Andhra Pradesh Court March 2008 Judgments
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G. Ravi Kumar S/O. Late G. Narasaiah, Judicial Magistrate First Class, ...
Court: Andhra Pradesh
Decided on: Mar-19-2008
Reported in: 2008(3)ALD624; 2008(3)ALT662
ORDER1. An important question having significance in the field of education and public employment falls for consideration in this writ petition. Whether a person, who obtains Bachelor's Degree from an Open University established under an Act of competent Legislature, is eligible for being considered for appointment/promotion to a post even when such person does not possess any Pre Degree qualification like Secondary School Certificate and/or Intermediate?2. The fact of the matter is not much in dispute. Petitioner is an Attender in Andhra Pradesh Last Grade Service working in the Unit of District Court, Nalgonda. By the date of appointment in 1988, he had passed 10th class. Subsequently he also obtained Bachelor of Arts (B.A.,) Degree in 1992 and taking this into consideration, he was promoted to the post of Copyist in February 1993. Post of Copyist is regulated by Andhra Pradesh Judicial Ministerial Service Rules, 2003 (APJMS Rules). In November 2001, petitioner was promoted to the po...
N. Ravindra Murthy S/O. Sri N. Rama Murthy Vs. Shri Veerabhadra Swamy ...
Court: Andhra Pradesh
Decided on: Mar-19-2008
Reported in: 2008(3)ALD372; 2008(3)ALT287; (2008)IIILLJ712AP
ORDERV.V.S. Rao, J.Introduction1. These cases involve question of power of Commissioner, Deputy Commissioner and/or Assistant Commissioner of Department of Endowments (Department Officers) to suspend a temple employee discharging functions of executive officer (hereafter called, person-in-management (PIM)). Liability of a religious institution The term 'religious institution' is used in this Judgment so as to include all Hindu Religious, and Charitable Institutions and Endowments. or temple to pay the salary of PIM who on transfer works in other temple is also another core issue. The reference made by Division Bench disagreeing with the view of another Division Bench in an unreported decision in W.P. No. 5736 of 2005 wherein it was held that a PIM shall be deemed to be an employee of Government of Andhra Pradesh (GoAP). The referring bench prima facie opined that in the absence of legislative fiction, temple employees discharging functions of EO cannot be deemed to be employees of Gove...
Garapati Radha and ors. Vs. Commissioner, Vijayawada Municipal Corpora ...
Court: Andhra Pradesh
Decided on: Mar-19-2008
Reported in: 2008(5)ALD226; 2008(3)ALT38
ORDERC.V. Nagarjuna Reddy, J.1. Since the issues involved in both these writ petitions are common, they were heard together and being disposed of by a common order.2. For convenience, the parties are referred to as they are arrayed in WP. No. 10781 of 2000.3. Petitioner Nos. 1 and 2 entered into a development agreement with respondent Nos. 2 and 3 for construction of a residential complex on an extent of 800 square yards situated at Gopalakrishnaiah Street, Governorpet, Vijayawada, belonging to respondent Nos. 2 and 3. They agreed to share the built up area in the ratio of 60: 40 between themselves and respondent Nos.2 and 3 respectively. As constructions were made in deviation of the sanctioned plan, an application for regularization of the deviations was made. While Form-A was submitted on 31.08.1998, Form-B was submitted on 28.10.1998 in the name of respondent No. 2 by petitioner No. 3 under Building Regulation Scheme as notified under G.O. Ms. No. 419, M.A. dated 30.07.1998. Respon...
F.G.P. Limited Vs. the Presiding Officer, Labour Court-iii and anr.
Court: Andhra Pradesh
Decided on: Mar-18-2008
Reported in: 2008(4)ALD270; 2008(4)ALT478; 2008BusLR535; [2008(118)FLR926]; (2008)IIILLJ922AP
ORDERL. Narasimha Reddy, J.1. While legislating the Industrial Disputes Act (for short 'the Act'), Parliament did make an effort to balance the weakness and disadvantage of an employee, vis--vis the strength and advantage of an employer in an industrial dispute. One after the other, the precedents also translated the letter and spirit of relevant provisions of the Act, into reality. Experience, however, shows that given the determination of a strong employer, the life of an employee can be made miserable. This writ petition provides an example. 2. The 2nd respondent was employed in a factory, which was taken over by the petitioner. Disciplinary proceedings were initiated against the 2nd respondent, through a charge sheet, dated 3.9.1988. The first charge was that he was reading newspapers and magazines during working hours. The second charge is that he is liable for disciplinary action for drunkenness and disorderly behaviour. Another charge sheet was issued, alleging that he left the ...
Walnut Packaging Private Limited Vs. the Sirpur Paper Mills Limited an ...
Court: Andhra Pradesh
Decided on: Mar-18-2008
Reported in: [2008]144CompCas454(AP); (2008)4CompLJ360(AP); [2009]90SCL39(AP)
ORDERV.V.S. Rao, J.1. Petitioner (hereafter called, Walnut) is a private limited company running a small scale industry. Its core business is manufacturing and marketing pre- printed cartons of paper board and notebooks. It also provides customised services to other enterprises. Second respondent (hereafter called, subsidiary company) is a public company set up for manufacturing and marketing of various educational, commercial, computer stationery products. First respondent (hereafter called, holding company) is a public limited company engaged in the business of manufacturing and marketing of pulp and paper of all kinds, paper articles and pulp material. Second respondent is wholly owned subsidiary of first respondent. During the period from 31.1.2001 to 29.5.2001, Walnut statedly processed products of subsidiary and raised invoices for an amount of Rs. 4,80,951/- towards processing/service charges. The business deal consists of subsidiary supplying material and Walnut processing mate...
incable Net (Andhra) Limited and ors. Vs. Apaksh Broadband Ltd. and or ...
