Court : Andhra Pradesh
Decided on : Oct-15-1997
Reported in : 1997(5)ALT696
P. Ramakrishnam Raju, J.1. The petitioners in these writ petitions were all employees who have put in 8 to 10 years of service in Hyderabad Allwyn Limited (for short 'HAL'), which is a State Government Public Sector Undertaking, who have been deployed in various Government Departments for the past three and half years in pursuance of a Scheme settled by the Board for Industrial and Financial Reconstruction (for short 'BIFR'). As the Supernumerary posts created in various Government Departments and Corporations wherein the petitioners were absorbed are abolished under G.O.Ms. No. 192, Industries & Commerce (IFR.II) Department, dated 1-10-1996 some of the above writ petitions are filed questioning the said G.O. Later A.P. Ordinance No. 25/96 was promulgated, followed by Act 14/97 for the same purpose which were also challenged in other writ petitions.2. In the counter-affidavit filed by the Deputy Secretary to Government, Industries & Commerce Department, it is stated that M/s. Hyderabad...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-11-1997
Reported in : 1998(1)ALD103; 1998(1)ALD(Cri)146
ORDER1. For all appearances this was an ordinary bail application presented on 13-2-1997. The unusual fact that caught the eye when it came up on 14-2-1997 was that the petitioner, M.A. Nayeem Farooqui, was in a mental hospital at that time.2. It was alleged that he was an accused in Crime No. 14 of 1997 of P.S., Abid Road, Hyderabad for offence under Section 354 JPC on a false complaint lodged by one Mrs. Surayya Jabeena that he abused her, caught hold of her hand and threatened to pull her sari. It was stated that he was arrested and was in jail since 16-1-1997, and that the entire investigation was over and statements of witnesses were recorded and charge-sheet was to be filed, but that he was forcibly sent to the mental hospital and was lodged in the prisonward. He moved Criminal M.P.No.181 of 1997 before the V Additional Sessions Judge for bail, but the same was dismissed on 7-2-1997. He sent telegrams to the Honourable the Chief Justice of this Court on 3-2-1997 stating that he w...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-11-1997
Reported in : 1998(59)ECC286; 1998(97)ELT416(AP)
M.N. Rao, J.1. Whether the show cause notice dated 30-9-1986 issued by the Collector of Central Excise, Guntur, the second respondent herein, was validly served upon the petitioner - M/s. Duncan Industries Limited - is the question at issue in this writ petition. The petitioner is a public limited company registered under the Companies Act, 1956, having its registered office at No. 31, Netaji Subhas Road, Calcutta. National Tobacco Company had a factory at Agarpara in the State of West Bengal and another factory at Biccavolu in Andhra Pradesh and engaged in the manufacture and sale of cigarettes and smoking mixtures. The National Tobacco Company was amalgamated with Birpara Tea Company pursuant to a scheme of amalgamation sanctioned by the Calcutta High Court in January, 1978. With effect from the date of merger i.e., 1-3-1977, the name of Birpara Tea Company was changed to Duncans Agro Industries Limited (DAIL). DAIL carried on the business of manufacture and sale of cigarettes throug...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-11-1997
Reported in : 1999ACJ454; AIR1998AP51; 1997(4)ALT357
P.S. Mishra, C.J.1. One Mrs. Shanta, 25 years old woman, has invoked this Court's jurisdiction under Article 226 of the Constitution of India seeking, inter alia, a direction to the first respondent to institute complaint for investigation by the police into the acts and omissions of the second and the third respondents herein i.e., Superintendent, Government Maternity Hospital, Afzalgunj and Dr. Rama Sundari, Assistant Professor of Obsterics & Gynaecology, Government Maternity Hospital, Afzalgunj, Hyderabad, which constitute, according to the petitioner, (1) offences against her body while operating for the delivery of a child; (2) other andfurther actions against the second and the third respondents in accordance with law; and (3) to pay compensation consolidated in a sum of Rs. 8,00,000/- to her for the injuries and sufferings caused to her by the second and the third respondents.2. Facts in brief:-- Petitioner who hails from the State of Karnataka has been residing in Hyderabad and...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-25-1997
Reported in : 1997(4)ALT304
V. Bhaskara Rao1. The Judgment and decree in A.S. No. 98/1991 on the file of Additional Chief Judge (Temp), City Civil Court, Hyderabad, dated 1-3-1996 reversing the Judgment, Decree and findings of the IV Additional Judge, City Civil Court, Hyderabad, in O.S. No. 603/1981, dated 18-3-1991 and consequently dismissing the suit of the plaintiffs, are challenged in this second Appeal by the plaintiffs. The parties will be referred to as arraigned before the trial Court.2. The plaintiffs filed the suit for declaration of title and recovery of possession of the plaint schedule land. Their case is that they purchased the suit land bearing R.S. No. 120/4 corresponding to old S. No. 403/5 of Shaikpet from its rightful owner through a registered sale deed dated 20-3-1967 and they have been in exclusive possession and enjoyment of the same eyersince that day. The defendant is a Co-operative Housing Building Society and it had purchased some land in S. Nos. l21/A and 129/92/3 situated near Yousuf...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-23-1997
