Andhra Pradesh Court March 2006 Judgments
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Atomic Energy Education Society and ors. Vs. G. Lakshmi and anr.
Court: Andhra Pradesh
Decided on: Mar-16-2006
Reported in: 2006(3)ALD726; 2006(3)ALT209
D. Apparao, J.1. These two Writ Appeals are filed against the common order of the learned Single Judge in W.P.Nos. 24910 and 25382 of 2002, dated 17-10-2003, declaring the action of the appellants in transferring the writ petitioners to other schools as unjust, illegal and contrary to law. 2. The writ petitioners are working as Sweepers-cum-Farash in Atomic Energy Educational Society (for short 'A. E.E.S,'), the appellants herein. They were appointed in 1991 and 1988, respectively, and have been discharging their duties in the A.E.E.S. at Hyderabad. They were transferred to Bombay and Mysore by the impugned order dated 14-05-2002 in the public interest. Assailing the correctness of these transfers, they sought a Writ of Mandamus, declaring the orders of transfer as unjust, illegal and are violative of Articles 14, 16 and 21 of the Constitution of India. 3. The writ petitioner in W.P. No. 24910 of 2002 alleged that in compliance of the same, he reported at Jaduguda, Bombay and thereafte...
Mohd. Abdul Razak Vs. B. Venkatesh @ Venkataiah
Court: Andhra Pradesh
Decided on: Mar-16-2006
Reported in: AIR2006AP300; 2006(4)ALD118; 2006(3)ALT242
D. Appa Rao, J.1. The unsuccessful plaintiff in O.S. 189/98 on the file of the learned II Additional District Judge, R.R. District, filed this appeal against the decree and judgment dated 28-2-2003 dismissing the suit filed for specific performance of an oral agreement of sale.2. The parties are described as arrayed in the suit for felicity expression.3. It is the case of the plaintiff that the defendant had entered into an oral agreement of sale with him for sale of Ac.0.12 guntas of site viz., 1452 sq. yards in Sy.No. 17/AA situated at Soug-Bowli village, Rajendernagar Mandal, R.R. District on 26-4-1997 for a consideration of Rs. 11,00,0007-, approximately at the rate of Rs. 757-50 ps per sq. yard. He paid Rs. 1,100/- as token advance amount for which the defendant gave receipt under Ex.A-1. Again on 30-4-1997 he paid Rs. 10,000/- to the defendant under Ex.A-2 receipt. The defendant agreed that on receiving balance of sale consideration before Sub-Registrar at the time of registratio...
Nethra Chits (P) Ltd. Vs. B. Ramachandra Reddy and ors.
Court: Andhra Pradesh
Decided on: Mar-16-2006
Reported in: 2006(3)ALD477
ORDERP.S. Narayana, J.1.Heard Sri Srinivasa Reddy, the learned Counsel representing the petitioner and Sri Purnachandra Rao, the learned Counsel representing the fourth respondent.2. This Court ordered notice before admission on 22-12-2005 and inasmuch as respondent No. 4 was represented by Counsel and respondent No. 2 and respondent No. 3 were un-served, the petitioner was permitted to take out personal notice and file proof of service. Proof of service is filed.3. Sri Srinivasa Reddy, learned Counsel representing the petitioner would maintain that the application was filed under Rule 32 of Civil Rules of Practice read with Order VII Rule 14(3) and Section 151 of Code of Civil Procedure to permit the Foreman and Director of the plaintiff company to act as representative of the said company to prosecute the suit. The learned Counsel would submit that even if it is an irregularity in presentation of the plaint, the same is a curable irregularity and hence in the light of the reasons exp...
