Court : Andhra Pradesh
Reported in : II(2004)ACC591; 2004ACJ529; 2004(1)ALD449; 2004(1)ALT100
G. Raghuram, J.1. A Division Bench of this Court by an order dated 22-10-2002 recorded a dissent with decisions of the two earlier Division Benches of this Court in Union of India v. Uggina Srinivasa Rao, : 2001(3)ALD247 and Union of India v. B. Koddekar and Ors. : AIR2003AP23 , and made a reference in respect of Civil Miscellaneous Appeals preferred to this Court, by the Railways under Section 23 of the Railway Claims Tribunal Act, 1989 against the respective orders of Railway Claims Tribunals.2. Whether a passenger trying to board or alight from a running train or standing near the door, jumped from the compartment, crossing the Railway track or leaning out of the carriage; and during the course of such circumstance had fallen down and was either injured or had died, was entitled to compensation from the Railways under Section 124-A of the Railways Act, 1989, (the Act) is the question that in substance arises for consideration in this reference. Incidentally whether wrongful, careles...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD783; 2004(5)ALT599; 2005(1)CTLJ535(AP)
ORDERV.V.S. Rao, J. Prologue 1. The Government of Andhra Pradesh (GoAP), so as to increase irrigation efficiency with available water has mooted A.P. Micro Irrigation Project (APMIP). The project envisages to bring a huge extent of agricultural land under micro irrigation. So as to encourage the farmers to shift from surface method of irrigation to micro irrigation, GoAP took a policy decision to give fifty per cent subsidy to farmers who invest in micro irrigation equipment by taking a bank loan arranged by the Department of Horticulture. Identification of the land to be brought under particular technology of micro irrigation and modus operandi were worked out. As a first step, the Government identified seven manufacturers and suppliers willing to supply micro irrigation system (MIS) with performance guarantee and agronomic extension service to the farmers. The petitioners also expressed interest to participate in APMIP. The petitioners were not included in the panel of shortlisted ma...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(6)ALT533
..... , j (as his lordship then was) delivered a separate judgment in the said case, wherein it was observed as follows:'i wholly agree with the perspective of my learned brother sen, j. that part iv which seeks to build a social justice society, is basic to out constitutional order. any transgression of article 39(b) and (c) is beyond the scope .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(3)ALD585; 2004(2)ALT372
Gopalakrisha Tamada, J1. This writ petition is preferred by the petitioner invoking the jurisdiction of this Court under Article 226 of the Constitution of India, seeking for a direction to set aside the judgment and order passed in O.A. No. 1859 of 2001 on 28-4-2001 by the A.P. Administrative Tribunal and to set aside the orders of the 1st respondent in G.O. Ms. No. 193 Revenue (Vig. II) Department, dated 16-3-2001, and also for a direction to the respondents to continue the petitioner inservice as Inspector of Excise with all consequential benefits viz., seniority, payment of arrears of salary and allowances.2. The case of the petitioner is that he was directly recruited as Excise Sub-Inspector in the year 1981 through the A.P. Public Service Commission and he joined in that post on 20-6-1981. He was rewarded with awards and increments to the best of his ability and performance during his career. He was promoted to the Post of Excise Inspector in the year 1992 and was posted to Vayal...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD819; 2004(2)ALT152
..... under the pec employees' (conduct, discipline and appeal) rules, 1975.article-1ishri a.l. kalra drew a conveyance advance of rs. 11,000/- in july, 1979 for purchasing a motor-cycle, but did not utilise the amount for the above purpose and did not furnish cast receipt etc., evidencing purchase of the vehicle within one month as required under rule 8 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC361; 2003(4)CTC477; [2004(1)JCR140(SC)]; JT2003(8)SC296; (2003)11SCC146; (2004)1UPLBEC279
