Andhra Pradesh Court July 2008 Judgments

Baloji Badhavath and ors. Vs. Government of Andhra Pradesh Rep. by Its ... Overruled

Court: Andhra Pradesh

Reported in: 2009(1)ALT15

ORDERGhulam Mohammed, J.1. This Writ Petition has been filed challenging the paragraph 2 of the Annexure II appended to G.O.Ms. No. 570, dated 31-12-1997, and para 1 of Annexure-II of Notification No. 31 of 2007 dated 27-12-2007 to the extent that' the Number of candidates to be admitted to the written examination (Conventional Type) would be 50 times to the total number of vacancies available at the material time irrespective of communities', as illegal, unjust, and violative of Articles 14, 16(4), 21 and 335 of the Constitution of India with particular reference to Regulation 14-A and also contrary to Rule 4 of the APPSC Rules, and to set aside the order of the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A. No. 4716 of 2008 dated 4-7-2008.2. The 2nd respondent-Andhra Pradesh Public Service Commission, Hyderabad (for short 'APPSC'), vide notification No. 31 of 2007 dated 27-12-2007 notified 196 vacancies in various cadres of Group-I services and invited applications from th...

Prakash M.V.S.S. and ors. Vs. National Ship Design and Research Centre

Court: Andhra Pradesh

Reported in: (2009)ILLJ96AP

ORDERL. Narasimha Reddy, J.1. The petitioners were initially appointed as Draughtsmen in the respondent-organization for a period of five years under a contract, dated January 3,1998. Much before the expiry of the term of five years, the respondent issued fresh orders of contractual appointment, dated October 1, 2001. In this contract, no tenure, as such, was fixed. However a clause was incorporated to the effect that it can be brought to an end by either party to it, by giving notice of three months. Invoking the said clause, the respondents addressed individual letters, dated March 2, 2007, informing the petitioners that after carefully evaluating the organizational needs and financial position and works on hand, it has been decided to terminate their services, by issuing a notice of three months. This writ petition is filed against the individual communications issued to the petitioners.2. Petitioners contend that the action of the respondents is in clear violation of Section 25F of...

K. Ganna Reddy S/O K. Ramakrishna Reddy Vs. the Government of Andhra P ...

Court: Andhra Pradesh

Reported in: 2008(5)ALD485; 2008(5)ALT214

ORDERRamesh Ranganathan, J.1. The Appellant has preferred this appeal aggrieved by the order passed in W.P. No. 22038 of 2007 dated 6.12.2007 whereby the petitioner's request, that the order of the 1st respondent in G.O.Rt. No. 1284 dated 6.10.2007 be quashed, was rejected. The appellant herein was appointed as the Chairman of the A.P. Agricultural Market Committee, Suryapet on 18.11.2005. On his being removed from office, by order of the 1st respondent in G.O.Rt. No. 1284 dated 6.10.2007, the appellant invoked the jurisdiction of this Court under Article 226 of the Constitution of India. He contended before this Court that the 6th respondent was his political rival, that both of them were in the fray for appointment as Chairman of the Agricultural Market Committee, Surypet, that the 6th respondent bore a grudge against him and lodged a complaint on 4.10.2006 alleging 11 irregularities against him, that the complaint was forwarded to the 2nd respondent for initiation of action, that th...

New India Assurance Company Ltd. and Another Vs. D. Usha Rani (Dead) R ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

D. Appa Rao, President: 1. Heard the learned Counsel for the appellants on the delay excuse petition as well as on the appeal. Having heard the learned Counsel and on perusing the record, we are of the opinion that this matter can be disposed of at the stage of admission. This is an appeal preferred by the opposite parties against the order of the District Consumer Forum-1, Hyderabad, dated 2.11.2007 in C.C. No. 145 of 2006 in directing them to pay Rs. 49,804 together with interest at 12% per annum from 1.4.2005 till the date of realization and costs of Rs. 2,000. 2. The case of the complainant in brief is that his wife, D. Usha Rani had taken a Mediclaim policy for the year 2000-2001 mentioning that she had a pre-existing disease of diabetes. Despite the fact that she mentioned that she was suffering from diabetes, the Insurance Company had issued the said policy for Rs. 1,00,000. While so, when she was unwell she approached Global Hospital at Hyderabad, where the consultant opined th...

Janga Mariamma W/O Ashalu Vs. the Revenue Divisional Officer and Sub-d ...

Court: Andhra Pradesh

Reported in: 2008(2)ALD(Cri)365; 2008CriLJ4500

ORDERG. Yethirajulu, J.1. The petitioner is 2nd Party in Case No. D/1045 of 2005 under Section 145 of the Criminal Procedure Code (for short 'Cr.P.C') before the Revenue Divisional Officer and Sub-Divisional Magistrate, Mancherial, Adilabad District.2. The Sub-Divisional Magistrate passed an order dated 31.3.2008 under Section 145 Cr.P.C restraining both parties from entering into the land till the dispute is settled. Being aggrieved by the said order, the petitioner approached this Court by contending that he was not given any opportunity of being heard by the Sub-Divisional Magistrate before passing the order. No opportunity was afforded to the petitioner to put forward his contentions and the documents filed by the petitioner were also not taken into consideration, and the Sub-Divisional Magistrate did not mention about the contentions raised by the petitioner, and hence the order passed by the learned Sub-Divisional Magistrate is not in accordance with the procedure prescribed unde...

