Andhra Pradesh Court August 2008 Judgments
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G. Venkoba Vs. Apsrtc and anr.
Court: Andhra Pradesh
Decided on: Aug-25-2008
Reported in: 2008(5)ALD698
ORDERL. Narasimha Reddy, J.1. Petitioner was employed as driver in APSRTC in the year 1979. Through order, dated 12.5.1998, he was appointed as Assistant Depot Clerk (ADC), by transfer. He was due to attain the age of superannuation, on 31.3.2008.2. The Depot Manager, Yemmiganur, 2nd respondent herein, issued a charge-sheet, dated 26.2.2008, to the petitioner alleging that the certificate of his educational qualifications were found to be not genuine. Petitioner submitted his explanation on 8.3.2008. The 2nd respondent appointed an enquiry officer, and a report was submitted on 18.3.2008, holding that the charge against the petitioner is proved. The 2nd respondent issued a show-cause notice dated 19.3.2008, proposing punishment of removal. Petitioner submitted explanation on 28.3.2008. On the same day, the 2nd respondent passed an order directing removal of the petitioner from service. The same is challenged in this writ petition.3. Petitioner contends that it was only on the recommend...
ZahruddIn Ahmed and ors. Vs. Land Acquisition Officer and Revenue Divi ...
Court: Andhra Pradesh
Decided on: Aug-25-2008
Reported in: 2008(6)ALD496; 2008(6)ALT354
ORDERC.V. Nagarjuna Reddy, J.1. This writ petition is filed for a writ of Certiorari to quash memo No. B/2/12190/93 dated 20-02-2001 passed by the respondent, whereby he rejected the application filed by the petitioners for redetermination of compensation under Section 28A of the Land Acquisition Act, 1894 (for short 'the Act') as barred by time.2. Heard Sri K. Subrahmanya Reddy, learned Senior Counsel for the petitioners, learned Assistant Government Pleader for Land Acquisition and perused the record.3. The lands of the petitioners, along with others, were acquired for the purpose of extension of agricultural market yard at Nizamabad town. The respondent passed award on 16-01-1976 fixing the compensation at the rate of Rs. 7,500/- per acre. The respondent referred the matter pertaining to one Akula Rajanna, whose lands were also acquired under the same notification, to the Civil Court under Sections 30 and 31(2) of the Act as the said Rajanna died and his legal representatives failed...
P.V. Kameswari Vs. Depot Manager, Apsrtc, Gokavaram Depot
Court: Andhra Pradesh
Decided on: Aug-25-2008
Reported in: 2008(6)ALD48; 2009(1)ALT52; [2008(119)FLR814]
ORDERL. Narasimha Reddy, J.1. The petitioner was appointed as Conductor in the Gokavaram Depot of APSRTC, on casual basis. A charge-sheet was issued to her on 24.1.2006, alleging that she was unauthorisedly absent from duties on 20th and 21st January 2006, without prior permission. Petitioner submitted her explanation on 25.1.2006, stating that she was absent on account of illness and that she has produced a Medical Certificate from an authorized Medical Officer. An enquiry is said to have been conducted by the Superintendent (Traffic) of the Depot, and that a report was filed on 27.1.2006. Petitioner was issued another show-cause notice on 28.1.2006 and she submitted her explanation on 2.2.2006. The respondent passed an order dated 8.7.2006, terminating the service of the petitioner. Hence, this writ petition.2. Heard Sri E. Madan Mohan Rao, learned Counsel for the petitioner, and Sri C.S. Prakash Reddy, learned Standing Counsel for the respondent.3. From a perusal of the order of ter...
Gurram Somamma and anr. Vs. Nalamasa Yashoda and ors.
