Andhra Pradesh Court April 2007 Judgments
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Mettu Pentaiah (Died) by Lr Vs. P. Veeraiah (Died) by Lrs. and ors.
Court: Andhra Pradesh
Decided on: Apr-05-2007
Reported in: AIR2007AP284; 2007(4)ALT722
A. Gopal Reddy, J.1. This appeal under Section 54 of the Land Acquisition Act, 1894 is directed against the award and decree passed by the Additional District Judge, Medak at Sangareddy dated 30-8-2001 in OP No. 682/1991.2. The facts giving rise to filing of this appeal are briefly stated thus: An extent of Acs.8-26 guntas of land in S.No. 372/E situate at Tellapur Village was acquired by HUDA. The claimants participated in the award enquiry by putting up their claims. The Land Acquisition Officer after determining the compensation payable to the land owners referred the matter to the Civil Court under Sections 30 and 31 of the Land Acquisition Act, 1894 (for short 'the Act'), since there was a dispute with regard to title of the property. On reference being made to the Civil Court, the claimants appeared and adduced evidence. Based upon the oral and documentary evidence, the reference Court by its impugned order held that the share of the claimant No. 5, which comes to Acs.3-331/2 gun...
Ramapuram Gramapanchayat Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Apr-04-2007
Reported in: 2007(4)ALD277; 2007(4)ALT485
ORDERL. Narasimha Reddy, J.1. The petitioner is a Gram Panchayat. It seeks a declaration to the effect that the Explanation to Section 147 of the Andhra Pradesh Panchayat Raj Act, 1994 (for short 'the Act'), through which the A.P. Industrial Infrastructure Corporation Limited (for short 'A.P.I.I.C.'), the third respondent herein, is equated to a local authority; is illegal, unconstitutional and violative of Articles 40, 243G and 243H of the Constitution of India. It also challenges the notification issued by the first respondent in G.O. Ms. No. 113, Panchayat Raj, Rural Development and Relief (PTS.IV) Department, dated 4-3-1995.2. The third respondent brought about an industrial estate within the limits of Ramapuram Gram Panchayat, Tada Mandal, Nellore District. The first respondent issued G.O. Ms. No. 113, dated 4-3-1995, in exercise of its powers under Section 147 of the Act directing that the powers referable to Sections 60 to 69, 93 to 103, 120, 123, 126 to 129, 131 to 142, 145, 25...
Barla Trinadha Rao Vs. Presiding Officer, Industrial Tribunal-cum-labo ...
Court: Andhra Pradesh
Decided on: Apr-04-2007
Reported in: 2007(4)ALD346; 2007(4)ALT482; [2007(114)FLR928]
ORDERC.V. Nagarjuna Reddy, J.1. This writ petition is filed seeking quashing of the award dated 28-03-1997 of the Industrial Tribunal-cum-Labour Court, Visakhapatnam (for short 'the Labour Court') in I.D.No. 138 of 1993 holding that the finding of the Labour Court that the petitioner is not entitled to reinstatement, as illegal and contrary to law laid down by the Supreme Court and various High Courts. The petitioner also sought for consequential direction to respondents 2 and 3 to reinstate him as Works Maistry with all consequential benefits including backwages.2. In the affidavit filed in support of the writ petition, the petitioner submitted that he joined in service under respondents 2 and 3 on 01 -03-1980 as Works Maistry on a salary of Rs. 310/- per month and worked continuously as such till 31 -07-1984, on which date he was retrenched from service without giving any notice or making payment in lieu of notice and also without paying retrenchment compensation, as contemplated und...
H. Rajender Vs. Managing Director, Agricultural Co-operative Associati ...
Court: Andhra Pradesh
Decided on: Apr-04-2007
Reported in: 2007(6)ALD184; 2007(4)ALT769
ORDERRamesh Ranganathan, J.1. The petitioner, a junior Assistant in the Hyderabad Agricultural Co-operative Association Limited, (herein after referred to as HACA), seeks promotion as a senior assistant, with retrospective effect from 14-12-1994, against the backlog vacancies reserved in favour of the scheduled castes, contending that the respondent -- Society had failed to comply with the rule of reservation and had kept four posts of senior assistants, reserved in favour of the scheduled castes, unfilled despite qualified and eligible junior assistants, in the scheduled castes category, being available for being considered for promotion to these posts.2. Facts, in brief, are that on the petitioner's name being sponsored by the employment exchange, he was considered for selection and was appointed, vide proceedings 6-6-1988, as a junior assistant in HACA with effect from 10-6-1988. Petitioner is a graduate, having obtained his B.Com. degree from Osmania University in May, 1983, and be...
Potta Sankaranarayana Vs. Yorra Ramulu @ Ramu and ors.
Court: Andhra Pradesh
Decided on: Apr-04-2007
Reported in: 2007(4)ALD862; 2007(6)ALT37
B. Prakash Rao, J.1. The appellant, who is the injured claimant, filed this appeal not satisfied with the compensation awarded in the judgment and decree dated 10-8-2001 in O.P. No. 157 of 1999 on the file of the Motor Accident Claims Tribunal-cum-District Judge, Vizianagaram, inter alia, seeking for enhancement of compensation on the ground that the quantum arrived at by the Court below in a claim under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') is too meager.2. Briefly stated the facts of the case are that on 13-9-1998 at 11.00 p.m., when the claimant was waiting in the bus stand near Kothapeta Water Tank, a Scooter bearing No. AP 35 9697 driven by the first respondent came at high speed without blowing horn from Vizianagaram to Nellimarla side and dashed the claimant from behind while the claimant was walking on the left side of the road. Immediately he fell down and sustained injuries on his left buttock, left hand and let foot. He was taken to Dr. A. Sreeram...
