Andhra Pradesh Court August 2008 Judgments
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G. Gayathri and anr. Vs. M. Bhagyalakshmi and ors.
Court: Andhra Pradesh
Decided on: Aug-28-2008
Reported in: 2009(6)ALT91
ORDERN.V. Ramana, J.1. This C.R.P. is directed against the order dated 31-1-2008, passed by the Principal Senior Civil Judge, Ananthapur, dismissing the application in I.A. No. 525 of 2007 in O.S. No. 9 of 1999, filed by the petitioners, and refusing to permit the 2nd petitioner to give evidence on behalf of the 1st petitioner.2. The learned Counsel for the petitioners submitted that since the 2nd petitioner is conversant with the facts of the case, the Court below ought to have allowed the application filed by the petitioners and permitted the 2nd petitioner to give evidence on behalf of the 1st petitioner, and therefore, the order passed by the Court below, refusing to permit the 2nd petitioner to give evidence on behalf of the 1st petitioner, has to be set aside. In support of this argument, he placed reliance on the judgment of this Court in Jaldu Visveswara Rao and Ors. v. Mandala Dhana Lakshmi : 2007 (1) ALD 80 : 2007 (4) ALT 703.3. Having heard the learned Counsel for the petiti...
Kalpuri Ellamma and anr. Vs. Nellutla Venkata Lakshmi
Court: Andhra Pradesh
Decided on: Aug-27-2008
Reported in: 2008(6)ALD180; 2009(1)ALT515
ORDERL. Narasimha Reddy, J. 1. The respondent filed OS No. 455 of 1985 in the Court of Principal Junior Civil Judge, Warangal, against one Sri Rajamallu, for the relief of perpetual injunction, in respect of the suit schedule property. The suit was decreed on 14.10.1996. Aggrieved thereby, the sole defendant filed A.S. No. 71 of 1996 in the Court of District Judge, Warangal. The appeal was dismissed as abated, since Rajamallu died on 2.9.1998 during the pendency of the appeal. The petitioners herein viz., the wife and the daughter of Rajamallu, filed IA No. 144 of 2003 before the District Court, under Section 5 of the Limitation Act, to condone the delay of 1440 days in presenting the application to set aside the order of dismissal of the appeal. The application was dismissed on 19.12.2003 and CRP No. 4108 of 2004 filed against it was also dismissed on 7.10.2004.2. The respondent filed EP. No. 1087 of 2002 alleging that the petitioners obstructed the construction of compound wall aroun...
Andhra Law Times Vs. Senior Superintendent of Post Offices, Hyderabad ...
Court: Andhra Pradesh
Decided on: Aug-27-2008
Reported in: 2009(1)ALT418
ORDERV. Eswaraiah, J.1. Petitioner is a publisher of Andhra Law Times (Fortnightly), Andhra Law Times (Criminal), Andhra Law Times (Revenue) and Andhra Law Times (Legislative Supplement) and that he has been publishing Andhra Law Times (ALT) journals since 1954 onwards. The Journals contain reports of recent decisions of the Honourable Supreme Court of India, Honourable High Court of Andhra Pradesh and various other Courts and also contain statutes, rules and regulations passed by competent legislatures and other bodies and various articles written by eminent people of various files (sic. fields), which are of public importance. The Journals are registered under the Press and Registration of Book Act, 1867 and accordingly, the Registrar of Newspapers for India has issued a certificate of registration.2. Petitioner submits that the journals/law reports were treated as newspapers and the registration licence was given by extending the benefit of concessional rate of postage. The responde...
P.S. Reddy and ors. Vs. Andhra Pradesh State Road Transport Corporatio ...
Court: Andhra Pradesh
Decided on: Aug-26-2008
Reported in: 2008(5)ALD742
ORDERL. Narasimha Reddy, J.1. The petitioners herein are working as Drivers in the Siddipet Depot of A.P.S.R.T.C. They have been posted to that Depot, in the recent past. Through the impugned order, dated 21.7.2008, the Regional Manager, Mediak, at Sanga Reddy, the 2nd respondent herein, transferred them to various places, including Zaheerabad, and Narayankhed, within the same region. They feel aggrieved by the said transfer.2. Petitioners contend that the 2nd respondent had transferred them to far off places, even while retaining the long standing Drivers, at Siddipet, and accommodating the requests of Drivers, from other places, for being posted at Siddipet.Respondents filed counter-affidavit, stating inter alia that the necessity to transfer the petitioners arose, on account of their making over certain services and routes from Siddipet to Dubbak Depot It is also stated that, some of the employees have made requests for transferring them to Siddipet, and the junior-most employees, i...
Mekala Thimmaraju and ors. Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Aug-26-2008
Reported in: 2008(5)ALD726; 2008(6)ALT791
ORDERC.V. Nagarjuna Reddy, J.This batch of writ petitions, which are identical in nature, are heard together and being disposed of at the admission stage after hearing the learned Counsel for the petitioners in the respective writ petitions and the learned Government Pleader for Civil Supplies.2. The petitioners claim to be the farmers of different villages in Kurnool and Prakasam Districts. They have felt aggrieved by the separate orders passed by the District Collectors (Civil Supplies) of Kurnool and Prakasam Districts, whereby they directed huge quantities of red gram seized from warehouses to be distributed through public distribution system and remit the sale proceedings (sic proceeds) before them.3. The sheet anchor of the petitioners' case is that there is strong evidence to show that they are agriculturists owning the agricultural lands and that the seized stocks stored in the warehouses belong to them and therefore there is no justification for the respective District Collect...
Syed Ghouse @ Babu S/O Syed Ahmed Vs. the State of Andhra Pradesh Thro ...
