Andhra Pradesh Court March 2007 Judgments
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Guntupalli Rama Subbulu Vs. Jetti Siva Sankara Rao and anr.
Court: Andhra Pradesh
Decided on: Mar-08-2007
Reported in: 2007(4)ALD268
P.S. Narayana, J.1. This civil miscellaneous appeal is filed by the second respondent against the order dated 6-10-2004 passed in EA No. 17 of 2002 in EP No. 27 of 2001 in OS No. 33 of 1990, on the file of the Court of Senior Civil Judge, Bapatla, Guntur District.2. The first respondent-judgment debtor in the present civil miscellaneous appeal filed the said application under Order 21 Rule 90 read with Section 151 of the Code of Civil Procedure (hereinafter referred to for short 'the Code' for the purpose of convenience) praying for the relief to set aside the sale conducted on 27-12-2001 in EP No. 27 of 2001 in OS No. 33 of 1990 on the file of the Court of Senior Civil Judge, Bapatla.3. It appears that the matter was remanded by this Court with a specific direction to implead the auction purchaser as a party and consequently the auction purchaser, Guntupalli Rama Subbulu was added as a party by an order dated 22-4-2004 in EA No. 38 of 2004. The learned Judge recorded the evidence of P...
Utl Technologies Limited and anr. Vs. Government of Andhra Pradesh, Re ...
Court: Andhra Pradesh
Decided on: Mar-08-2007
Reported in: 2007(4)ALT546
ORDERL. Narasimha Reddy, J.1. The Commissioner of e-Seva, Government of A.P., second respondent herein issued a tender notice, dated 23-03-2006, 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 23-03-2006 to 15-04-2006 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 bi...
Chigurupalli Prabhakara Rao Vs. Chief Electoral Officer and E.O., Prin ...
Court: Andhra Pradesh
Decided on: Mar-07-2007
Reported in: AIR2007AP171; 2007(3)ALD205; 2007(3)ALT509
L. Narasimha Reddy, J.1. Common questions of fact and law arise for consideration in this batch of writ petitions. Hence, they are disposed of, through common judgment.2. The Andhra Pradesh State Legislative Council was revived, in the recent past. Steps were initiated, to elect the members in accordance with the relevant provisions of the Constitution of India; the Representation of People Act 1950 (for short '1950 Act'), and that of 1951 (for short '1951 Act'). Section 6 of the 1951 Act mandates that a person shall be eligible to be chosen to fill a seat in the Legislative Council, if only he is an elector for any Assembly Constituency in the State.3. The common case of the petitioners is that their names were included in the respective Legislative Assembly Constituencies upto the year 2003 and in the subsequent revisions, their names were deleted. All of them submitted applications to the respective Registering Authorities for inclusion of their names. In some cases, the application...
Mysore Structural Ltd., Rep. by Its Manager (Accounts) Vs. Dy. Directo ...
Court: Andhra Pradesh
Decided on: Mar-07-2007
Reported in: 2007(4)ALD531; 2007(3)ALT610
ORDERL. Narasimha Reddy, J.1. The petitioner is the manufacturer of concrete sleepers to be supplied to the Railways. It has established a manufacturing plant at Hafeezpet, Ranga Reddy District. On 26-7-1995, the second respondent inspected the plant/factory of the petitioner and found that a stock of 180 cubic meters of stone and metal was stocked in the factory yard. He issued a notice, dated 1-8-1995, requiring the petitioner to furnish the details of purchases of the material together with documentary proof. In response to this, the petitioner submitted a reply, dated 13-10-1995, and enclosed a statement of purchases made by it from 1-4-1994 to 30-9-1995. On receipt of this, the second respondent addressed a letter, dated 22-11-1995, to the petitioner, stating that the statement submitted by the petitioner accounts for payment of royalty for 2722 cubic meters, as against the total supplied quantity of 18,547 cubic meters. The petitioner was required to show cause as to why action s...
Shaik Mastan Bi and ors. Vs. D. Suryaprakash Rao and ors.
Court: Andhra Pradesh
Decided on: Mar-07-2007
Reported in: 2008ACJ1509
B. Prakash Rao, J.1. This appeal is filed by the claimants assailing the judgment and decree passed in M.V.O.P. No. 458 of 1997 dated 14.5.2001 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-Fourth Additional District Judge, Guntur seeking enhancement of compensation.2. The facts of the case in brief are that in an accident, which occurred on 30.3.97 at about 1.30 p.m., the deceased Baji Vali along with one Kurra Venkateswarlu were going to Ponnur on a cycle and by the time they reached Patchala Tadiparru Bus Stand, Suzuki motor cycle bearing No. ABG 6051 driven by the respondent No. 1 with high speed in a rash and negligent manner came from opposite direction and hit the cycle. As a result of which, both the deceased and the cyclist fell down and received injuries and the deceased died on the spot. The police registered a case in Crime No. 34 of 1997 against the driver of the motor cycle. Respondent Nos. 1, 3 and 4 remained ex parte. The dependants of the deceased cl...
