Andhra Pradesh Court March 2007 Judgments

Saptagiri Bar and Restaurant Vs. Commissioner of Prohibition and Excis ...

Court: Andhra Pradesh

Reported in: 2007(3)ALD479; 2007(3)ALT685

ORDERV. Eswaraiah, J.1. Pursuant to the notice issued before admission on 13.2.2007 with a direction to submit the records, the learned Government Pleader produced the records. At the consent of both the parties the matter is taken up for final disposal.2. Heard the learned Counsel for the petitioner as well as the learned Government Pleader for Prohibition and Excise appearing for the respondents.3. Petitioner questions the order of the Commissioner of Prohibition and Excise, Hyderabad dated 22.1.2007 in cancelling the prior clearance granted in his favour for grant of bar licence at D. No. 281/1662 and 1663 situated at Venkateswarapuram, Nellore Town. It is stated that he was granted IL-17 licence under Andhra Pradesh (Indian Liquor and Foreign Liquor) Rules, 1970 on 25.7.2001 for a period of one year in the name and style of 'M/s. Saptagiri Bar and Restaurant' in the aforementioned premises. After making necessary enquiry and as the said premises was situated outside the prohibited ...

Government of Andhra Pradesh, Rep. by Its Secretary, Higher Education ...

Court: Andhra Pradesh

Reported in: 2007(5)ALD305; 2007(4)ALT106

ORDERB. Prakash Rao, J.1.Since all these appeals arise out of a common order passed in a batch of writ petitions and the issue involved in all the appeals, is one and the same, they are being disposed of by a common order.2. Heard the leaned G.P. for Higher Education on behalf of the appellant, Sri Siva, Sri M. Ramgopalrao, Sri J. Kanakaiah and Sri G. Vidyasagar, the learned Counsel appearing on behalf of the respondents-writ petitioners in all the appeals.3. All these appeals are preferred at the instance of the Government against the common order passed in W.P.Nos. 5786 of 2003 and batch which are filed by the writ petitioners seeking a direction to declare the actions of the respondents therein in taking over the management of the A.B.V. Degree College, Janagoan from 1-4-2003 by G.O.Ms. No. 10 HE dated 12-3-2003 without absorbing the petitioners on the ground that they are working in unaided post in spite of extracting work for nearly 15 years and seeking to terminate their services...

K. Mohan and Co. Vs. Assistant/Deputy Director, Esi Corporation and an ...

Court: Andhra Pradesh

Reported in: 2007(4)ALD754; 2007(5)ALT791; [2007(115)FLR292]; (2007)IIILLJ1026AP

P.S. Narayana, J.1. Heard Sri Khambam Madhava Reddy, learned Counsel representing the appellant and Sri Amarendra Kumar, learned Counsel representing the respondents.2. The following substantial questions of law arise for consideration:(i) Whether the Court below being a original Court has got jurisdiction to remit the matter to the 1st respondent-Corporation without deciding the dispute between the parties as contemplated under Section 75(1) of ESI Act, 1948?(ii) Whether the Court below properly exercised its jurisdiction in remitting the matter to the 1st respondent-Corporation, even though it has powers of Civil Court and Criminal Court under Section 78 of ESI Act, 1948 for summoning the records and examining the witnesses and in spite of proving the appellant that it engaged only 9 employees?3. Sri Khambam Madhava Reddy, learned Counsel representing the appellant had taken this Court through the order which is impugned in the present civil miscellaneous appeal and would comment tha...

Dr. Anasuyamma Vs. P. Raghunandan and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. Merla Shreesha, Member: 1. Aggrieved by the order in CD No. 79 of 2000 on the file of District Forum, Ananthapur, opposite party preferred F.A. No. 880 of 2004. FA 879 of 2000 has been preferred by the complainants and since both these appeals arise from a common complaint they are being disposed of by a common order. 2. The brief facts as set out in the complaint are that the deceased Anuradha is the wife of the first complainant and mother of the second complainant. The patient approached opposite party for terminating her pregnancy. Opposite party confirmed pregnancy and prescribed some medicines for termination. Since it was not successful opposite party fixed the operation on 1.6.2000 and the complainant brought all the medicines prescribed by the opposite party. The patient was taken into labour room and after 15 minutes opposite party informed the complainant that some complications have developed and advised them to take her to Manipal Hospital. First complainant arranged ...

K. Vara Prasada Varma Vs. Dr. B.N. Prasad and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. M. Shreesha, Member: 1. The brief facts as set out in the complaint are that the complainant approached Dr. Jayaram Pingle who is a consultant Orthopaedic Surgeon on 11.5.1999 for taking treatment in his left hip since he was suffering with heavy pain. After examining the complainant, the doctor advised him to undergo necessary tests like MRI, scanning etc. Accordingly on 14.5.1999 MRI scan test was conducted on the complainant and in the said test it was found that complainant had been suffering from Avascular Necrosis to both Femoral heads-Stage-I on right side and stage III to IV on the left side. Based on the said report Dr. Pingle advised the complainant to take immediate surgery to the hip joint of the left leg and he further advised the complainant that there is no necessity to conduct surgery to the right leg immediately and fixed the date for the surgery of the left hip of joint leg on 19.5.1999. The complainant instead of undergoing surgery on 19.5.1999 with Dr. Jaya Ram...

Alia Alias Pentakota Satyanarayana and ors. Vs. Pentakota Krishna Bhag ...

