Court : Andhra Pradesh
Decided on : Nov-06-1990
Reported in : AIR1991AP194; 1991(1)ALT207
ORDERSardar Ali Khan, J.1. In this batch of writ petitions the common prayer is that the respondents should be directed, by a writ of mandamus, to implement Rule 9(4) of the rules issued in G.O. Ms. No. 62, Education (Rules), dated 10th February, 1989 and to admit the petitioners into the Medical, Engineering or Agricultural Course, as the case may be, for the academic year 1990-91, subject to eligibility and merit, under thecategory of 'Children of Ex-Service and Defence Pesonnel.'2. The basic question that arises for consideration in this batch of writ petitions is the rule of reservation of 4% for the children of ex-servicement and defence personnel, including the children of Border Security Force and the Central Reserve Police Force residing in Andhra Pradesh. It may be mentioned here itself that the above said rule is in conflict with the several other rules made by the different Universities fixing 1% reservation for the children of ex-servicemen and defence personnel, issued in ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-05-1990
Reported in : [1991]72CompCas588(AP)
..... .c. of india v. escorts ltd. : 1986(8)ecc189 . in escort's case, an argument was urged that inasmuch as the life insurance corporation was an instrumentality of the state, it is debarred by article 14 from acting arbitrarily. it is obligatory upon the corporation, it was contended, to disclose the reasons for its action complained of, viz., its requisition to call an extraordinary general meeting of the company ..... . 198-199 of air):'section 73-b (of maharashtra co-operative societies act) provides a legislative mandate. rule 61 has a status of subsidiary legislation or delegated legislation. bye-law of a co-operative society can at best have the status of an article of association of a company governed by the companies act, 1956 and as held by this court ..... with the code, the panel on takeovers and mergers was performing a public duty when prescribing and administering the code and its rules and was subject to public law remedies. accordingly, it was held that an application for judicial review would lie in an appropriate case. the approach to be adopted in such cases, it was stated by sir john donaldson, m.r., is 'to recognize the realities of executive power'. this is ..... like a contract of service.we do not think either of the decisions lays down any such proposition. we shall first take up rudani.43. in rudani : (1989)iillj324sc , the claim of the teachers against the educational institution was for terminal benefits and arrears of salary payable. they were not seeking reinstatement .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-21-1990
Reported in : (1992)ILLJ653AP
Sardar Ali Khan, J. 1. This writ appeal is directed against the order passed by a learned single Judge in W.P. No. 12807 of 85, dated October 31, 1988, confirming the order of the Labour Court in S.A. No. 21/84 dated October 8, 1985. 2. It would be in the fitness of things to narrate a few salient facts to high-light the controversy arising in the matter. 3. The petitioner prayed for the issue of a writ of certiorari or any other appropriate writ or direction and to quash of the 1st respondent-Labour Court passed in S.A. No. 21/84 dated October 8, 1985. He also prayed for a consequential direction to the Anglo-French Drug Co. (Eastern) Ltd., 3rd respondent-employer to reinstate him into service with full back wages and other attendant benefits in accordance with the order of the 2nd respondent, the authority under Section 41 of the A.P. Shops and Establishments Act (Act 15 of 1966), herein after referred to as 'the Act' passed in S.E. No. 174/83. 4. The undisputed matrix of facts is as...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-02-1990
Reported in : AIR1991AP141
ORDERJeevan Reddy, J. 1. These Writ Appeals are preferred against a common judgment of a learned single Judge, G. Radha-krishna Rao, J., partly allowing a batch of writ petitions filed by a number of industries. The writ petitioners are consumers of electricity. They fall in the category of High Tension (Industrial) Consumers. They challenged the revision of tariffs in B.P. Ms. No. 671, dated 10-6-1987 (with effect from 15-7-1987), as well as the further revision of tariffs in B.P. Ms. No. 353, dated 15-4-1989 (given effect from 1-6-1989). Both the respondent-Electricity Board and the writ-petitioners have filed appeals against the judgment of the learned single Judge.2. The A. P. State Electricity Board is constituted under Section 5 of the Electricity (Supply) Act, 1948 (hereinafter referred to as 'the Act'). Section 49 empowers the Board to classify/categorize the consumers having regard to the several factors mentioned in sub-section (2) thereof, and to fix different tariffs for th...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-06-1990
Reported in : 1991CriLJ1619
ORDER1. The twin questions to which this revision gives rise to are : 1. Whether the period prescribed for purposes of filing a complaint under S. 140 of the A.P. Gram Panchayats Act is repugnant to the one prescribed under S. 468 of the Code of Criminal Procedure so as to render the former provision void and 2. Whether it is the period of limitation prescribed under S. 140 of the Gram Panchayats Act or under S. 468 of the Code of Criminal Procedure that is applicable for offences under the A.P. Gram Panchayats Act 2. A complaint was filed under the provisions of the A.P. Gram Panchayats Act by the respondent against the petitioner herein alleging that the latter has failed to hand over the entire records of the Gram Panchayat, which constitutes an offence under S. 221(a) of the Gram Panchayats Act. The punishment for this offence as prescribed by S. 221(b) of the Act is only an imposition of fine. The submission of the petitioner is that the offence complained of being one punishable ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-18-1990
Reported in : 1991(3)ALT433
Sardar Ali Khan, J.1. This batch of Writ Petitions concerns the appointment of a person or persons-in-charge till the elections are conducted to the various Co-operative Societies with consequential suitable directions to the respondents to refrain from appointing such person or persons replacing the Managing Committees till the elections are conducted.2. With the exception of a few writ petitions, field before the passing of Ordinance No. 5 of 1990, dated June 30, 1990, all the other writ petitions challenge the provisions of the said Ordinance No. 5 of 1990, dated June 30, 1990 as being totally unconstitutional and void and fit to be struck down as such. The common prayer in all the writ petitions is to allow the elected Managing Committees of the petitioner-Societies to continue till properly elected bodies take over the Management.3. In view of the common questions of fact and law, involved in the matter, we have heard the batch of writ petitions together and are of the opinion tha...
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