Andhra Pradesh Court July 2008 Judgments
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M.V. Ramanamurthy Vs. Ananthapalli Venkata Gopal Rao
Court: Andhra Pradesh
Decided on: Jul-09-2008
Reported in: 2008(5)ALD673
ORDERP.S. Narayana, J.1. In CRP No. 3191/07, this Court ordered notice before admission on 31.7.2007 and granted interim stay and on 18.9.2007 the civil revision petition was admitted. Sri A. Rama Rao entered appearance and filed CRP MP No. 2827/2008 to vacate the interim order. It is also stated by Sri Purushotham, the learned Counsel representing revision petitioner that there is a connected civil revision petition CRP No. 3686/2007 and hence this Court directed CRP No. 3191/ 2007 to appear in the list along with the connected CRP No. 3686/2007. The said civil revision petition CRP No. 3686/2007 was admitted on 20.8.2007.2. CRP No. 3191/2007 is filed against an order made in I.A. No. 199/2007 in O.S. No. 190/2004 on the file of Additional Senior Civil Judge, Srikakulam, wherein the revision petitioner herein - the defendant in the suit filed an application under Section 151 of the Code of Civil Procedure (hereinafter in short referred to as 'the Code' for the purpose of convenience) ...
M.V. Ramanamurty Vs. Ananthapalli Venkata Gopal Rao
Court: Andhra Pradesh
Decided on: Jul-09-2008
Reported in: 2008(6)ALT22
ORDERP.S. Narayana, J.1. In C.R.P. No. 3191/07, this Court ordered notice before admission on 31-7-2007 and granted interim stay and on 18-9-2007 the Civil Revision Petition was admitted. Sri A. Rama Rao entered appearance and filed C.R.P.M.P. No. 2827/2008 to vacate the interim order. It is also stated by Sri Purushotham, the learned Counsel representing revision petitioner that there is a connected Civil Revision Petition C.R.P. No. 3686/2007 and hence this Court directed C.R.P. No. 3191/2007 to appear in the list along with the connected C.R.P. No. 3686/2007. The said Civil Revision Petition C.R.P. No. 3686/2007 was admitted on 20-8-2007.2. C.R.P. No. 3191/2007 is filed against an order made in I.A. No. 199/2007 in O.S. No. 190/2004 on the file of Additional Senior Civil Judge, Srikakulam, wherein the revision petitioner herein the defendant in the suit filed an application under Section 151 of the Code of Civil Procedure (hereinafter in short referred to as 'the Code' for the purpo...
Sri Rama Swamy and Sri Prasanna Visweswaraswami Temple Rep. by the Man ...
Court: Andhra Pradesh
Decided on: Jul-08-2008
Reported in: 2008(5)ALD187; 2008(4)ALT818
V.V.S. Rao, J.1. Sri Rama Swamy & Sri Prasanna Visweswaraswami Temple, Potegunta, Rapur Taluk, Nellore District, is the appellant. The respondents' suit, being O.S. No. 42 of 1980, on the file of the Court of the Subordinate Judge, Gudur, for declaration, possession and future mesne profits was decreed on 31.12.1982. Therefore, the present appeal is filed by the defendant temple.2. The suit schedule properties are agricultural dry lands admeasuring Acs.16.91 cents comprised in Survey Nos. 391, 392, 135, 164, 168 and 109 situated at Potegunta Village of Rapur Taluk in Nellore District. Plaintiffs alleged that they belong to Barber community, rendering bhajantri service (tom-tom) in the defendant temple. Their ancestors were granted the inam in respect of suit schedule properties. After their demise, plaintiffs are in possession and enjoyment of the property till 1969. The Inam Register and Village Revenue Records also show their names as occupants. The inam was granted by the Zamindar o...
Motor Car Beedi Factory Rep. by Its Proprietor S. Lakshmikantha Reddy ...
Court: Andhra Pradesh
Decided on: Jul-08-2008
Reported in: 2009(2)ALT50; [2009(121)FLR449]; (2009)ILLJ723AP
ORDERL. Narasimha Reddy, J.1. In this batch of Writ Petitions, common question arises for consideration. Hence, the batch is disposed of by a common order.2. The petitioner is a Beedi Factory, which was established about four decades ago. It was closed in the year 2005, after the permission from the concerned authorities was obtained. The licence obtained from the Central Excise Authorities was also surrendered. According to the petitioner, there were 32 employees on its rolls and at the time of closure, their claims were settled.3. About 150 workers-claimants, who individually figured as respondent No. 2, in these writ petitions, have approached the Controlling Authority under the Payment of Gratuity Act, 1972 (for short 'the Act') the first respondent, by filing applications under Section 4(1) of the Act. They pleaded that though they rendered service for decades together in the petitioner factory, till the date of closure, they have not been paid any gratuity and prayed for a direct...
Kadakanaka Subrahmanyacharyulu Vs. Peruri Ramalingeswara Rao and ors.
Court: Andhra Pradesh
Decided on: Jul-08-2008
Reported in: 2008(5)ALD779
P.S. Narayana, J.1. Heard Sri Ashok Anand Kumar, the learned Counsel representing Sri Krishna Murthy Nayani, Counsel for appellant/defendant and Sri CCS. Sastry, learned Counsel for the respondents/plaintiffs.2.On 20.2.1996, this Court made the following order:Admit. The substantial questions of law to be decided in die Appeal are raised in Ground Nos.5, 6 and 8 of Additional Memorandum of Grounds of Appeal.The said Grounds read as hereunder:The learned Additional District Judge should have seen that absence of the description of the joint wall in the defendant's sale deed does not take away the right acquired by use of joint wall which could be conclusively deduced from the Commissioner's report.The lower appellate Court ought to have seen that no injunction can be granted when there is no interference as found by the Commissioner.The lower appellate Court should have seen that even assuming that there was a drain and that it was removed by the defendant no relief could be granted wit...