Court: Andhra Pradesh
Decided on: Aug-22-2008
Reported in: AIR2008AP286; 2008(5)ALD825
L. Narasimha Reddy, J.1. The petitioners filed OS No. 13 of 2001 in the Court of Senior Civil Judge, Mahabubabad, for the relief of declaration of title and perpetual injunction against the respondents. The suit was decreed on 6.12.2004. The decree appears to have become final. Petitioners filed E.P. No. 23 of 2005, under Order XXI Rule 32(5) of C.P.C., before the same Court, for execution of the decree. They prayed, that the decree be executed by directing the bailiff of the Court to peg mark the suit schedule land, admeasuring Ac.0.25 guntas in Sy. No. 162 of Velikatte Village, of Thorrur Mandal, and to declare, by beat of torn torn in the village, that the petitioners are the owners of the property. The Executing (Court dismissed the E.P. through order dated 3.5.2008. Hence, this C.R.P.2. Sri M. Rama Rao, learned Counsel for the petitioners, submits that the decree in favour of the petitioners is for declaration of title and perpetual injunction; in respect of 25 guntas of land in S...
Challa Maheshwara Rao and anr. Vs. Vadagam Venkata Subba Rao and anr.
Court: Andhra Pradesh
Decided on: Aug-22-2008
Reported in: 2008(5)ALD814; 2008(6)ALT446
ORDERV.V.S. Rao, J.1. This is tenants' revision under Section 22 of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (the Act, for brevity). Petitioners lost before original authority as well as appellate authority, in the eviction petition being RCC No. 77 of 1997 filed by landlord - first respondent herein; on the ground of bona fide requirement, wilful default and subletting and RCA No. 8 of 2000. Petition schedule premises bearing No. 22-4-114 is situated at Zinnah Tower at Guntur, which is statedly busy commercial area. Petitioners and second respondent, who are arrayed as opposite parties in R.C.C. before Rent Controller-cum-Principal Junior Civil Judge, Guntur, are running M/s. Ganesh Medicals. Landlord filed eviction petition alleging subletting, wilful default for the period from October 1996 to January 1997 and requiring premises for bona fide personal occupation, for commencing business in electronics goods. They denied subletting and contended that thou...
Mohd. Abdul Wahab S/O Gulam Mohammed Vs. State Bank of Hyderabad MaIn ...
Court: Andhra Pradesh
Decided on: Aug-22-2008
Reported in: 2008(6)ALD230; 2009(1)ALT152
ORDERP.S. Narayana, J.1. This Court ordered notice before admission on 10.7.2008 and granted interim stay for a limited period, which was further extended for a further limited period.2. C.R.P.M.P. No. 4729 of 2008 is filed praying for vacation of the interim stay granted on 10.7.2008 in C.R.P. No. 2636 of 2008. When the vacate stay application is taken up for hearing, the counsel representing the parties to the civil revision petition made a request for final disposal of the civil revision petition. The counsel on record also made elaborate submissions putting forth their respective stands.3. The present civil revision petition is filed by Mohd. Abdul Wahab, the revision petitioner-first defendant, being aggrieved of an order made in I.A. No. 84 of 2007 in O.S. No. 51 of 2005 on the file of I Additional Senior Civil Judge, Fast Track Court, Mahabubnagar.4. Respondent is the plaintiff in the said suit, State Bank of Hyderabad, main branch, Mahabubnagar, represented by Chief Manager, Ma...
T. Padma, Formerly District Judge (Fast Track Court) Vs. State of A.P. ...
Court: Andhra Pradesh
Decided on: Aug-22-2008
Reported in: 2008(6)ALT241
ORDERGoda Raghuram, J.Chronology of Relevant Facts:1. Pursuant to a notification dated 12.08.2003 issued by the 1st respondent calling for applications from eligible candidates for appointment as ad hoc Judges for the Fast Track Courts in the State, the petitioner applied. By the order dated 6.10.2003 in G.O. Rt. No. 1798 Law (LA&J; SC.F) Department, twenty persons including the petitioner were notified to have been appointed to act as District Judges on ad hoc basis for Fast Track Courts. Clause (4) of the order declared that the appointments would cease on 31.3.2005. By a consequent notification dated 22.10.2003 the petitioner and the other directly recruited ad hoc District and Sessions Judges were issued orders of posting by the 2nd respondent. In accordance with the conditions of appointment the petitioner also executed a deed of agreement dated 23.10.2003 with the 2nd respondent for her contractual appointment till 31.3.2005.2. The 2nd respondent through a circular dated 2.5.2005...