M. Bhoopal Reddy Vs. Labour Court-i and anr.
Court: Andhra Pradesh
Decided on: Mar-16-2006
Reported in: 2006(3)ALD653; 2006(3)ALT724; [2006(110)FLR449]
ORDERN.V. Ramana, J.1. Assailing the award dated 26-11-1999, passed by the Labour Court, Hyderabad, in I.D. No. 130 of 1997, published on 23-2-2000 vide G.O. Rt. No. 349, Labour Employment Training and Factories (Lab.I) Department, dated 14-2-2000, the petitioner filed the present writ petition.2. The petitioner joined the service of respondent No. 2-APSRTC as Driver on 17-3-1988 and continued as such till 16-1-1997 when he was removed from service. Assailing the order of removal, the petitioner raised an industrial dispute in I.D.No. 130 of 1997 and the Labour Court vide award dated 14-9-1998 allowed the I.D. Assailing the award, respondent No. 2 filed writ petition in W.P.No. 36434 of 1998, and this Court by order dated 23-2-1998, set aside the award and allowed the writ petition. Thereafter, the Labour Court having considered the matter, passed award confirming the order of removal, which is impugned in this writ petition.3. The learned Counsel for the petitioner submits that no opp...
Kothota Marine Fishermen Co-operative Society Vs. Director of Fisherie ...
Court: Andhra Pradesh
Decided on: Mar-16-2006
Reported in: 2006(4)ALD66; 2006(4)ALT715
ORDERV.V.S. Rao, J.1. Kothota Marine Fishermen Co-operative Society (hereafter called, the Society) is the petitioner. The writ petition is filed seeking a writ of mandamus declaring the inaction of the respondents 1 to 4 in not restraining the fifth respondent in disposing of the fishing rights in irrigation channels/drains connecting Upputeru passing through Kothota Village of Mogalthur Mandal in West Godavari District as illegal and arbitrary. The petitioner also seeks consequential direction to respondents 1 to 4 to lease out the said irrigation channels in favour of the petitioner Society duly restraining fifth respondent in disposing of the fishing rights in the channels.2. The irrigation channel known as Upputeru drains out Kolleru lake into Bay of Bengal. Upputeru branches out Bonteru drain, Jaggappa drain, Komatithippa drain, Etimondi, Perlacheruvu, Vedithippa cheruvu, Kothota Ramalayam cheruvu, Komatithippa cheruvu etc. The branch channels are passing through Kothota Gram Pan...
Sd. FasiuddIn Vs. Depot Manager, Apsrtc and ors.
Court: Andhra Pradesh
Decided on: Mar-16-2006
Reported in: 2006(3)ALD683; 2006(4)ALT228; [2006(110)FLR711]
ORDERN.V. Ramana, J.1. Assailing the award dated 3-3-1991, passed by the Labour Court, Godavari Khani, Karimnagar District, in I.D. No. 5 of 1998, published in G.O. Rt. No. 1071, dated 30-4-2001, the petitioner filed the present writ petition.2. The petitioner was appointed as Conductor in the respondents-APSRTC in 1983. While he was working as such a charge-memo, levelling eight charges, was issued to him on 12-6-1997. Upon enquiry into the said charges, and based on the enquiry report, which held the charges proved, the petitioner was removed from service vide proceedings dated 10-11-1997 of the disciplinary authority. The appeal preferred thereagainst, was rejected by the appellate authority vide orders dated 24-12-1997. Assailing the same, the petitioner raised as industrial dispute in I.D.No. 5 of 1998 before the Labour Court, which by award dated 3-3-1991, published in G.O. Rt. No. 1071, dated 30-4-2001, dismissed the same, upholding the orders of the disciplinary authority as co...
B. Dass Vs. Apsrtc and anr.
Court: Andhra Pradesh
Decided on: Mar-16-2006
Reported in: 2006(4)ALD127; 2006(4)ALT232
ORDERN.V. Ramana, J.1. The petitioner joined the service of the respondents as Conductor on 9.1.1984. On the ground that he is suffering from health problems, he submitted his resignation letter on 1.8.2001. On 31.8.2001, the petitioner withdrew his resignation. However, on the day the petitioner withdrew the resignation, respondent No. 2 issued proceedings dated 31.8.2001 informing him that in terms of Regulation 6(B) of the APSRTC Employees (Service) Regulations, 1964 (for short 'the Regulations'), his resignation has been accepted. Assailing these proceedings, the petitioner filed the present writ petition.2. The learned Counsel for the petitioner submitted that the petitioner submitted his resignation on 1.8.2001, and as per Regulation 6(B) of the Regulations, an employee intending to leave the service, has to give one month notice to the competent authority, and inasmuch as the petitioner before expiry of the said notice period, had withdrawn his resignation, respondent No. 2 coul...