Court: Andhra Pradesh
Decided on: Mar-18-2008
Reported in: [2008]142CompCas892(AP)
V.V.S. Rao, J.1. The appellants herein (hereafter 'the petitioners') filed company petition being C. P. No. 69 of 2006, before the Company Law Board (CLB), Additional Principal Bench, Chennai. It was under Sections 397, 398, 402 and 403 of the Companies Act, 1956, (the 'Act', for brevity) alleging mismanagement and oppression by the majority shareholders of the first respondent-company. They prayed for various reliefs including reconstitution of board of directors of first respondent. By an order, dated December 17, 2007, Incable Net (Andhra) Ltd. v. Apaksh Broadband Ltd. [2008] 142 Comp Cas 860 the learned Company Law Board disposed of company petition declining to grant reliefs to the petitioners. Against the said order, present company appeal is filed under Section 10F of the Act.2. The short fact of the matter may be noticed for better appreciation of the submissions of the counsel. First respondent M/s. APAKSH Broadband Limited ('APAKSH', for brevity) is a company registered under...
Const. C. Mohan Vs. Union of India (Uoi) Through Its Secretary, Minist ...
Court: Andhra Pradesh
Decided on: Mar-17-2008
Reported in: 2008(3)ALD719; 2008(3)ALT220
ORDERL. Narasimha Reddy, J.1. The petitioner joined the Border Security Force as a Constable, in or about the year 1988. After completion of the training, he was deployed on the Indo-Pak Border at Komalpur in the year 1990. He served at various places, and by the year 2002, he was posted at Kutch/Bhuj on the Indo-Pak Border.In September 2002, the petitioner came to his native place, Sree Kalahasti, on long leave. He did not report to duties, thereafter, on the ground that he suffered ill-health. In the year 2007, he made representation to the respondents, to permit him to join duty, stating that he regained health. When he was not taken into service, the petitioner got notices issued, through an Advocate, and thereafter, filed Writ Petition (C) No. 9316 of 2007, in the High Court of Delhi. The writ petition was dismissed, through order dated 14.12.2007, on the ground that the High Court did not have the territorial jurisdiction. Hence, this writ petition.2. It is pleaded that the petit...
A. Sarojamma Vs. A. Parvath Reddy (Died) Rep. by His L.Rs.
Court: Andhra Pradesh
Decided on: Mar-14-2008
Reported in: 2008(4)ALD658; 2008(4)ALT431
ORDERL. Narasimha Reddy, J.1. The petitioner prays for a writ of certiorari, to call for the records connected with the orders, dated 14.11.1994, 7.10.1995 and 12.11.1997, passed by respondent Nos. 4, 3 and 2, respectively, and to quash the same, as being illegal, arbitrary, without jurisdiction, and contrary to the provisions of A.P. Record of Rights Act, 1971.2. The 1st petitioner is the wife and 2nd petitioner is the son of late Kishta Reddy. The 1st respondent, Parvath Reddy, and Kishta Reddy are said to be brothers. Kishta Reddy died, leaving behind him, the petitioners as his legal representatives. The family held vast extents of agricultural lands, and a partition is said to have taken place between the brothers. 3. The 1st respondent filed an application before the Mandal Revenue Officer, Balrmoor Mandal, the 4th respondent herein, with a prayer to validate an unregistered deed of partition, dated 14.2.1968, in respect of an extent of Acs.7-00 in Sy. No. 27 of Balamoor village....
The Andhra Pradesh State Road Transport Corporation Rep. by Its Managi ...
Court: Andhra Pradesh
Decided on: Mar-14-2008
Reported in: 2008(3)ALD511; 2008(3)ALT5; [2008(118)FLR158]
Anil R. Dave, C.J.1. Being aggrieved by the order dated 23.01.2008 passed by the learned Single Judge in Writ Petition No. 24641 of 2006, the appellants have filed this appeal. By virtue of the impugned order, the learned Single Judge has directed the appellants - original respondents to appoint the respondents - original petitioners as Conductors Grade-II, in pursuance of the proceedings dated 10.05.2002.2. The facts giving rise to the present litigation, in a nutshell, are as under:The present respondents are the dependants of the deceased employees of the appellant Corporation, who had died in harness. As per the Scheme known as 'Bread Winner Scheme', which was in force in the past, the respondents were eligible to be appointed as Conductors by the appellant employer. Before the respondents could be appointed as Conductors under the aforestated Scheme, the Government of Andhra Pradesh, which has administrative control over the appellant employer, had dispensed with/modified the Sche...
Ch. Naganna Vs. Mohd. Yousuf and anr.
Court: Andhra Pradesh
Decided on: Mar-14-2008
Reported in: 2009ACJ2333; 2008(3)ALD553
P.S. Narayana, J.1. The Civil Miscellaneous Appeal is filed by the claimant being aggrieved of the quantum of compensation fixed by the Motor Accidents Claims Tribunal-cumAdditional District Judge, Nizamabad in O.P. No. 346 of 1995 at Rs. 30,000/- with proportionate costs and interest on the ground that the same is unjust and unreasonable.2. The appellant-claimant filed the abovesaid O.P. on the file of Motor Accidents Claims Tribunal-cum-Additional District Judge, Nizamabad, hereinafter in short referred to as Tribunal for the purpose convenience, claiming compensation of Rs. 1,50,000/- for the injuries and fractures sustained by him in a motor vehicle accident on 20.2.1995.3. The learned Counsel for the appellant-claimant had taken this Court through the findings, which had been recorded, and would maintain that in the facts and circumstances of the case the quantum of compensation awarded being unjust and unreasonable, the same to be enhanced.4. On the contrary, the learned Counsel ...
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