Court : Andhra Pradesh
Decided on : Oct-15-1976
Reported in : (1977)IILLJ487AP
Sambasiva Rao, J.1. The first and the principal point that wan debated before us in writ appeal is about the correctness of Harijander Singh v. Kakatiya Medical College (1974) 1 A.L.T. 192 A.I.R. 1975 A.P. 35. Sri Shiv Shanker appearing for the appellant has mounted a severe criticism on the correctness of the view taken by the Full Bench in that case and said that in any event it has ceased to be good law in view of what the Supreme Court decided in later cases. Though other questions did arise, this point occupied substantial portion of the arguments.2. This is how the matter arose. The appellant is the Osmania College, Kurnool, represented by its correspondent. It is affiliated to Sri Venkateswara University, Tirupati, which is the 4th respondent. There is no dispute that it is an institution of a minority community which gets the protection of Article 30 of the Constitution It is recognised by the Government of Andhra Pradesh and has been receiving full teaching giant Respondents 1...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-21-1976
Reported in : (1978)IILLJ281AP
A. Sambasiva Rao, A.C.J.1. In this Letters Patent Appeal a question relating to Section 21 of the Code of Civil Procedure is raised, in addition to the point relating to the merits of the claim made by the appellant. The unsuccessful plaintiff before Chinnappa Reddi, J., in C.C.C.A. No. 26 of 1971 has filed this Letters Patent Appeal2. He filed the suit to recover a sum of Rs. 5,431 towards arrears of subsistence allowance due and payable to him from 14th October, 1963 to 14th April, 1966. He claimed interest on that amount. The defendant was the Union of India, since the plaintiff was an employee in the Railways of the Union of India. The trial Court decreed the suit only for Rs. 3,787-30 with proportionate costs. In the defendant's appeal, Chinnappa Reddi, J., set aside that decree and ruled that the trial Court had no territorial jurisdiction to entertain the suit and consequently dismissed it. The plaintiff has brought this Letters Patent Appeal.3. The events which have happened be...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-23-1976
Reported in : (1979)ILLJ16AP
Kondiah, J.1. The petitioner-company seeks to quash the award of the Industrial Tribunal, Central, Hyderabad, dated 26th August, 1975, in Industrial Dispute No. 8 of 1970 directing M. Viswanath, the 1st respondent herein, to be reinstated as an accountant in the company.2. The services of the 1st respondent, who was working as an accountant in the petitioner-company, have been terminated by the company with effect from 2nd September, 1968. The Government of India referred the question of the validity and justification of his dismissal to the Industrial Tribunal, the 2nd respondent herein. The case was registered as Industrial Dispute No. 8 of 1970 wherein it was held that the dismissal was not justified as it was in contravention of the provisions of Section 40 of the Andhra Pradesh Shops and Establishments Act. It was, however, held that he was not entitled to reinstatement but was awarded a compensation of Rs. 4,887-50 together with a sum of Rs. 425 in lieu of reinstatement on the gr...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-01-1976
Reported in : AIR1977AP322
Alladi Kuppuswami, J.1. I have gone through the Judgment of my learned brother Venkatarama Sastry, J., which is about to be delivered and I agree with him that the Writ Appeal has to be dismissed. I would like however, to add a few words of my own.2. Bye-law 20 of the Agricultural Market Committee, Guntur which prescribes the fees for the licence to be obtained by persons dealing in notified agricultural produce, live-stock or products of live-stock. Persons whose turn-over does not exceed Rs. 300/- on any single day are exempt from taking out a licence. In regard to other cases the licence fee varies according to the scale fixed with reference to the turnover.3. Under Section 7(1) of the Andhra Pradesh (Agricultural Produce and Live-stock) Markets Act, 1966 (referred to in this Judgment as the Act) no person shall within a notified area set up, establish or use etc. any place for the purchase, sale etc. of any notified agricultural produce or products of live-stock except under and in...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-05-1976
Reported in : (1977)ILLJ54AP
Punnayya, J.1. This appeal is directed against the order passed by the Judge, Employees' Insurance Court, Hyderabad in E.I. case No. 9 of 1972. Andhra Pradesh State Electricity Board who is the petitioner in the lower Court is the appellant herein.2. The Employees' State Insurance Corporation. Hyderabad respondent, demanded the appellant to deposit a sum of Rs. 646.80 towards employer's special contribution and a sum of Rs. 3,452.84 towards employees' contribution for the period from I. 10.1968 to 31-3-1971. But the appellant failed to deposit the same and hence the respondent-Corporation moved the District Collector, Karimnagar to recover these amounts under the Revenue Recovery Act as arrears of land revenue.3. The District Collector, therefore, issued a show-cause notice on 26-4-1972 to the appellant calling upon them to explain as to why the property of the appellant should be attached for the realisation of the said amounts. The appellant submitted an explanation stating that the ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-23-1976
Reported in : AIR1977AP178
..... section (1) of section 3 of the state reorganisation act, 1956 and 'andhra area' means the territories of the state of andhra pradesh other than the telengana area. this explanation comes into play when the expression 'telengana area' or 'andhra area' occurs in the provision of law falling for construction or consideration. the provisions of law as extracted above not make any mention about the expressions either telengana area of andhra area. therefore i am of the opinion that explanation iv has absolutely no impact upon the interpretation applicable ..... ownership are assigned by law to promote the grand ends of civil society; the title to the earth lies in mankind in the people as a corporate community;' that of jeremy bentham that 'rights are the fruits of law and of the law alone'; and that of immanuel kant tha ..... more particularly concerned with the weak and the exposed notably in the fields of health, housing, national insurance, supplementary benefit, in all of which one finds significantly the role of the traditional courts and ..... . we shall bear in mind some basic postulates of the constitution before we answer the question posed.43. i. people are sovereign:the constitution was enacted by the people and it is for the sake of the people. the people are not ..... right.93. undoubtedly, a more positive approach is now called for from the law to the problems of daily life, if only because a more positive contribution in terms of money and administration help is called for from the .....
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