Andhra Pradesh Court July 2007 Judgments

Govt. of A.P., Legal Affairs, Law (N) Dept. and ors. Vs. M. Venkateswa ...

Court: Andhra Pradesh

Reported in: 2007(5)ALD579; 2007(5)ALT129

Ramesh Ranganathan, J.1. This writ petition is filed against the order in O.A. No. 1388 of 200G dated 27-12-2006 whereby the Andhra Pradesh Administrative Tribunal (for short, 'the Tribunal'), following the Division Bench judgment of this Court in Rednam Satyanarayana Murthy v. The District Tribunal Welfare Officer, East Godavari District, held that the respondent-applicant is entitled for promotion to the post of Senior Assistant.2. The Division Bench, before which this petition was listed, observed in its order dated 20-03-2007 that in J. Parvathalu v. Andhra Pradesh Administrative Tribuna 2002 Suppl. (1) ALD 430 (D.B.), which constitutes the basis of the judgment in Rednarn Satyanarayana Murthy v. The District Tribal Welfare Officer, East Godavari District (1 supra) the only question considered by the Division Etench was whether a person, promoted by grant of exemption in terms of the notification dated 22-04-1997, could be reverted retrospectively by applying the subsequent amendme...

N.S. Prakash Rao Vs. Bala Krishna and anr.

Court: Andhra Pradesh

Reported in: 2007(5)ALD641; 2007(5)ALT398

ORDERV.V.S. Rao, J.1. The petitioner is plaintiff in O.S.No.669 of 1999 on the file of the Court of the Principal Senior Civil Judge, Ranga Reddy District. He filed the suit for the delivery of vacant possession of suit schedule property i.e., 700 Sq. yards of land forming part of Plot No. C16, IDA, Uppal, together with compound wail and gates as well as asbestos covered sheds. The suit is also for mesne profits.2. The petitioner purchased the suit, schedule property under registered sale deed dated 18.1.2006 from Andhra Pradesh Industrial Infrastructure Corporation (APIIC) for the purpose of setting up an industry. As he could not utilize the entire extent of land, he allegedly entered into licence-cum-hire agreement dated 01.1.1997 with the respondents/defendants who agreed to erect structures on the demised plot, after obtaining necessary permission and sanction from appropriate authorities. As per the said agreement, the period of licence/lease was ten years with an option to renew...

Depot Manager, Apsrtc Vs. Mohd. Ghani and anr.

Court: Andhra Pradesh

Reported in: 2007(5)ALD735; [2007(115)FLR745]

ORDERC.V. Nagarjuna Reddy, J.1. This writ petition is filed for a writ of certiorari to quash the award dated 27.6.2000 of the Labour Court, Godavarikhani in I.D. No. 33 of 1995 whereby it directed reinstatement of respondent No. 1 as Driver in Andhra Pradesh State Road Transport Corporation (for short 'the Corporation').2. The 1st respondent was appointed as a Driver in the Corporation on 1.7.1986. While performing his duty on the route Karimnagar to Bombay on 22.4.1994, he was involved in an incident, which has lead to initiation of departmental proceedings against him. After a preliminary enquiry, a charge-sheet dated 24.3.1994 was served on the 1st respondent wherein two charges were framed which read as under:1. For having attempted to commit theft of Rs. 10,000/- on 22.2.1994 from a passenger, by name Sri Shaik Sharfuddin r/o. Singaram, who sat on the seat No. 4, which is located by the side of your rest cot in the Vehicle No. AP 9Z 6075, while you were on duty on the Karimnagar ...

New India Assurance Co. Ltd. Vs. Eluru Sanjeevaiah and ors.

Court: Andhra Pradesh

Reported in: 2009ACJ1342; 2007(6)ALD375; [2008(116)FLR1]

ORDERC.Y. Somayajulu, J.1. Respondents 1 to 4 who are the parents, brother and sister of Seenaiah (the deceased), who was working as a Security Guard/Watchman in M/s. Sharat Sea Foods Limited, Ramalingapuram, Nellore i.e., 5th respondent, filed an application under the Workmen's Compensation Act, 1923 (the Act), before the Commissioner for Workmen's Compensation Act-cum-Assistant Commissioner of Labour, Nellore, alleging that the deceased while attending to his duties on 5.11.1995 slipped from the 'Jetty' and fell into the sea at about 8.30 a.m. and died and inasmuch as the death of the deceased occurred out of and during the course of his employment with the 5th respondent, 5th respondent and the appellant who is the insurer are liable to pay compensation of Rs. 1,68,000/- to them.2. 5th respondent filed its counter inter alia contending that the deceased was appointed as Security Guard/Watchman on a monthly salary of Rs. 1,500/- from 17.6.1995 and that the deceased while discharging ...

Bank of Baroda Vs. D. Radha Krishna Reddy (Died) by Lrs.

Court: Andhra Pradesh

Reported in: 2007(6)ALD824

P.S. Narayana, J. 1. On 25.9.1998 this Court made the following Order:Admit. The following substantial questions of law arise for consideration in the second appeal:(1) Whether consent of the debtor is required to appropriate the amounts of the debtor in the hands of the creditor towards a time barred debt?(2) Whether on the facts and in the circumstances of the case, the legal principle decided by the Supreme Court of India in Bombay Dying and Manufacturing Co. v. State of Bombay reported in : (1958)ILLJ778SC is applicable to the facts of the case?2. This Court in CMP No. 15879 of 1998 on 25.9.1998 made the following Order:Interim stay subject to the condition that in case the appellant fails, the amount shall be refunded with interest at 12 per cent per annum from the date of the decree.Notice.3. The Counsel on record made elaborate submissions and placed reliance on certain decisions to substantiate their respective stands.4. As can be seen from the submissions made by the Counsel o...