Vorion Chemicals and Distilleries Limited Rep. by Its General Manager, ...

Court: Andhra Pradesh

Reported in: (2009)19VST5(AP)

ORDERRamesh Ranganathan, J.1. These appeals are preferred by the dealer against the order of the Commissioner, Commercial Taxes, dated 27.02.1999 revising the order of the Appellate Deputy Commissioner (CT), Kurnool.2. It would suffice, for the purpose of all these appeals, if the facts in Special Appeal No. 7 of 1999 are noted. The appellant, a registered dealer under the A.P.G.S.T. Act, was engaged in the manufacture and sale of liquor and beer. For the assessment years 1981-82 to 1985-86 it claimed different treatment for bottles, cartons and other packing material not at the rate of tax payable on liquor and beer. The appeals preferred by the assessee were allowed by the Sales Tax Appellate Tribunal in T.A. No. 611 of 1990 and batch. In its order dated 09.09.1993, the Tribunal held that cartons were taxable under Entry 19 of the first Schedule and that other packing material were taxable as general goods. According to the appellant, the order of the Tribunal for these assessment ye...

K. Sai Tejeswani Being Minor Rep. by Her Father and Best Friend, Dr. K ...

Court: Andhra Pradesh

Reported in: 2008(5)ALT536

ORDERB. Seshasayana Reddy, J.1. In these two Writ Petitions the validity of final key in respect of certain questions in EAMCET 2008 examination held on 8.5.2008 are assailed. More precisely the validity of final key answers in respect of question Nos. 53, 88, 89, 98, 104, 114 and 160 are questioned in W.P. No. 11957 of 2008 whereas key answer to question No. 160 is questioned in W.P. No. 12212 of 2008. Since the core issue involved in these two writ petitions is one and the same they are taken up together for decision.2. The entrance test for admission into medical and engineering colleges was held in the State of Andhra Pradesh on 8.5.2008.The petitioner in W.P. No. 11957 of 2008 and the 1st petitioner in W.P. No. 12212 of 2008 sought admission into MBBS course. The initial key was published on 11.5.2008. The objections to the initial key were called for by 18.5.2008. Subject experts met on 20.5.2008. Final key prepared by the subject experts came to be approved on 23.5.2008 and the ...

Kasturi Venkata Subbaiah and ors. Vs. Veerapareddy Yasodamma

Court: Andhra Pradesh

Reported in: 2008(6)ALD90

ORDERG. Rohini, J.1. This civil revision petition is directed against the order dated 10.4.2008 in LA. No. 454 of 2002 in LA. No. 379 of 2002 in O.S. No. 66 of 2002 on the file of the Court of the Senior Civil Judge, Rajampet.2. The revision petitioners are the defendants in the suit filed by the respondent herein for specific performance of agreement of sale in respect of the suit schedule properties. Along with the suit, the plaintiff/ respondent herein filed IA No. 379 of 2002 for grant of temporary injunction restraining the defendants/revision petitioners from interfering with the suit schedule property. The Court below granted ad interim injunction on 9.10.2002. The defendants/ revision petitioners filed their counters contesting the said application for temporary injunction.3. While IA No. 379 of 2002 for temporary injunction was yet to be heard, the plaintiff/respondent herein filed another application being LA. No. 454 of 2002 on 28.11.2002 for grant of police aid for implemen...

Kotte Rajam Vs. Singareni Collieries Company Ltd. and ors.

Court: Andhra Pradesh

Reported in: 2008(6)ALD668

ORDERL. Narasimha Reddy, J.1. The petitioner joined the service of Singareni Collieries Company Limited on 28.5.1976 as Badili Filler. Since he was an illiterate, he was subjected to medical examination in the context of assessment of his age. In all his service records, such as, B-Register, Service Book and Identity Card, it was mentioned that his age is 25 years, as on 28.5.1976. On that basis, the petitioner is entitled to remain in service upto 27.5.2011.2. The petitioner submitted an application under Voluntary Retirement Scheme (V.R.S.). While processing it, the respondents asked the petitioner to stop coming to the work. According to them, the medical examination report prepared in the year 1976 discloses that his age is 28 years and by mistake, it was mentioned in various service records as 25 years. The respondents also sought to subject the petitioner to medical examination for reassessment of the age. This writ petition is filed assailing the action of the respondents in res...

The Regional Director, E.S.i. Corporation Vs. K. Eswar Rao and Three o ...

Court: Andhra Pradesh

Reported in: 2008(5)ALD690; 2008(6)ALT413; [2008(119)FLR991]; (2009)ILLJ703AP

G. Bhavani Prasad, J.1. These three appeals present almost an identical fact situation and a common legal question, due to which they are being heard and decided together. The learned Counsel for both parties advanced their arguments extensively.2. In all the three appeals, the appellant is the Employees' State Insurance Corporation represented by its Regional Director, while the respondents are the employee, Medical Appeal Tribunal and Medical Board represented respectively by their Chairmen, and the Management of Nellimarla Jute Mills. In each of these cases, the employee working in Nellimarla Jute Mills covered by the Employees' State Insurance Act, 1948 (for brevity 'the Act'), sustained an injury during the course of his employment. After treatment at E.S.I. Dispensary at Nellimarla and thereafter at E.S.I. hospital at Visakhapatnam, the employee was assessed by the Medical Board, E.S.I. hospital, Sanathnagar, Hyderabad to have sustained the specified percentage of loss of earning...