Court : Andhra Pradesh
Reported in : 2004(6)ALD1; 2004(5)ALT634
B. Sudershan Reddy, J.1. Several of the most devisive moral conflicts that have beset us Indians, in the period since the dawn of independence have been transmuted into constitutional conflicts - conflicts what the Constitution of India forbids - and resolved as such. The most prominent instances include the conflicts over Federalism, Secularism, sex- based discrimination and affirmative action. The conflicts over affirmative action programme occupy a large space.2. The great bulk of constitutional litigation concerns State enactments and nearly all of that litigation purports to be based on a single sentence of Article 14 and, indeed, on one or the other of two pairs of words, 'equality before the law' and 'equal protection of the laws'. If the Constitution is the embodiment of our aspirations, it must have become so very largely because of those two pairs of words. Each is a protection with centuries of history behind it, often dearly bought with the blood and lives of people determi...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD500
..... ibrahimpatnam taluk. he belongs to vysya community. after partition with his brothers he carried on the ancestral business at agapalli. he migrated to hyderabad at or about 1948, prior to police action at hyderabad. he started hardware stores in secunderabad with the help of joint family assets and funds. he built up good reputation and prospered in the business. he put ..... . 29 of 1983 admits that buggaiah belongs to vysya community and that he was a man of high aspirations which prompted him to shift from native place to secunderabad before police action. it is also alleged that buggaiah was carrying on ancestral business with the help of the properties that fell to his share and prospered. i have already held that .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD154
C.Y. Somayajulu, J.1. Since parties to the CMA and the CRP are the same, they would hereinafter be referred to as they are arrayed in the CMA 1st respondent filed the suit against the appellant and respondents 2 and 3, seeking a decree of perpetual injunction restraining appellant and 3rd respondent from taking any actionunder the agreement dated 30-6-1999 (hereinafter referred to as suit agreement) for sale and purchase of Maltol and Ethyl Maltol business of the appellant including arbitration proceedings before the 3rd respondent on the ground that the suit agreement is vitiated by fraud and is opposed to public policy and so is bad law, and filed IA No.1352 of 2000 in the suit, seeking an injunction restraining appellant and 3rd respondent from proceeding with the arbitration invoked by appellant before the 3rd respondent. Learned trial Judge granted an ex parts injunction and ordered notices. After receipt of notice, appellant filed IA No. 1640 of 2000 seeking stay of all further p...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALD149; 2001(6)ALT706
C.Y. Somayajulu, J.1. Since parties to the C.M.A. and the C.R.P. are the same, they would hereinafter be referred to as they are arrayed in the C.M.A. 1st Respondent filed the suit against the appellant and respondents 2 and 3, seeking a decree of perpetual injunction restraining appellant and 3rd respondent from taking any action under the agreement dated 30-6-1999 (hereinafter referred to as suit agreement) for sale and purchase of Maltol and Ethyl Maltol business of the appellant including arbitration proceedings before the 3rd respondent on the ground that the suit agreement is vitiated by fraud and is opposed to public policy and so is bad in law, and filed I.A.No. 1352 of 2000 in the suit, seeking an injunction restraining appellant and 3rd respondent from proceeding with the arbitration invoked by appellant before the 3rd respondent. Learned trial Judge granted an ex parte injunction and ordered notices. After receipt of notice, appellant filed I.A.No.1640 of 2000 seeking stay o...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD582; 2001(6)ALT433
..... father and son, the claimants in the earlier proceedings before the motor accidents claims tribunal suffered injuries while operating their tractor, and to that effect they gave statement before the police. immediately, the insurance company made enquiries and moved the tribunal under sections 151, 152 and 153 cpc praying to recall the awards passed by the tribunal. the petition was dismissed .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2002]110CompCas193(AP)
