Andhra Pradesh Court August 2008 Judgments
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Khaja Syed RafiuddIn Vs. Govt. of A.P. Rep. by Special Chief Secretary ...
Court: Andhra Pradesh
Decided on: Aug-22-2008
Reported in: 2009(1)ALT215
L. Narasimha Reddy, J.1. The petitioner was appointed as Assistant Engineer in the erstwhile A.P. State Electricity Board, on 01-11-1976. With the reorganization of the Board into Generation, Transmission and Distribution Companies, he became the employee of A.P. Southern Power Distribution Company of A.P. Ltd., the 2nd respondent herein, and earned promotion, as Divisional Engineer.2. On 02-01 -2003, a trap was laid against the petitioner, by the officials of the A.C.B. He was tried in C.C. No. 23 of 2003, by the Court of Special Judge for SPE & ACB Cases, Nellore, for the offence under Section 13(2), read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. The petitioner was placed under suspension, immediately after the trap. He retired from service on 31-05-2003, on attaining the age of superannuation. Inasmuch as the petitioner was facing trial in the criminal case, he was sanctioned provisional pension, @ Rs. 9,759/- per month, vide proceedings dated 29-08-2003, by t...
United India Insurance Co. Ltd. Vs. V. Madhukar Rao
Court: Andhra Pradesh
Decided on: Aug-22-2008
Reported in: 2008ACJ232
G. Bhavani Prasad, J.1. The insurer/sole respondent in O.P. No. 897 of 1994 on the file of the Motor Accidents Claims Tribunal-cum-Additional District Judge, Nizamabad filed this appeal against the award dated 31.8.1999.2. The factual background for the appeal is that the respondent-claimant was travelling in Maruti van No. AP 25-T 3233 on 1.8.1993 along with another passenger and driver and the vehicle met with an accident due to rash and negligent driving of Maruti van driver. Claimant sustained fractures and other injuries and van was damaged to a tune of Rs. 50,000. The claimant was treated at Government Hospitals, Kamareddy and Nizamabad and has claimed a compensation of Rs. 1,50,000 towards his permanent disability, expenses towards medicines and extra nourishment and for damage to Maruti van from the insurer.3. The insurer while denying the allegations of the claimant, sought for dismissal of the claim.4. Tribunal framed appropriate issues regarding the manner of the accident an...
Sol Pharmaceuticals Ltd. Vs. Labour Court Ii and ors.
Court: Andhra Pradesh
Decided on: Aug-21-2008
Reported in: 2008(6)ALD101; [2008(119)FLR765]
ORDERL. Narasimha Reddy, J.1. These two writ petitions arise between the same parties, and in relation to the same subject-matter. The petitioner is common. The employee, by name G. Pentaiah, figures as respondent No. 2 in both the writ petitions. For the sake of convenience, he is referred to as the respondent.2. The respondent was employed with the petitioner industry. The petitioner introduced the Voluntary Retirement Scheme, in the year 1995. The respondent submitted an application under that scheme, and it is stated that the application was accepted in the year 1997. The petitioner became a sick industry, in the year 1999, even before the VRS benefits were extended to the respondent. It is stated that in the proceedings before BIFR, the revival of the unit is ruled out and the winding up was suggested. The matter is said to be pending before the AAIFR.3. The respondent filed MP No. 54 of 2002, before the Labour Court-II, Hyderabad, under Section 33-C(2) of the Industrial Disputes ...
R.V. Krishna Rao and anr. Vs. Attili Hymavathi
Court: Andhra Pradesh
Decided on: Aug-20-2008
Reported in: 2009(2)ALT304
P.S. Narayana, J.1. This appeal is filed by the unsuccessful defendants in O.S. No. 206/82 on the file of I-Additional Subordinate Judge, Visakhapatnam. It is stated that the 2nd appellant is the wife of the 1st appellant and the 1st appellant is no more and the 2nd appellant is the legal representative of the 1st appellant. Respondent is the plaintiff in the said suit. The suit was filed for declaration of title, relief of perpetual injunction and an alternative relief of possession as well. The learned I-Additional Subordinate Judge, Visakhapatnam, in the light of the respective pleadings of the parties, having settled the issues, recorded the evidence of P.Ws. 1 and 2 and D.Ws. 1 to 4, marked Ex.A.1 to Ex.A.7, Ex.B.1 to Ex.B.10, Ex.X.1 to Ex.X.5 and after recording reasons, came to the conclusion that the plaintiff is entitled for the reliefs prayed for and accordingly decreed the suit. Aggrieved by the same, the unsuccessful defendants had preferred the present appeal.2. Submission...
D. Muni Raju Vs. Commissioner of Social Welfare Department, Govt. of A ...
Court: Andhra Pradesh
Decided on: Aug-20-2008
Reported in: 2008(6)ALD19; 2009(1)ALT205
ORDERL. Narasimha Reddy, J.1. With a view to provide necessary facilities for the candidates belonging to Schedule Castes, Scheduled Tribes and Backward Classes, and to prepare candidates for I.A.S., I.P.S. and Group-I Service Examinations, the Social Welfare Department of the Government of Andhra Pradesh made arrangements for establishment of Pre-examination Training Centers (PETCs). Accordingly, it issued G.O. Rt. No. 364, dated 20.6.1986 directing that such PETCs be established at Waltire, Tinipati and Warangal. For better administration of these Centers, they were placed under the control of the respective Universities. Budget allocation of Rs. 3.5 lakhs for each center was made. The centers, so established, were registered as Societies under the provisions of the Societies Registration Act and the Articles of Association, for administration thereof, were adopted.2. The petitioner was initially engaged as an Office Attender for a period of one month i.e., from 2.5.1988 to 2.6.1988 ...
K.S.C. Bose Vs. Apsrtc and ors.
