Court : Andhra Pradesh
Decided on : Sep-20-2001
Reported in : 2001(6)ALT373
ORDERS.B. Sinha, C.J.1. This Civil Revision Petition is directed against an order dated 31-3-1998 passed by the Principal District Munsif, Kavali in E.P. No. 15 of 1994.2. The decreeholder is the petitioner. He filed the aforementioned Execution Petition for executing the decree passed in his favour in O.S.No. 256 of 1986. The decree-holder filed an application under Order XXI Rules 37 and 38 read with Section 55 of the Code of Civil Procedure (hereinafter referred to as 'the Code' for the sake of brevity) praying for arrest of the respondent/ judgment-debtor for realisation of the decretal amount, inter alia, on the ground that the judgment-debtor has an annual income Rs. 50,000/- and also cash of Rs. 50,000/-. A counter was filed by the respondent/judgment-debtor denying and disputing the aforementioned allegations and he stated that he is merely in possession of Ac. 1-66 cents of dry land in Konda Bitragunta, which he had been cultivating personally for the purpose eking out his liv...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-27-2001
Reported in : 2001(4)ALD368; 2001(3)ALT366
ORDERS.B. Sinha, C.J. 1. These appeals and the writ petitions involve the question as regards vires of the A.P. (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act 2 of 1994 as amended by Act 3 of 1998 and Act 27 of 1998 inter alia on the ground that the judgment of this Court as affirmed by the Supreme Court of India has been sought to be overruled by taking recourse to legislative action. The Apex Court in State of Haryana v. Piara Singh, : (1993)IILLJ937SC , has asked the respective State Governments to frame a scheme for regularisation of ad hoc, temporary and NMR employees. The State assured before the Supreme Court that a scheme is going to be formulated for regularisation of the daily wage employees. In terms of observations made by the Apex Court, the Government of Andhra Pradesh issued G.O. Ms. No.212, Finance and Planning, (FW.PC III) Department, dated 22-4-1994 whereby and whereunder the services of temporary employees a...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-23-2001
Reported in : 2002(4)ALT815
ORDERBilal Nazki, J.1. Heard the learned counsel for the petitioner as well as the learned standing counsel for Lokayukta. Respondent No.3 has not chosen to appear.2. In a complaint filed by the respondent No.3 before the Upa Lokayukta a notice has been given to the petitioner asking him to appear before the Lokayukta. The complaint filed against the petitioner is with respect to Group Saving Linked Insurance Scheme of 1986. This writ petition has been filed on sole ground that Lokayukta has no jurisdiction to entertain complaints against the Life Insurance Corporation which is a Corporation created under the Central Act. In terms of Section 2 (K) (V) (2) of the Andhra Pradesh Lokayukta and Upa-Lokayukta Act, 1983 (for short 'the Act') the Lokayukta has jurisdiction to entertain complaints against any Corporation (not being a local authority) established by or under a State Act and owned or controlled by the Government. Under Section 2 (e) of the Act the Government is defined as the St...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-18-2001
Reported in : [2002]110CompCas193(AP)
..... general body at its meeting held on april 21, 1994, is in contravention of section 284 of the act.307. counsel for the respondent strenuously contended that the shareholders cannot be restrained from calling a meeting and they are not bound to disclose the reasons while calling for an extraordinary general body meeting to move a resolution for removal of some directors and appoint others in their place, nor the reasons for the resolutions are subject to judicial review by placing reliance on life insurance corporation of india's case : 1986(8)ecc189 . their lordships of the supreme court in para ..... subject: authority to invest surplus funds in government securities and shares of company : resolution : resolved that pursuant to the provisions of section 292(1)(d) and (2) and other applicable provisions of the companies act, 1956, sri k.v.r. choudary, managing director and sri k. sarathi, joint managing director be and are hereby severally authorised to invest funds of the company in fixed/term deposits with banks, body corporate and in shares and/or debentures (convertible and non-convertible) of companies and other government securities (central or state or semi-government ..... balance-sheets of s. r. m. t.piston pins19801994-951996-97setsproductionin nos.setsproductionin nos.setsproductionin nos.(1)(2)(3)(4)(5)(6)(7)opening stock2931,20,2046572,42,7252,6121,43,424production20,034 40,454 23,904 6 6 6sales20,327 41,111 26,516 closing stock18,363 24,861 24,223 1,964 16,250 2,293 1,964 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-20-2001
Reported in : 2002(2)ALT193
ORDERS.R. NAYAK, J.1. Sri T. Ramakrishna Rao, a learned member of the A.P. High Court Bar addressed a letter dated 13-12-1998 to the Hon'ble the Acting Chief Justice of this Court and also to the Hon'ble Chairman, Legal Services Authority, High Court of Andhra Pradesh, Hyderabad. It reads :--'It has been reported by Sri T. Sunil Reddy, in the Indian Express Supplement dated 28-11-1998 under the caption 'A victim of urbanization' that Durgam Cheruvu at Jubilee Hills has been named in the INTECH award this year for its natural beauty and scenic surroundings situated amidst the famous deccan rock formation. Durgam Cheruvu once served as the main source of drinking water for Golconda Fort and the Government plans to use its beautiful environs to promote tourist activity in the State. While innumerable colonies sprang up in and around the lake's vicinity, letting out their sewage into natural water body and the construction activity in the surrounding areas is destroying the rock formation....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-22-2001