Reported in : 1997(3)ALT492
ORDERB. Subhashan Reddy, J.1. This Writ Petition assails the Constitutional validity of Section 17-A of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') and the consequent notification issued by the 2nd respondent-State Government in G.O.Ms. No. 2, Labour Department, dated 20-1-1994 in exercise of the powers Under Section 17-A(1) of the Act stating that the award dated 1-9-1993 passed in I.D. No. 349 of 1994 (sic. 1991) shall not be enforceable for the reasons stated therein. The challenge is to the vires of the Section, which is the prime argument; the second argument being the unsustainability of the reasons stated in the consequent notification as baseless and irrelevant.2. The petitioner-Telugunadu Work-charged Employees State Federation, Nalgonda District Unit-is a Trade Union and is the District Union of Telugunadu Trade Union Council, having been registered under the Trade Unions Act. It is stated that the petitioner comprises of 1,500 members and that th...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-21-1997
Reported in : 1998(1)ALD53; 1997(6)ALT290
1. At issue, is the very important constitutional question as to whether area reservation basing on the residence in a particular region of a State of Andhra Pradesh prevails over the class reservation envisaged under Article 15(4) of the Constitution of India relating to admissions into educational institutions and more particularly, postgraduate medical courses.2. Both the writ petitions pertain to admission into M.S. Orthopaedics of Nizam Institute of Medical Sciences - a State-wide Institution - which is the deemed University. Reservations to Scheduled Tribes, Scheduled Castes and Backward Classes are in the ratio of 6:15:25 respectively. The following table, in various disciplines shows the number of seats conforming to the above ratio of reservation :Sl. NoCourseAvailable seatsReservation under Article 15(4) S.C. (15%)S.T. (6%)B.C. (25%)1.Anaesthesiology20.300.120.502.General Medicine30.450.180.753.Pathology20.300.120.504.Hospital Admn.20.300.120.505.Radio-Diagnosis20.300.120.506...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-10-1997
Reported in : AIR1997AP257; 1997(3)ALT649
ORDERP. Venkatarama Reddy, J. 1. Thepetitioner-company challenges in this writ petition the Memo No. 23950/For.III/89-1, dated 18-10-1989 issued by the Principal Secretary to Government (Energy & Forests) informing the Principal Chief Conservator of Forests that the request of the petitioner-company to withdraw the demand raised by the Divisional Forest Officer was rejected. By his proceedings dated 16-1-1989, the Divisional Forest Officer, Rajahmundry demanded the payment of a sum of Rs. 25,18,413/-from the petitioner towards the value of 24,500 cum. of mixed hardwood allotted to the petitioner for the year 1987-88 on the ground that the petitioner-company failed to pay the amounts pursuant to the notice dated 4-3-1988 and 17-3-1988 and take possession of the hard wood allotted as per the terms and conditions of supply. The amount was arrived at by deducting from the amount of Rs. 40,82,915/- originally demanded, the sale proceeds of. Rs. 15,64,502/- realised in the auction held on 12...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-21-1997
Reported in : 1997(6)ALT529
ORDERD.H. Nasir, J.1. The General Manager, South Central Railway, Secunderabad has filed this Writ Petition No. 8425/96 seeking a Writ of Mandamus to be issued declaring as illegal the Award No. 3/95 dated 13-3-1995 of the Land Acquisition Officer/ 5 Revenue Divisional Officer, Tirupati and also for issuing a direction to the first respondent to allow the petitioner to make his representations in respect of the assessment of the market value of the land under acquisition to determine the compensation payable under the Land Acquisition Act on that basis.2. The land under acquisition comprises of Ac.4-87 of land in Tirupati behind railway station for construction of staff quarters at Tirupati.3. The proposition that the petitioner as the beneficiary of the land under acquisition is required to be heard by the concerned authority before awarding any compensation to the landowners, is seriously disputed not only by the land owners being respondents 2 to 12 but also by the first respondent ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-17-1997
Reported in : 1998(4)ALD113; 1998(1)ALD(Cri)943; 1998(1)ALT529
ORDERP.S. Mishra, CJ1. Petitioner Sadruddin Javeri and another have moved this Court under Article 226 of the Constitution alleging inter alia that the respondent Police Officials have violated their right under Article 21 of the Constitution of India by entering into his residential house in Plot No.330, Road No.25, Jubilee Hills, Hyderabad, seized various articles, falsely registered a case in Cr.No.26/96 on the file of P.S., CCS, Hyderabad and committed various atrocities for which he has sought adequate compensation. The petition, though in a haphazard manner, discloses the following facts :Petitioner was appointed as the Principal Advisor and Head of the Managing Committee called Sharfe-Khas of the properties by the ex-Nizam of Hyderabad in August, 1990. Certain events, however, brought in some disenchantment. Nizam severed his relations with him (the petitioner) and issued a letter dated 27-5-1995 withdrawing the powers which he had given to him (the petitioner). There has been s...
Tag this Judgment!