Elluru Chandra Obul Reddy Vs. Joint Collector and ors.
Court: Andhra Pradesh
Decided on: Aug-22-2008
Reported in: 2008(6)ALD411; 2008(6)ALT538; 2009CriLJ427
K.C. Bhanu, J.1. This is a reference made by a learned Single Judge in Writ Petition No. 23107 of 2007, for an authoritative pronouncement to answer the question as to whether the seizure of 166 bags; of rice (each 50 Kgs) belonging to the petitioner by the third respondent herein viz., Sub-Inspector of Police, Rural, Proddatur, Kadapa District, is legal or not.2. Similarly, the learned Single Judge, in Writ Petition No. 18097 of 2007, made reference on the ground that the view expressed by another Single Judge would require reconsideration.3. Writ Petition No. 23107 of 2007 is filed, inter alia, contending that the third respondent-Sub Inspector of Police, Rural, Proddatur, Kadapa District, has no jurisdiction and he misused the power in 'seizing the rice of petitioner; that by virtue of notification issued by the Government of India dated 15.2.2002 and further memo dated 27.3.2003 issued by the Government of Andhra Pradesh, there are no restrictions as regards to stock or transport o...
New India Assurance Co. Ltd. and anr. Vs. State of A.P. Rep. by the Di ...
Court: Andhra Pradesh
Decided on: Aug-22-2008
Reported in: 2009(1)ALT87
V.V.S. Rao, J.1. The New India Assurance Co. Ltd., Bombay, and its Branch Office at Kakinada in Andhra Pradesh, are the appellants. They are defendants in O.S. No. 134 of 1983 filed by State of Andhra Pradesh, represented by the Director of Fisheries, Hyderabad. The suit was for recovery of a sum of Rs. 88,8007- being insurance amount under Marine Hull policy for mechanized fishing boat - 'Sorrah 30'. The suit was decreed with costs on 17-10-1989 directing the appellants (hereafter, defendants) to pay insurance amount claimed with interest at 8% per annum.2. The case of plaintiff is as follows. Director of Fisheries allotted 'Sorrah 30', fishing boat, to third defendant on hire purchase basis. The hirer was required to pay hire purchase instalment amount as well as insurance for the boat on behalf of Director. Insurance policy expired on 1-1-1975. Third defendant took fresh insurance on 6-9-1975 near Pudimadaka in Visakhapatnam District. Third defendant gave telegram to Assistant Direc...
H. Rama Murthy Vs. K.R.D. Technologies Limited and anr.
Court: Andhra Pradesh
Decided on: Aug-22-2008
Reported in: 2009(1)ALT658
ORDERL. Narasimha Reddy, J.1. The petitioner was initially employed with the 1st respondent (for short 'the respondent') in the year 1980. Thereafter, he was designated as Supervisor (Civil), vide order of appointment, dated 07.07.1984, and was placed in the pay scale of Rs. 600-925. He was dismissed from service on 27.07.2001. The order of dismissal is the subject matter of I.D. No. 178 of 2005 before the Labour Court-I, Hyderabad.2. The petitioner filed Miscellaneous Petition No. 10 of 2002 before the Labour Court, under Section 33-C(2) of the Industrial Disputes Act, 1947 (for short 'the Act'), claiming certain monetary and financial benefits. They included the arrears of salary, bonus, encashment of leave etc. Particulars thereof were furnished in the petition. The respondent raised an objection as to the very maintainability of the Miscellaneous Petition under Section 33-C(2) of the Act. They pleaded that the petitioner does not answer the description of 'workman' and the M.P. is ...
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