M. Rasaghnya Chowdary Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jul-07-2008
Reported in: 2008(6)ALD93; 2008(6)ALT91
ORDERB. Seshasayana Reddy, J.1. This writ petition has been filed by M. Rasaghnya Chowdary with a prayer to issue a Writ of Mandamus declaring the action of Dr. NTR University of Health Sciences, Vijayawada in not properly evaluating her answer scripts in respect of examination of 1st year MBBS course in two subjects; viz., Anatomy and Physiology held in March 2008 as illegal, arbitrary and violative of Article 226 of the Constitution of India.2. The petitioner joined in 1st year MBBS course in the month of August 2005 in S.V. Medical College, Tirupati, Chittoor. She wrote 1st year examinations in the month of September, 2006 in two subjects, i.e. Biochemistry and Anatomy and could not write examination in one subject i.e. Physiology. The results were declared in the month of December, 2006 and she was declared as failed in both the subjects i.e. Biochemistry and Anatomy with 2 and 26 marks respectively. She applied for re-totalling by paying the requisite fee. She was allowed to parti...
P. Pullaiah and ors. Vs. State of A.P. and ors.
Court: Andhra Pradesh
Decided on: Jul-07-2008
Reported in: 2008(5)ALD365; 2008(5)ALT387
ORDERB. Seshasayana Reddy, J.1. This writ petition has been filed by the petitioners, who are 107 in number, with a prayer to issue a writ of mandamus declaring the action of the respondents in fixing non-refundable deposit (goodwill) of Rs. 1,00,000/- from retail vegetable vendors and Rs. 1,50,000/- from wholesale dealers for allotment of shops in the newly constructed agricultural market complex and also fixing the lease amount of Rs. 3,000/- for retail vegetable vendors and Rs. 5,000/- for wholesale dealers pursuant to the council resolution dated 30.1.2008 in Cr. No. 1030 of Ongole Municipality-3rd respondent as arbitrary, illegal and violative of Articles 14, 19(1)(g) of the Constitution of India. The further relief sought for in the writ petition is to direct the respondents to allot the shops to the petitioners in the newly constructed agricultural market complex.2. P. Pullaiah has sworn to the affidavit filed in support of the writ petition. Writ affidavit, in brief, is: The pe...
National Insurance Co. Ltd. Vs. Tatoji Varalaxmi and ors.
Court: Andhra Pradesh
Decided on: Jul-07-2008
Reported in: 2008(5)ALD442
ORDERC.Y. Somayajulu, J.1. Respondents 1 to 6 who are the legal representatives of Yadagiri (the deceased) filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (the Act) seeking compensation of Rs. 3,00,000/- from the 7th respondent and the appellant alleging that on 18.2.1996 when the deceased was proceeding on his scooter, a van belonging to the 7th respondent and insured with the appellant, being driven in a rash and negligent manner, dashed against the scooter being driven by the deceased resulting in the death of the deceased who was earning Rs. 4,000/- per month as goldsmith. Seventh respondent chose to remain ex parte. Appellant filed its counter inter alia contending that it is not liable to pay any compensation inasmuch as the driver of the offending vehicle was not having a valid driving licence.2. On their behalf respondents 1 to 6 examined two witnesses as PWs. 1 and 2 and marked Exs. A. 1 to A. 4. One witness was examined as RW. 1 on behalf of the appel...
G. Venkata Rao Vs. Depot Manager, Apsrtc and anr.
Court: Andhra Pradesh
Decided on: Jul-07-2008
Reported in: 2008(5)ALD439; 2008(6)ALT25
ORDERL. Narasimha Reddy, J.1. The petitioner was appointed as a Driver on contract basis on 28.4.2007. On 1.5.2007, he was assigned the duty of driving a bus on the route from Visakhapatnam to Saluru. An accident took place, leading to damage to the bus and minor injuries to a passenger. The 1st respondent issued a notice, dated 28.5.2007, stating that the reports of the Senior Traffic Inspector and the Joint Accident Committee revealed that the accident occurred, on account of the negligence on the part of the petitioner. He was required to submit explanation, within seven days, as to why disciplinary action of termination from service shall not be taken against him. On receipt of the notice, the petitioner submitted a representation on the same day, requesting the 1st respondent to furnish the copies of the reports of Senior Traffic Inspector and Joint Accident Committee, so as to enable him to submit detailed explanation. On the next day i.e., 29.5.2007, the Depot Manager, 1st respo...
K. Devender Vs. Chief General Manager, (Edu)/Secretary, Singareni Coll ...
Court: Andhra Pradesh
Decided on: Jul-07-2008
Reported in: 2008(5)ALT555
ORDERL. Narasimha Reddy, J.1. The petitioner was initially appointed as a Secondary Grade Teacher by Singareni Collieries Educational Society in the year 1981 in a High School at Madaram. Thereafter, he was promoted as Trained Graduate Teacher on 15.04.1992 and worked in the High School of the Society at Kalyanikhani, Ramakrishnapur up to July 2001. From there, he was transferred to the High School at Yellandu. Out of several institutions being run by the society, seven are admitted to grant-in-aid. The services of the petitioner were regularized against an aided vacancy. The first respondent transferred the sixth respondent herein from an unaided Upper Primary School to an aided High School at Yellandu. The petitioner feels aggrieved by the same.2. The petitioner contends that the sixth respondent, who is an unaided teacher, cannot be transferred to an aided institution, much less he can be made as an in-charge Head Master of the institution. Placing reliance upon the instructions iss...
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