Court: Andhra Pradesh
Decided on: Aug-18-2008
Reported in: 2008(6)ALD492
ORDERL. Narasimha Reddy, J.1. The petitioner was initially appointed, as Conductor, in the APSRTC, on 26.1.1977. Thereafter, he was promoted, as Assistant Depot Clerk and was working in the Jangareddy Gudem Depot. The Depot Manager, the fourth respondent herein, issued a charge-sheet, dated 17.1.2007, alleging that the petitioner remained absent, from duty, from 15.1.2007 to 16.1.2007, unauthorisedly. The petitioner submitted his explanation on 1.2.2007, stating that he could not attend the duties on 15.1.2007, due to his serious illness. On the basis of a report submitted by the Enquiry Officer, the fourth respondent issued show-cause notice, dated 1.2.2007, proposing the punishment of removal from service. The petitioner submitted his explanation on 2.2.2007. Through proceedings, dated 13.8.2007, the fourth respondent removed the petitioner from service. Departmental remedies of appeal and review, filed by the petitioner, were rejected. Hence, this writ petition.2. Sri S.M. Subhan, l...
G. Vidyasagar Rao Vs. District Collector
Court: Andhra Pradesh
Decided on: Aug-18-2008
Reported in: 2008(2)ALD(Cri)857; 2009(1)ALT74
ORDERRamesh Ranganathan, J.1. A writ of certiorari is sought to quash the order dated 7.11.1997, and the complaint filed by the 2nd respondent, (R.D.O, Nalgonda), in Crime No. 106 of 1997. The 1st respondent is the District Collector, Nalgonda, and the 3rd respondent is the Station House Officer, Chintapalli P.S. Nalgonda District. The writ petition was dismissed for default, as against respondents 2 and 3, by order of this Court dated 6.9.2000. As such the second part of the prayer in the writ petition, to quash the complaint made by the 2nd respondent to the 3rd respondent in Crime No. 106 of 1997, cannot be granted.2. It is necessary to note that, even in the first limb of the prayer, the order dated 10.9.1997 is struck off by pen and in its place the order dated '7.11.1997' is written in hand, presumably by the Counsel for the petitioner. The proceedings dated 7.11.1997 is the complaint made by the R.D.O., Nalgonda to the S.H.O, Chintapalli police station marking a copy thereof to ...
P. Nageswara Rao S/O Late P. Kondaiah and Vs. Government of Andhra Pra ...
Court: Andhra Pradesh
Decided on: Aug-14-2008
Reported in: AIR2008AP269; 2008(6)ALD771; 2009(1)ALT346
ORDERC.V. Nagarjuna Reddy, J.1. The short question that arises for consideration in this writ petition is whether the expression 'Court' in Section 28A(1) of the Land Acquisition Act, 1894 (for short, 'the Act') includes the appellate Court for the purpose of computing the period of three months for applying to the Collector for re-determination of the amount of compensation?2. Petitioner No. 2 is the nephew of petitioner No. 1. Late Pentakoti Kondaiah son of Apanna is the father of petitioner No. 1. The lands standing in the name of the father of petitioner No. 1 and others and comprised in R.S. Nos. 19/22, 19/23, 19/24, 19/33 and 19/34 of Mankollu Village, Chatrai Mandal, Krishna District, were acquired under the provisions of the Act and different awards were passed on 04.02.1975, 19.02.1975 and 13.03.1975 by the Special Tahsildar, Land Acquisition, Nuzividu. Some of the land owners covered by the said notifications got the issue relating to quantum of compensation referred to the C...
P. Ranga Reddy and ors. Vs. Kurnool Municipality
Court: Andhra Pradesh
Decided on: Aug-14-2008
Reported in: AIR2008AP282; 2008(6)ALD512; 2008(6)ALT343
V.V.S. Rao, J.1. This is plaintiff's appeal. Originally one P. Ranga Reddy filed O.S. No. 111 of 1987 on the file of the Court of the Principal Subordinate Judge, Kurnool, for declaration that special notice dated 29.09.1986 enhancing the half yearly property tax in respect of premises bearing door No. 40/318 (lodging building) and another similar special notice dated 29.09.1986 in respect of premises bearing door No. 40/317-D1 (godown building) are illegal and arbitrary, and for consequential injunction restraining the defendant municipality (respondent herein) from realising said amount. The suit was dismissed by judgment and decree dated 20.03.1990, aggrieved by which, this appeal suit is filed. Pending the appeal, original plaintiff died and his legal representatives were brought on record. For the sake of convenience, the parties are referred to by their status in the suit. The plaintiff was owner of considerably huge complex. It consists of godown building, which has 16 godowns u...
Agriculture Market Yard Hamalies Union Vs. Agriculture Market Committe ...
Court: Andhra Pradesh
Decided on: Aug-14-2008
Reported in: 2008(6)ALD88; 2009(1)ALT203
ORDERV. Eswaraiah, J.1. The petitioner, the Agricultural Market Yard Hamalies Union, questions the action of the Agricultural Market Committee, Yemmiganur of Kurnool District in adding two more categories of Hamalies naming them as Lorry Hamalies and Women Hamalies to the list of categories under Rule 49 of the Andhra Pradesh (Agricultural Product and Livestock) Markets Rules, 1969 (for short 'the Rules') and issuing licences to them as illegal and arbitrary.2. It is the case of the petitioner that there are 160 Hamalies who were members of the petitioner union and all of them have been working for the last 30 years after obtaining the required licences by paying the prescribed licence fee, which are renewed from time to time and they have been discharging their duties as Hamalies without any complaint whatsoever. Their licences have been issued/renewed under Rules 48 to 50 of the said Rules.3. It is stated that under Rule 49 of the said Rules, seven categories of persons can operate i...
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