Reported in : 2001(2)ALD266; 2001(2)ALT419
ORDER1. This writ petition is filed to issue a writ or direction quashing the proceedings of the respondent in Roc No.APWF/419/92 dated 2-12-1992 and for a consequential direction to grant the death benefits of late Sri Shaik Mahaboob, Advocate, Guntur entitled under the Andhra Pradesh Advocates Welfare Fund Act, 1987 to the petitioners with interest from June, 1989 and costs.2. The first petitioner is the daughter, second petitioner is the son and the third petitioner is the wife of the deceased Shaik Mahboob, Advocate.3. It is stated that late Shaik Mahaboob practiced as an Advocate at Guntur and he was the member of Guntur Bar Association. He died on 8-2-1990. Before his death, he paid the admission fee and also the subscription in June, 1989 for enrolment as member under the provisions of A.P. Advocates Welfare Fund Act, 1987 (for short 'the Act') and he submitted the necessary application in his behalf as prescribed by the Bar Council.4. It is stated that the first petitioner bein...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-18-2001
Reported in : 2001(5)ALD679; 2001(5)ALT410
S.B. Sinha, C.J. 1. The vires of subsection (3) of Section 19 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994), hereinafter referred to as 'the Act' for the sake of brevity, falls for consideration in this writ petition.2. The fact of the matter lies in a very narrow compass. The petitioners have filed their nominations for contesting to the post of Sarpanch and their nominations have not bee accepted on the ground that a person who is having more than two children is disqualified from contesting the election. The case of the petitioners is that the first petitioner was married in 1988 and he got three children and the second petitioner was married in 1986 and he had four children.3. Mr. S. Ramachandra Rao, the learned Counsel appearing on behalf of the petitioners, submits that having regard to the fact that the persons having more than two children are entitled to contest the election to the Legislative Assemblies and Parliament, the restriction imposed in terms of s...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-16-2001
Reported in : 2001(3)ALD297; 2001(3)ALT146
ORDER1. This batch of writ petitions may be disposed of by a common order since common questions of law and fact arise for consideration. 2. The petitioners seek a writ of mandamus declaring the action of the respondents in terminating the Rajlakshmi Unit Scheme-1992 as illegal, arbitrary and violative of principles of natural justice. The petitioners pray for a consequential direction directing the respondents to continue the scheme. 3. The Unit Trust of India (UTI) launched a scheme known as 'Raj Lakshmi Unit Scheme, 1992 (RUS-1992)' (for short 'the Scheme') as an exclusive scheme for the benefit of women. The scheme itself is proclaimed to be a tribute by the UTI to women. The Scheme is meant for all those who care for her future, when she would enter the most critical phase of her life, around the age of 21 and encounters challenges of marriage, entry and adjustment in a new household, motherhood and economic independence. This Scheme is intended to meet the critical financial need...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-02-2001
Reported in : 2001(2)ALD110; 2001(2)ALT229
ORDERA. Gopal Reddy, J.1. The sole question that arises for consideration in thisrevision petition filed under Article 227 of the Constitution of India is, whether Section 5 of the Limitation Act, 1963 is applicable to an election petition filed under Section 71 of the Hyderabad Municipal Corporation Act before the Election Tribunal.2. Briefly stated the facts are those: The first respondent who lost the election as Member from Ward No.32 in Vijayawada Municipal Corporation held on 9-3-2000 which results were declared on 11-3-2000 challenged the election of the petitioner as such under Section 71 of the Hyderabad Municipal Corporation Act (for short 'HMC Act') by way of election petition before the Election Tribunal constituted under Section 75, for trial of election petitions under Municipal Corporation of Hyderabad (Election of Mayor, Members and Election Petitions) Rules, 1987 (for short 'the Election Rules, 1987). Initially, she filed election petition before the District Judge, Kr...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-02-2001
Reported in : AIR2001AP236; 2001(2)ALT299
S.R. Nayak, J.1. The only question that arises for our consideration and decision in these Writ Appeals and Writ Petitions is whether cancellation of admission of the petitioners/appellants to B.Ed, course during the Academic year 1999-2000 by the Principal, Government Institute of Advanced Study in Education (for short, 'IASE'), Masab Tank, Hydrabad, the common 4th respondent in these writ appeals and writ petitions, is legal and justified in the facts and circumstances of the case.2. Writ Appeal No. 19 of 2000 is directed against the interim order dated 29-12-2000 passed by the learned single Judge of this Court in WPMP No. 33525 of 2000 filed in W.P. No. 26348 of 2000 refusing to suspend the proceedings of the 4th respondent dated 23-12-2000, whereby and whereunder the admissions of the petitioners/appellants are cancelled. Writ Appeal No. 6 of 2000 is directed against the interim order passed by the learned single Judge dated 29-12-2000 in WPMP No. 33620 of 2000 filed in WP No. 264...
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