D. Satyanarayana Vs. Joint Transport Commissioner and Secretary, Regio ...
Court: Andhra Pradesh
Decided on: Mar-06-2007
Reported in: 2007(4)ALD483
ORDERL. Narasimha Reddy, J.1. The petitioner is an auto driver by profession. He obtained driving licence in the year 2002, and it was valid up to 22-3-2008. On 25-8-2005, an accident tool place, when he was driving the auto. The auto was carrying six children and they were to be dropped at St. Joseph's School, King Koti. According to the petitioner, when he was crossing Basheerbagh, with the green signal on, a car came from Liberty side in a rash and negligent manner, and hit the auto being driven by the petitioner. It resulted in injury to a child, who died while undergoing treatment. A case was registered against the petitioner.2. Since the death was of a school going child, the incident naturally received public attention and was covered by Press. On the basis of the news reports, the accident vehicle was seized. The 1st respondent issued a show-cause notice, dated 31-8-2005, to the petitioner, directing him to explain as to why the driving licence shall not be cancelled. The petit...
Maganti Ganta Avadhani Vs. Kopuri Sreenivasa Rao
Court: Andhra Pradesh
Decided on: Mar-06-2007
Reported in: I(2008)BC179; 2007CriLJ2901
ORDERG. Yethirajulu, J.1. This Criminal Petition has been filed by the accused under Section 482 of Cr.P.C to quash the proceedings in C.C. No. 157 of 2004 on the file of the Additional Judicial Magistrate of First Class, Gudivada, Krishna District.2. A private complaint was filed by the first respondent/complainant for the offence punishable under Section 138 of the Negotiable Instruments Act (for short 'the Act'). It is alleged in the complaint that the accused borrowed an amount of Rs. 4,20,000/- from the complainant on 17-3-2000 for the purpose of business and discharge of sundry debts. The accused executed three different promissory notes agreeing to pay the said amount with interest at the rate of 24% per annum. The complainant made several demands, but the accused failed to repay the entire amount and ultimately issued a cheque on 14-8-2003 for an amount of Rs. 4,32,000/- towards part payment of the debt due under the promissory notes. On 16-8-2003 the accused paid an amount of ...
Deputy Director, Esi Corporation Vs. L.K. Krishnaiah and ors.
Court: Andhra Pradesh
Decided on: Mar-06-2007
Reported in: 2007(5)ALD70; 2007(6)ALT314; [2007(115)FLR285]; (2008)ILLJ181AP
P.S. Narayana, J.1. This civil miscellaneous appeal is filed by the Deputy Director, ESI Corporation, Hill Fort Road, Saifabad, Hyderabad, respondent No. 1 in E.I. Case No. 32 of 2001 on the file of the Employees' Insurance Court and Chairman, Industrial Tribunal-I, Hyderabad, dated 13-1-2004.2. Respondents 1 and 2 herein as petitioners filed E.1. Case No. 32 of 2001 on the file of the Employees' Insurance Court and Chairman, Industrial Tribunal-I, Hyderabad (hereinafter in snort, referred to as 'the Court' for the purpose of convenience) praying for a declaration that the order passed by the appellant herein, the first respondent vide Letter No. 52.N/19/13/54/93-CB, ID, dated 10-11-2000, as illegal and void for implementation of the order passed by the III Additional Chief Judge, City Civil Court, Hyderabad, in O.P. No. 716 of 1995 at 35:35:30 ratio among the petitioners 1 and 2 and the second respondent therein and also ordering first respondent to recover amount from the second resp...
K. Malla Reddy and ors. Vs. Chairman, Airport Authority of India and o ...
Court: Andhra Pradesh
Decided on: Mar-05-2007
Reported in: 2007(2)ALT549
ORDERC.V. Ramulu, J.1. It appears, before formation of Airport Authority of India, there were two Departments existed, one was Central Public Works Department (CPWD) and the other was Civil Aviation Department. The personnel working in the Civil Aviation Department were called Executives and the personnel working in CPWD, were called non-executives. Airport Authority of India came into existence with effect from 1-6-1986. It seems, while absorbing the personnel of CPWD, there were some disputes and the matter was referred to the arbitrator and arbitral award was passed on 19-3-1988. Further, flexible complementary scheme was introduced for the benefit of the employees of Airport Authority of India, except the Engineering staff, for automatic upgradation, wherever there is a stagnation of promotion for more than 6 years.2. Now, it is the grievance of the petitioners, who are 16 in number that the scheme of flexible complementary was not extended nor the arbitral award of 1988 was implem...
Fishermen Co-operative Society Vs. Director of Fisheries, Govt. of A.P ...
Court: Andhra Pradesh
Decided on: Mar-05-2007
Reported in: 2007(3)ALD528
ORDERL. Narasimha Reddy, J.1. The petitioner is a Fishermen Co-operative Society, Kalyani Village, Nizamabad District. It was registered about 35 years ago, with five villages as its area of operation. Lingareddypet, is one such village.2. Certain persons, claiming to be the fishermen of Lingareddypet Village, under the leadership of the 4th respondent, submitted a representation dated 20-9-2005 to the Respondents 2 and 3, with a request to form a separate Fishermen Co-operative Society, for that village, by deleting it from the purview of the petitioner-society. Acting on the same, the 4th respondent addressed a letter dated 8-12-2005 to the petitioner-society, with a direction to place the matter of bifurcation of the society, before the General Body, in accordance with Section 15A of the Andhra Pradesh Co-operative Societies Act (for short 'the Act'), and submit a reply within 21 days. The matter was accordingly placed before the general body of the petitioner-society on 23-12-2005....
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