Court: Andhra Pradesh

Reported in: AIR2007AP208; 2007(3)ALD682; 2007(3)ALT103

ORDERD.S.R. Varma, J.1. Heard both sides.2. This Civil Revision Petition is directed against the order dated 4-12-2006, passed by the II Additional Senior Civil Judge, Kakinada, East Godavari District, directing to issue warrant for delivery of the properties mentioned in the 'Will' under Ex.B-9, to the decree-holders, in E.P. No. 78 of 2006 in O.S. No. 7 of 1984, filed under Order 21 Rules 35 and 36 read with Section 144 of the Code of Civil Procedure (for brevity 'the C.P.C.').3. Petitioners are the judgment-debtors and the respondents are the decree-holders, in the E.P., before the executing Court.4. For the sake of convenience, in this order, the petitioners and the respondents will be referred to as 'the judgment-debtors' and 'the decree-holders', respectively.5. The brief and relevant facts are that one Pentakota Krishna Bhagavan - the judgment-debtor No. 1, claiming to be the adoptive son of the P. Sree Rama Murthy, filed a suit O.S.No. 7 of 1984 for partition of the suit schedu...

Venkata Satyanarayana Vs. Commissioner of Police and ors.

Court: Andhra Pradesh

Reported in: 2007(3)ALT503

ORDERV. Eswaraiah, J. 1. Sri B. Adinarayana Rao, learned Counsel for the petitioner submits that the petitioner was branded as one of the followers of Devineni Rajasekhar, MLA, from Kankipadu Assembly Constituency and at the behest of the rival politicians of the said Rajasekhar, petitioner was implicated in several criminal cases along with the said Rajasekhar. A rowdy sheet was opened against the petitioner in 1992. The petitioner was elected as Corporator from Ward No. 32 of Vijayawada Municipal Corporation in 1995 and taking advantage of false criminal cases lodged against the petitioner, the rowdy sheet was continued. Thereafter the petitioner got re-elected as Corporator during 2000-05 and also became the Deputy Mayor of the Corporation. The petitioner was elected again as Corporator in 2005 and is continuing as such. Several criminal cases filed against the petitioner ended in acquittal but the respondents never bothered to review the case of the petitioner to close down the row...

B. Rami Reddy Vs. Primary Agricultural Co-operative Credit Society Ltd ...

Court: Andhra Pradesh

Reported in: 2007(3)ALD491; 2007(3)ALT651

ORDERC.V. Ramulu, J.1. The short question that falls for consideration in this writ petition is whether the petitioner is entitled for the benefit of special bye-laws recommended by the Commissioner and Registrar of Co-operative Societies and adopted by the society on 30-4-2006, as to payment of gratuity?2. It appears, petitioner worked as Secretary of Primary Agricultural Co-operative Credit Society Limited, Suryapet, Suryapet Mandal, Nalgonda District. On attaining the age of superannuation, he retired from service on 30-4-2006. He is governed by the service rules made under Rule 72(3) of the Andhra Pradesh Co-operative Societies Rules, 1964 (for short 'the Rules'). The Registrar of Co-operative Societies is the competent authority for making the rules/regulations governing the service conditions of the Secretaries of the Primary Agricultural Co-operative Societies, which shall be adopted by the co-operative societies. It appears, as per bye-law No. 9 of the Special bye-laws, an empl...

Enforcement Directorate, Government of India Vs. Ilyas Moosa and ors.

Court: Andhra Pradesh

Reported in: 2007(4)ALD35; [2007]139CompCas159(AP); [2008]82SCL156(AP)

P.S. Narayana, J.1. The Enforcement Directorate, Government of India, III Floor, Damayanthi Chambers, Adarshnagar, Hyderabad, had preferred this civil miscellaneous appeal under Section 35 of the Foreign Exchange Management Act 1999, hereinafter in short referred to as 'Act' for the purpose of convenience.2. In the civil miscellaneous appeal the order impugned is dated 9-2-2004 made in Revision Petition No. 673 of 2003 on the file of the Appellate Tribunal for Foreign Exchange, New Delhi, which is said to have been received on 10-4-2004.3. Section 35 of the Act dealing with appeal to High Court, reads as hereunder:Appeal to High Court:--Any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal to him on any question of law arising out of such order:Provided that the High Court may, if it is satisfied that the appellant was prevented by s...

Utl Technologies Ltd. and anr. Vs. Government of Andhra Pradesh and or ...

Court: Andhra Pradesh

Reported in: 2007(4)ALD324

ORDERL. Narasimha Reddy, J.1. The Commissioner of e-Seva, Government of A.P., second respondent herein issued a tender notice, dated 23.3.2006, inviting bids for manpower supply in e-Seva centres across the State, in all Districts, except the Districts of Hyderabad and Ranga Reddy. A detailed programme, commencing from 23.3.2006 to 15.4.2006 i.e., bid calling date and bid opening date, was notified.2. The procedure comprised of three stages viz., pre-qualification bid, technical bid and financial bid. The parameters of these bids were stipulated in the tender document (for short 'the Document').3. The petitioners, the third respondent and certain others submitted their tenders. The second respondent issued separate letters, dated 19.10.2006, to the petitioners, informing that they have been qualified for technical bid for Zones-II and III respectively. It was also informed that the technical bids would be opened on 30.10.2006 and on evaluation thereof, the financial bids of those bidde...