V.N. Khare, C.J.1. Leave granted in the Special Leave Petition.2. The core question involved in these writ petitions and appeal centers round the constitutional validity of reservation whether based on domicile or institution in the matter of admission into Post Graduate Courses in government run medical colleges. 3. For determination of the said question factual matrix of the matter, is being noticed from Writ Petition (Civil) No.29 of 2003.4. The petitioners who are 52 in number are original residents of Delhi. They joined various medical colleges out of Delhi for undertaking their MBBS Courses of studies against the 15% all-India quota on being qualified therefore in the All India Medical Entrance Examination.5. The appellants intended to join the medical colleges of Delhi for their Post Graduate Medical Courses. They applied for and were granted admission forms having regard to the decision of this Court in Dr. Parag Gupta v. University of Delhi and Ors. : AIR2000SC2319 , In the Bu...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD400; 2004(3)ALT765
B.S.A. Swamy, J.1. In these two appeals the common question that arises for consideration is whether the agreement of sale entered into between the parties became frustrated as held by the Courts below accepting the contentions of the respondents herein.2. Though the parties are different in both the suits they can be disposed of by a Common Judgment. One Syed Abdul Razack and his sister Mohamuda Begum agreed to sell thousand square meters of vacant land under two agreement of sales marked as Ex.A.1 in O.S. No. 667 of 1985 and the other agreement executed by Mohamuda Begum was marked as Ex.A.1 in O.S.No.116 of 1986. An advance of Rs. 15,000/- was paid in each of the agreement of sale. After sometime they got issued a legal notice stating that the competent authority under Urban Land Ceiling Act refused permission to sell the vacant land to the plaintiff and as such the agreement of sale stood cancelled. They also offered to refund the advance paid under the agreement of sale. The plain...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3240; 2003(5)ALD39(SC); 106(2003)DLT350(SC); JT2003(7)SC446; 2003(6)SCALE831; (2003)7SCC589
S.B. Sinha, J.INTRODUCTORY REMARKS: 1. Applicability of the provisions of the Wild Life (Protection) Act, 1972 is in question in this set of appeals which arise out of a common judgment and order dated 20.3.1997 passed by a Division Bench of the Delhi High Court. The appellants herein are engaged in the business of manufacture and sale of articles relating to art and craft manufactured from ivory. The appellants herein imported ivory from African countries. They have manufactured certain articles out of the same. It is not dispute that the said import had legally been made as there did not exist any restriction in that regard. 2. The Wild Life (Protection) Act, 1972 (hereinafter referred to as 'the said Act' for the sake of brevity) was enacted to provide for the protection of wild animals, birds and plants and for matters connected therewith or ancillary thereto or incidental therewith. Indian elephant was brought within the purview of Schedule A of the Act on or about 5.10.1977. The ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(6)ALT742
C.V. Ramulu, J.1. In all these writ petitions, almost common question of fact and law arise for consideration and as such, they are being disposed of by this common Judgment.2. According to the petitioners, Sri Venkateswara Institute of Medical Sciences (SVIMS) was established at Tirupathi in the year 1992 with the financial aid and assistance of Tirumala Tirupathi Devasthanams (TTD). Since in the initial stages, there were no sanctioned posts in the Institute, the respondent-SVIMS appointed and engaged suitable persons on daily wage basis for various posts for the smooth running of SVIMS. Petitioners in W.P.No. 32836 of 1997 were engaged as drivers, petitioners in W.P.No. 32952 of 1997 as Laundry workers in the year 1994, petitioner in W.P.No. 33134 of 1997 as Supervisor, petitioners in W.P.No. 33814 of 1997 as Helpers under the control of the Civil Engineer at Tirupathi and petitioner in W.P.No. 33422 of 1997 in Class IV service as Pest Control Boy. They claim that they have been wor...
Tag this Judgment!Court : US Supreme Court
..... al. by kenneth c. bass iii; for the national law center for children and families et al. by kristina a. bullock, bruce a. taylor, and janet m. larue; and for sen. trent lott et al. by brian fahling, stephen m. crampton, and michael j. deprimo. briefs of amici curiae urging affirmance were filed for the association of american publishers, inc., et .....
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