Court: Andhra Pradesh
Decided on: Aug-26-2008
Reported in: 2008(2)ALD(Cri)563; 2008(3)ALT(Cri)155; 2009CriLJ311
D.S.R. Varma, J.1. Heard Sri S.R.Sanku, learned Counsel appearing for the appellant-accused as well as the learned Public Prosecutor, appearing for the respondent-State.2. Appellant is the sole accused in the Sessions Case.3. This Criminal Appeal, by the accused, under Section 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment, dated 15-09-2005, in Sessions Case No. 326 of 2004, passed by the III Additional District and Sessions Judge (Fast Track Court), Nizamabad, convicting the accused for the offence punishable under Section 376(2)(f) of the Indian Penal Code (for brevity 'I.P.C.) and sentencing Him to undergo life imprisonment and to pay a fine of Rs. 5,000/-, in default to undergo simple imprisonment for six months.4. The brief facts that are necessary for disposal of the appeal, as per the case of the prosecution, are as follows:P.W. 1 is the wife of the accused and P.W.3-the victim girl is their daughter. The family of the accused resides at Vattapa...
Badiga Sri Lakshminarayana S/O Chalapathi Rao, Jai Sri Hanuman Wines V ...
Court: Andhra Pradesh
Decided on: Aug-26-2008
Reported in: 2009(1)ALT228
ORDERGoda Raghuram, J.1. The Writ Petition is misconceived, is speculative and has no legal foundation.2. The petitioner assails the grant of a Form 2B licence under the provisions of the Andhra Pradesh Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules, 2005 (for short 'the Bar Rules 2005').3. The syllogism of the petitioner's grievance runs as under.4. The petitioner was granted a licence to sell liquor by shop under the provisions of the Andhra Pradesh Excise (Lease of Right of Selling by Shop and Conditions of Licences) Rules, 2005 (for short 'the Shop Rules 2005') for the period 1.7.2008 to 30.6.2010. In the notification that led to the grant of a Form A-4 licence to the petitioner, the petitioner was not sensitized to the possibility of a bar and restaurant licence being granted in future in the vicinity of the petitioner's premises. The petitioner nurtured a hope that there would be no competition for the vending of liquor by shop from a bar and restaura...
K. Krishna Murthy and anr. Vs. National Insurance Co. Ltd. and ors.
Court: Andhra Pradesh
Decided on: Aug-26-2008
Reported in: 2008(6)ALD382
ORDERL. Narasimha Reddy, J.1. The petitioners are the employees of National Insurance Company Limited, 1st respondent herein. Disciplinary proceedings were initiated against them, by issuing a charge-sheet, dated 8.5.2008. The petitioners denied the allegations against them. Not being satisfied with the explanation, the disciplinary authority appointed the 3rd respondent as Enquiry Officer.2. In the course of domestic enquiry, the petitioners submitted a representation, dated 31.7.2008, with a prayer (a) to permit them to avail the services of Sri Y. Sudhakar Rao, Senior Assistant, Oriental Insurance Company Limited, Hyderabad, as Defence Assistant; and (b) to change the enquiry officer and appoint a retired officer in the place of the 3rd respondent. Through proceedings, dated 22.7.2008, the 3rd respondent turned down the request of the petitioners to avail the services of Sri Y. Sudhakar Rao. The petitioners feel aggrieved by the same and pray for the two-fold relief claimed by them,...
Superintendent of Central Excise and Customs, Kurnool Range-i Vs. Sri ...
Court: Andhra Pradesh
Decided on: Aug-26-2008
Reported in: AIR2009AP32; 2008(6)ALD209; 2009(6)ALT97; [2009]147CompCas172(AP); [2010]97SCL27(AP)
L. Narasimha Reddy, J.1. In the event of a company being wound-up, in any of the three recognized modes, viz., by the Court, or voluntarily by a company itself, or subject to the supervision of the Court, preparation of list of assets and liabilities becomes essential. The Companies Act, 1956 (for short 'the Act') recognizes certain priorities, in the matter of distribution of assets of a company, under winding-up. It is not uncommon that the assets of certain companies are burdened with liability of payment of tax of different kinds, excise duty, customs duty etc.2. The question, as to whether the claim of a secured creditor has precedence over the right of the concerned Government department, to recover dues of tax, the customs duty in particular, arises for consideration in this appeal.3. M/s. Sri Vishnupriya Industries Limited, the 1st respondent herein, was incorporated under the Act, with an objective of undertaking manufacturing activity. It established a factory at Panyam in Ku...
G.P. Babu Vs. Presiding Officer, Labour Court and anr.
Court: Andhra Pradesh
Decided on: Aug-26-2008
Reported in: 2008(6)ALD147; 2009(1)ALT130; [2008(119)FLR575]; (2009)ILLJ501AP
ORDERL. Narasimha Reddy, J.1. The petitioner was employed as a Conductor in Bapatla Depot of APSRTC. He was removed from service by the Depot Manager, Bapatla, 2nd respondent herein (for short 'the respondent'), on disciplinary grounds. Aggrieved thereby, the petitioner approached the Labour Court, Guntur, by filing I.D. No. 276 of 2006 under Section 2-A(2) of the Industrial Disputes Act, 1947 (for short 'the Act'). At his instance, the Labour Court has taken up the question of validity of the domestic enquiry, as preliminary issue. The petitioner pleaded that the domestic enquiry was conducted in a defective manner and in violation of the principles of natural justice. The respondent contested the matter. Through its order, dated 1.3.2007, the Labour Court answered the said issue in affirmative and held that the domestic enquiry is valid and binding on both the parties. The said order is challenged in this writ petition.2. Heard the learned Counsel for the petitioner and the learned S...
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