Hakim Arjeena Jabeen Vs. Central Council for Research in Unani Medicin ...

Court: Andhra Pradesh

Reported in: 2007(6)ALD667

ORDERRamesh Ranganathan, J.1. Parts III and IV of the Constitution of India, enable affirmative action by the State in favour of women, especially in matters of education and employment. The insertion of Clause (3) to Article 15, in relation to women, is a recognition of the socio-economic handicaps which they have suffered for centuries resulting in their inability to compete on an equal footing with their male counterparts. It is in order to eliminate this socio-economic backwardness of women, and to empower them in a manner that would bring about effective equality between man and woman, has Clause (3) has been placed in Article 15. Its object is to strengthen and improve the status of women. (Government of Andhra Pradesh v. P.B. Vijaykumar : AIR1995SC1648 ), Article 51 obligates the State to honour international laws and treaty obligations. The Vienna Declaration on elimination of all forms of discrimination against women, 'CEDAW', in its preamble emphasizes that discrimination aga...

Dr. Alluri Venkatapathi Raju and anr. Vs. Amalapuram Municipality

Court: Andhra Pradesh

Reported in: 2008(1)ALD96

P.S. Narayana, J.1. Heard Sri T.V. Jiggi Reddy representing Sri D. Sudershan Reddy, the Counsel for the appellants and Sri S. Nageswar Reddy, the learned Standing Counsel representing the respondent.This Court on 8.11.1996 made the following order:Admit, in view of the substantial questions of law raised in ground Nos. 5 to 7 of the memorandum of second appeal.2. The said grounds 5 to 7, which reads as hereunder:(5) Whether the procedure adopted by the tax revision authority to levy the tax on hypothetical rental basis is in accordance with Section 87 of the A.P. Municipalities Act ?(6) Whether the appellate Court did not commit an error in holding that the tax revision authority followed the procedure in enhancing the tax though there is no material to show that the authority concerned followed the procedure in fixing the rental value and assessing the tax?(7) Whether the tax revision authority followed the procedure prescribed under the AP Municipalities Act in arriving the rental va...

A. Venkata Ravi Kishore Vs. Life Insurance Corporation of India and An ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. M. Shreesha, President (I/c): Oral: 1. Aggrieved by the order in C.D. No. 100 of 2001 on the file of District Forum, Kurnool the complainant preferred this appeal under Section 15 of the Consumer Protection Act. 2. The brief facts as set out in the case are that the father of the complainant A. Venkataiah insured his life with opposite parties under Jeevan Mitra (Double Cover) policy bearing No. 651586815 for an amount of Rs. 1,00,000. The father of the complainant died on 18.4.1999. The complainant being the nominee under the policy submitted the claim along with necessary documents for settlement of the claim but the opposite parties repudiated the claim on 28.8.1999 on the ground of suppression of material facts relating to the health of deceased at the time of taking policy. Hence, this complaint seeking for directions to opposite parties to pay policy amount of Rs. 1,00,000 together with costs of this complaint. 3. Opposite party No. 1 filed counter admitting the issuance and...

Abood BIn Sayeed and ors. Vs. Registrar (Management), High Court of A. ...

Court: Andhra Pradesh

Reported in: 2007(5)ALT1

ORDERL. Narasimha Reddy, J.1. The petitioners were granted licences to run the stalls, to undertake various activities, in the premises of the Court of Chief Metropolitan Sessions Judge, Nampally, Hyderabad. The period of the licences had expired. The second respondent issued notices, dated 03-07-2007, requiring the petitioners to vacate the premises within 15 days. The petitioners challenge the same, alleging that they are all unemployed and solely depending upon the activities undertaken in the stalls being run. It is also stated that apart from providing livelihood to them, the stalls are providing facilities to the Advocates and the litigant public. They plead that their licences deserve to be extended.2. Heard the learned Counsel for the petitioners and the learned Standing Counsel for the High Court.3. It is not in dispute that the period of licences granted to the petitioners had expired. The High Court has taken a policy decision, not to allow any shops in the premises of any C...

Carlton Industrial Engineers Vs. Commercial Tax Officer and anr.

Court: Andhra Pradesh

Reported in: [2007]10STT152; (2007)9VST77(AP)

ORDERBilal Nazki, J.1. Heard learned Counsel for the parties and with their consent, the writ petition is disposed of at this stage.2. The petitioner is aggrieved of an order, dated July 6, 2007 attaching his amounts in various banks. This order, according to him, is a consequence to an order dated June 29, 2007, by which, penalty was imposed on the petitioner. This order of penalty is also challenged in the writ petition. In the order imposing penalty, the petitioner was asked to remit the amounts within one month from the date of service of the order, but within one week of passing of that order, the attachment order was passed. The learned Counsel for the petitioner submits that after an assessment is made or an order of penalty is passed, there is no power with the authorities to pass an order of attachment.3. Attachment can only be made in terms of Section 27(2)(a) of the Andhra Pradesh Value Added Tax Act, 2005 (for short, 'the Act'), which reads as under:Where, during the penden...