Singana Naga Nooka Chakrarao Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Apr-04-2007
Reported in: 2007CriLJ3466
ORDERBilal Nazki, J.1. Heard learned Counsel for the parties. The petitioner-accused was tried for offences under Sections 497 and 498 of IPC. The trial Court convicted him under both the offences and sentenced him to undergo simple imprisonment for six months and to pay a fine of Rs. 500/- i/d. to suffer simple imprisonment for one month for the offence under Section 497 of IPC and simple imprisonment for three months and to pay a fine of Rs. 300/- i/d. to suffer S.I. for one month for the offence under Section 498 of IPC.2. The appellate Court acquitted him of the offence under Section 497 of IPC, but confirmed the conviction and sentence under Section 498 of IPC.3. Before coming to the arguments at the bar and before appreciating the controversy, it is necessary to have a look at the. ingredients of Sections 497 and 498 of IPC.497. Adultery.- Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the cons...
Mohammed Masthan and ors. Vs. Abdul Rehman and ors.
Court: Andhra Pradesh
Decided on: Apr-04-2007
Reported in: 2007(5)ALD274; 2007(6)ALT353
P.S. Narayana, J.1. The 1st defendant in O.S. No. 268/84 on the file of District Munsif, Vizianagaram, being aggrieved of the Decree and Judgment made in A.S. No. 117/95 on the file of District Judge, Vizianagaram, wherein the Decree and Judgment of the Court of first instance had been reversed, had preferred the present second appeal.2. The appellant-1st defendant died during the pendency of the second appeal and appellants 2 to 12 were brought on record as the legal representatives of the deceased 1st appellant by Order dated 3-11-2005 in C.M.P. No. 2745/2005. The second appeal as against R.5, R.6 and R.7 was dismissed for default. But, however, it is stated that the main contest is between R.1 to R.4 - the plaintiffs in O.S. No. 268/84 and at present the legal representatives of appellant-1st defendant. It is also stated that these parties claiming under the 1st defendant as tenants had been shown as defendants 2, 3 and 4 and hence, the Counsel on record submitted that the second ap...
National Aluminium Co. Ltd. and ors. Vs. N. Rajender Kumar
Court: Andhra Pradesh
Decided on: Apr-04-2007
Reported in: 2007(6)ALD414
G. Bhavani Prasad, J.1. The unsuccessful defendants in O.S. No. 35 of 1996 on the file of IV Additional District Judge's Court, Visakhapatnam filed the appeal against the judgment and preliminary decree dated 5-9-2001.2. The factual background is that the plaintiff filed the suit claiming that the defendants entered into an understanding with the plaintiff, a transport contractor, for transporting various oils. As per the understanding, the plaintiff should provide the tankers for transportation of oils from Visakhapatnam to Damanjodi and has to be paid Rs. 0.39 paise per kilolitre per kilometre. The plaintiff deposited Rs. 10,000/- as security deposit on 26-5-1988 and the initial contract for one year was extended from time to time. The plaintiff was accordingly supplying oil tankers without any delay or default and was submitting his bills to the defendants which were payable within 30 days from the date of submission. However, the defendants abnormally delayed in paying the bills re...
Dr. Md. Rafeeq Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Apr-03-2007
Reported in: 2007CriLJ2641
ORDERG. Yethirajulu, J.1. The petitioner is the accused in Crime No. 929 of 2006 of Rajendranagar Police Station, Ranga Reddy District, registered for the offences under Sections 409 and 468 of IPC.2. The allegation against the petitioner is that he forged his last pay certificate as if it was issued by the Assistant Research Officer. In the complaint, it is mentioned that an enquiry was conducted in this connection against the petitioner and the enquiry report discloses that, the signature on the last pay certificate is tallying with that of the petitioner which was issued by a mazdoor by name Habeebuddin. As per the Government instructions, a complaint was lodged with the police for the offence of creating a false last pay certificate and drawing salary on that basis.3. It was mentioned in the complaint that the matter was referred to the Public Prosecutor of Rangareddy District for his opinion and the Public Prosecutor gave his opinion on 14-12-2004 mentioning that it is a fit matte...
B.N. Rama Krishnaiah Vs. Deputy Transport Commissioner and Secretary, ...
Court: Andhra Pradesh
Decided on: Apr-03-2007
Reported in: AIR2007AP259; 2007(4)ALD280; 2007(4)ALT256
ORDERBilal Nazki, J.1. Counter has been filed and we have heard learned Counsel for the parties at length. With their consent, the writ petition is decided at this stage.2. The petitioner is Proprietor of a Maxi Cab No. KA-02B- 8224. He belongs to Mysore in the State of Karnataka and the vehicle is registered in Karnataka with an authorization for A.P. State, to ply throughout India. The permit is valid from 02-09-2003 to 01-09-2008. The authorization is valid till 01 -09-2007. It is covered by payment of tax to the Home State valid upto 31 -01 -2007. Its insurance and fitness certificates were valid on the relevant date. Although the petitioner's vehicle was authorized to ply within the State of Andhra Pradesh, yet, it did not ply in the State of Andhra Pradesh at any time after the permit and authorization were granted. According to the petitioner, the vehicle was kept in the State of Karnataka, the Home State, and was being used in that State only. Vehicle did not operate, according...
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