Nalazala Srinivas Rao Vs. S. Lokeswara Rao
Court: Andhra Pradesh
Decided on: Mar-16-2006
Reported in: 2006(4)ALD672
ORDERV.V.S. Rao, J.1. The petitioner is defendant in O.S. No. 984 of 2004 on the file of the Court of the Principal Junior Civil Judge, Kothagudem. The respondent herein filed the suit for recovery of an amount of Rs. 68,900/-. Along with the suit, he filed LA. No. 1895 of 2004 for attachment before judgment. He sought an attachment for a thatched house bearing house No. 1-14 with appurtenant site admeasuring Acs. 0.05 in Thotapalli Village of Bhadrachalam Mandal of Khammam District. The application was filed under Order XXXVIII Rules 5 and 6 of Code of Civil Procedure, 1908 (CPC). By order, dated 28-12-2004, the learned Junior Civil Judge, Kothagudem, ordered defendant to furnish third party security within a period of forty eight (48) hours, from the receipt of the notice and further directed to attach the above mentioned property in case of default. The said order was communicated to the Mandal Revenue Officer, Bhadrachalam, by way of warrant returnable by 4-3-2005. This civil revis...
Md. Sikander Khan Vs. Govt. of A.P., Home Dept. and ors.
Court: Andhra Pradesh
Decided on: Mar-14-2006
Reported in: 2006(2)ALT644
ORDERGoda Raghuram, J.1. Heard the learned Counsel for the petitioner and the learned Government Pleader for Home; perused the averments in the affidavit accompanying the writ petition and the counter affidavit filed by the 1st respondent and the accompanying documents. The writ petition is disposed of at the request of the counsel for the respective parties, at the stage of admission, as pleadings are on record.2. The writ petition is filed with a prayer as follows:.declaring the action of the respondent in not taking action on complaint given by the petitioner dated 7-1-2006 on the file of the 2nd and 3rd respondents as illegal, arbitrary, unjust and consequently direct the respondents to cause arrest and to investigate into complaint given by the petitioner dated 7-1-2006, as otherwise petitioner will continue to suffer serious threat to his life and property and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. 3. The pe...
K. Sharvani Vs. K. Srinivasa Kumar
Court: Andhra Pradesh
Decided on: Mar-14-2006
Reported in: AIR2006AP365; 2006(3)ALD632; 2006(3)ALT283; II(2006)DMC507
D.S.R. Varma, J.1. Heard both sides.2. This Family Court Appeal is directed against the order, dated 1 -12-2005, passed by the Judge, Family Court, Secunderabad, in Memo (SR).No. 6890 of 2005 in E.P. No. 13of 2003, rescinding the order, dated 21 -7-2003, passed by it in O.P.No. 249 of 2002, wherein and whereby originally a sum of Rs. 1,80,000/- was granted in favour of the appellant-wife towards permanent alimony.3. The appellant is the wife and the respondent is the husband.4. For the sake of convenience, the appellant and the respondent will be referred to as 'the wife' and 'the husband' respectively.5. The facts of the case, in brief, are as under:-If drifted into the past, the appellant and the respondent were wife and husband respectively. Originally, the spouses filed O.P.No. 249of 2002 under Section 13-B of the Hindu Marriage Act, 1955, (for short 'the Act'), before the Family Court, Secunderabad, seeking divorce, which was allowed by order, dated 21-7-2003, subject to certain c...
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