Court : Andhra Pradesh
Reported in : 1993(2)ALT610
..... beyond the pale of permissible regulations and trenched on the offending sphere of restrictions on the fundamental right. we are of the opinion, that the rule is well within the border land of regulation of the right sanctioned by judicial decisions.'60. there is yet another aspect which requires close scrutiny. the state government made andhra pradesh minority educational institutions (establishment .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALD574; 2001(5)ALT494
ORDER1. The petitioner at the relevant point of time was serving as Vice-President (Finance) in the establishment of M/s. Andhra Pradesh Paper Mills Limited, the 1st respondent in the writ petition. In this writ petition the petitioner has assailed the validity and legality of the Order No. CPD/Estt/97, dated 30-9-1997 accepting the resignation of the petitioner submitted on 30-9-1997 and the order dated 15-10-1997 terminating the services of the petitioner as General Manager (Finance).2. The background facts leading to the filing of this writ petition, as stated by the petitioner in the affidavit, be noted briefly as under: The petitioner is a qualified Chartered Accountant having had extensive and wide exposure as a Senior Finance Executive in Multinational companies and as also in public sector companies both in Central and State sector. The petitioner was selected as Deputy General-Manager (Finance) to serve in the establishment of the 1st respondent in September, 1988 through All ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007CriLJ1204
..... show that the complaint is malafide, frivolous or vexatious, there would be no justification for interference by the high court. when an information is lodged at the police station, and an offence is registered, it is the material collected during the investigation and evidence led in court which decides the fate of the accused. (zandu ..... high court does not conclude, as it could not have, that the allegations in the complaint do not disclose a cognizable offence justifying an investigation by the police officer. the conclusion of the high court that the complaint was false, vexatious and frivolous is based on the material produced by the respondents. one fails to ..... of no consequence. except mention of the words 'deceive' and 'cheat' in the complaint filed before the magistrate and 'cheating' in the complaint filed before the police, there is no averment about the deceit, cheating or fraudulent intention of the accused at the time of entering into mou wherefrom it can be inferred that the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(3)ALD715
..... is no and there cannot be any unreviewable decision, be it the exercise of sovereign power, be it the exercise ofprerogative power, be it the exercise of legislative powers or police powers or powers of taxation. all decisions are susceptible for judicial review subject to limitations. in the indian context, having regard to the unique role assigned to the judiciary, and ..... the jurisdictional facts. in such circumstances, there are cases, which present complexities. what are the tests to be applied in such cases?41. in chief constable of the north wales police v. evans, (1982) 3 all er 141, the celebrated oft-quoted illuminating passage from the opinion of lord brightman is as under:'i turn secondly to the proper purpose of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(6)ALD63
..... fide, frivolous or vexatious, in that even there would be no justification for interference by the high court.(4). when an information is lodged at the police station and an offence is registered, then the mala fides of the informant would be of secondary importance. it is the material collected during the investigation and ..... disapproved judicial intervention in the investigation of criminal cases. kuldip singh, j., expressed his opinion in the following words:when the information is lodged at the police station and an offence is registered, the mala fides of the information would be of secondary importance. it is the material collected during the investigation which decides ..... where the allegations in the first information report and other materials, if any, accompanying the fir do no disclose a cognizable offence, justifying an investigating by police officers under section 156(1) of the code except under an order of a magistrate within the purview of section 155(2) of the code.(3). where .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2006AP212
P.S. Narayana, J.1. This Appeal is preferred by the unsuccessful defendants in O. S. No. 28/87 on the file of II Additional Subordinate Judge. Kaklnada. The respondent herein, the plaintiff in the suit filed the suit for specific performance of the agreement of sale dated 4-2-1984 or in the alternative for partition of the schedule property and for allotment of the respective shares or in the alternative relief of refund of an amount of Rs. 2500/- and for costs. The learned Judge on the strength of the respective pleadings of the parties having settled the issues, recorded the evidence of PW--1 and PW-2, DW-1 to DW-3, marked Exs. A-1 to A-7 and Exs. B-1 to B-9 and recorded findings that the condition relating to the approval of plan or the approval of layout had not been complied with by the appellants/ defendants and hence there was some delay and the respondent/plaintiff was ready and willing to perform her part of the contract and further findings had been recorded relating to the c...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(5)ALT69
..... on the agreement of sale. in the year 1983, r-1 trespassed into the schedule property. as such p.w.2 filed a complaint against the r-1 in the police station, banjara hills. on the basis of the said complaint, proceedings under section 145 cr.p.c. were initiated against r-1 by the executive magistrate, hyderabad. while proceedings under .....
Tag this Judgment!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
Common Judgment: (Dilip B. Bhosale, ACJ.) 1. Heard learned counsel for the parties. Rule. By consent of learned counsel heard forthwith. 2. Principally, two prayers have been made in these petitions, first, to declare that Sections 8, 10, 11 and 13 of The Mines and Minerals (Development and Regulation) Amendment Act, 2015 (for short the Amendment Act') notified in the extraordinary gazette dated 27.03.2015 and brought into effect on 12.01.2015, are unreasonable, arbitrary and unconstitutional being violative of Articles 14, 19(1)(g), 39, 300(A) and 301 of the Constitution of India, and second, a direction to the respondents to complete processing of their applications for prospecting licences made in accordance with the provisions of Mines and Minerals (Development and Regulation) Act, 1957 (for short the Principal Act') as available prior to the date of the Amendment Act came into effect. 3. The petitioners in these petitions had applied for prospecting licence-cum-mining lease under ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD468
ORDERV. Eswaraiah, J.1. The petitioner is a Lieut Colonel (in brief Lt. Col.) in Army. He submits that he maintained spotless record throughout his service and his seniors have always appreciated his performance. He was never Counselled or warned by any of his Initiating/Reviewing Officers while writing his Annual Confidential Reports (ACRs) for any shortcomings/lapses during his entire service of 24 years so far.2. He is aggrieved of the order of Selection Board of the Army dated 18-6-2002, which was communicated by the second respondent to him, stating that the case of the petitioner has been considered by No. 3 Selection Board for promotion to the rank of acting Colonel as a final review case of 1979 batch. The petitioner has not been empanelled for promotion based on his overall service profile and comparative batch merit. The petitioner having been empanelled on three occasions, he is not eligible for further promotion under the existing rules. Aggrieved by the said order of non s...
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