..... the ninth petitioner or raised his voice against the activities of respondent no. 2, the first and foremost thing would be, that he will be arrested by the police under the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989. secondly, the series of incidents referred to supra both before and after filing of ..... . 2 threatened him to vacate the premises of srmt wherein the office of padmalaya finance corporation was also located within 24 hours and thereafter having agreed before the police not to press for vacation of the premises, removed his table and placed it outside the company premises on october 14, 1993.314. the ninth petitioner in his ..... authorities did not move in the matter, to save himself, he left kakinada and settled in visakhapatnam. though the complaint and representation are of the year 1995 neither the police prosecuted him nor closed the case till this date. (6) false case against y. d. rama rao : it is also his case that the second respondent .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD217; 2000(6)ALT1
..... similar allegations and attacks are made against the respondent authorities by the petitioners throughout the affidavits, and those allegations are totally unjustified and unwarranted, and they are rather on the border of abuse than averments in a pfeading, and they cannot be considered to be legitimate part of a proper pleadings. is it necessary for us to point out that the ..... generated persistent and percurrent protests, rallies, agitations ending, at times, with unpardonable violence denounced with abomination and righteous indignation by the father of the nation. police interventions in the troubled situations and accusations of the police excesses have become talk of the state and rocked the proceedings of the a.p. state legislative assembly. the state of andhra pradesh recently underwent such .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(4)ALD403; 2000(4)ALT274; (2000)IILLJ1278AP
ORDER1. The petitioners in these two writ petitions were working as contract labourers since several years in the maintenance and operation works in electrical department under the supervision of the 3rd respondent-Executive Engineer, Electrical Department in Begumpet Airport under the administrative control of the 2nd respondent i.e., Airport Authority of India and at a time when their services were sought to be terminated on the pretext that the term of the existing contractor expired and a new contractor has been engaged to attend to the works that are being performed by the petitioners all through filed these writ petitions for issuance of a Writ of mandamus to the respondents to consider their cases for regularisation in the trades they are working without inducting fresh candidates.2. The undisputed facts of this case are that the 3rd respondent claiming to be the principal employer getting the works of maintenance and operation done by entering into contracts from time to time w...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD652; 2000(2)ALT655
ORDER1. Political Justice is a preambular promise of the Constitution of India. 'We, the people of India' shall redeem the promise of 'political justice' is the underlying theme of the Constitution (Seventy Fourth Amendment) Act, 1992. The apprehension of the petitioners in this Batch of cases is that while attempting to achieve political justice, guaranteed right to 'equal protection of laws' another preambular promise is ignored. A deeper curial look is called for. On the eve of elections: to a century and odd urban local bodies-Nagar Panchayats, Municipalities and Municipal Corporations in the State of Andhra Pradesh,all questions raised and all issues involved in these cases are the same and hence are being disposed of by this common judgment, at the stage of admission with the consent of the learned Counsel for the petitioners and the respondents.2. Reservation of seats in Educational Institutions, reservation of civil posts and quasi-Government posts and reservation of seats in l...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(6)ALD83; 2000(1)ALT83
ORDER1. These five Civil RevisionPetitions are directed against the orders in IA No.210 of 1995 in RCA No.108 of 1988, IA No.208 of 1995 in RCA No.107 of 1988, IA No.206 of 1995 in RCA No. 106 of 1988, IA No.212 of 1995 in RCA No. 109 of 1988 and IA No.214 of 1995 in RCA No.110 of 1988, on the file of senior civil Judge, Vizianagaram dated 20-1-1997 allowing the amendment of pleadings under Order VI, Rule 17 Code of Civil Procedure read with Rule 28 of Civil Rules of Practice. Since common questions of law and fact are involved they are being disposed of by a common order.2. Respondent Nos.1 to 3, who are the landlords, filed eviction petitions against five different tenants, who are the revision petitioners herein, contending that they purchased the building consisting of several portions which are in occupation of the aforesaid tenants by a registered sale deed dated 7-12-1984 as members of Joint Hindu Family. The eviction petitions were dismissed by the Rent Controller, Vizianagaram...
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