Court : Andhra Pradesh
Reported in : 1998(4)ALD545
ORDER1. The petitioner's claim for appointment as Conductor in the respondent-Corporation was negatived by the Corporation on the ground that she is found to be under height and this is the second round of litigation. The facts leading to filing of this case are: for the first time the respondent-Corporation has taken a Policy decision to recruit women as Conductors to the extent of 33% in consonance with the Policy of the Government in all the services. Thereafter, the Regional Manager, Nalgonda sent requisition to all the Employment Exchanges in the Nalgonda Zone to sponsor the eligible candidates both men and women for appointment as Conductors Grade-Ill as per the qualifications specified in the requisition. It is not in dispute that the petitioner's name under the women category was also sponsored by the Employment Exchange, Nalgonda and the respondent-Corporation seemed to have sent a call letter dated 10-12-1996 directing her to appear for interview on 25-01-1997. On the date of...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(1)ALT243; 2009CriLJ1470
ORDERV.V.S. Rao, J.1. M/s. TVS Electronics Limited (TVS Electronics, for brevity) and their General Manager filed instant writ petition questioning communications of respondents 4 and 5 (Inspectors of Legal Metrology, Tenali and Vijayawada respectively) informing that petitioners have committed offences under Section 39 of the Standards of Weights and Measures Act 1976 (for brevity, the Act) and Rule 23(1) of the Standards of Weights and Measures (Packaged Commodity) Rules 1977 (hereafter, Package Rules) punishable under Section 67 and Rule 39(1) of Package Rules. By impugned communication, petitioners were also informed that alleged offence is compoundable under Section 73 of the Act. If petitioners so desire, it was advised; they may pay necessary compounding fee within fifteen (15) days. Petitioners contend that the Act and Package Rules have no application to electronic printers (inkjet/laser/DOT Matrix printers etc) manufactured and marketed by them and that impugned communication...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(6)ALD403; 2004(6)ALT76
B. Sudershan Reddy, J.1. These writ appeals and writ petitions involve common questions of law that arise for our consideration and therefore, they are being disposed of by a common judgment.2. The petitioners in all these writ petitions were granted IL-24 licences under the provisions of the Andhra Pradesh Indian Liquor and Foreign Liquor Rules, 1970, (for short 'Rules 1970').3. The licensing authority in exercise of the power conferred under Section 31 of the Andhra Pradesh Excise Act, 1968 (A.P. Act 17 of 1968) (for short 'Act 17 of 1968') had suspended the licences of some of the petitioners in this batch of writ petitions on the ground that during the course of inspection, the licensees were found selling various items of Indian made foreign liquor at a price higher than the recommended maximum retail price (for short 'RMRP'). The allegation is that the Indian made foreign liquor was being sold at a price higher than the RMRP, which constitutes violation of the provisions of the A...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD210; 2002(1)ALD(Cri)137; 2002(1)ALT611; 2002CriLJ1105
..... , coca leaf or manufactured drug as defined in section 2 of the narcotic drugs and psychotropic substances act, 1985 (central act 61 of 1985). 49. thus, jaggery is not even ..... been said of constitutional interpretation is equally validfor interpretation of statutes. 'legislative standards are couched in general terms purposefully designed to embrace circumstances unforeseen at ..... this writ petition was filed on 16.1.2001 praying for a declaration that registration of crimeand seizing the vehicle and jaggery is illegal and arbitrary. 16. in wp.no. 22705 ..... intent of the legislation has hitherto been the beacon for the interpreter. this has in abundant measure given place to identification of the contemporaneous content of the legislation. the accelerating pace of change ..... . (3) the court will so resolve a significant uncertainty of meaning even against the weight of probability. (4) the court will adhere closely to the literal meaning of the statute and ..... accused in the station registered the case. original panchanama and remand report for judicial remand. 17. the petitioner filed the writ petition on 21.11.2000 praying for a writ ..... vacuum on procedural aspects may be filled up by regulatory framework by the authorities entrusted with enforcing the excise act. satyabrata sinha, c.j. 1. in ..... jurisdiction and as a logical corollary vitiates the conviction. we feel that both sections 53 and 54 contain valuable safeguards for the liberty of the citizen in order to protect them fro .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD582; 2001(6)ALT433
V.V.S. Rao, J.1. The petitioner is a statewide Association. It is registered and established under the Societies Registration Act, 1860 with the object of safeguarding the rights of the persons belonging to Scheduled Tribes and espouse their cause in regard to their employment. Complaining fraud and misrepresentation the association filed this writ petition praying for a writ of or in the nature of Mandamus, holding that the appointment of the first respondent herein to the post of District and Sessions Judge, is void, unconstitutional, and also for a prayer to set aside the same.2. When the writ petition was listed before this Full Bench on 27-3-2001, it was brought to our notice that the first respondent filed W.P No. 18031 of 1999 questioning a show cause notice dated 16-8-1999, issued by the Mandal Revenue Officer, Parvathipuram (MRO), calling upon him to show cause as to why his application forissuance of Caste Certificate to his children and other family members as belonging to '...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(3)ALD370; 2006(3)ALT433
P.S. Narayana, J.1. The question of the power of the Andhra Pradesh Administrative Tribunal (in short hereinafter referred to as 'A.P.A.T.') to condone the delay beyond the period specified under Rule 17 of the Andhra Pradesh Administrative Tribunal (Procedure) Rules, 1989 (in short hereinafter referred to as 'Rules' for the purpose of convenience) beyond the period of 30 days specified had been referred to the Full Bench in the light of the decision of yet another Full Bench in G. Narsimha Rao v. Regional Joint Director of School Education, Warangal and Ors. : 2005(2)ALT469 (FB), wherein it was held that A.P.A.T. has no jurisdiction to condone delay in filing review application in the light of the language of Rule 19 of the Rules.2. Several writ petitions are being filed as against the orders of A.P.A.T. wherein the applications moved beyond time under Rule 17 are being dismissed on the ground that A.P.A.T. has no power to condone delay beyond the specified period.3. Sri Rama Rao, the...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1996AP413; 1996(2)ALT757; [1999]96CompCas645b(AP)
ORDERP.S. Mishra, J. 1. These petitions under Art. 226 of the Constitution of India have in general questioned admission as members several persons in the Hyderabad Stock Exchange Limited. The Exchange, it is not in dispute, is a public limited company. It is, however, recognised by the Securities and Exchange Board of India (SEBI) as a Stock Exchange on its willingness to comply with the conditions under the Securities Contracts (Regulation) Act, 1956 and is thus subject to the control and regulations relating in general to its constitution and in particular, besides other items, to the admission into the Stock Exchange of various classes of members, the qualifications for membership and the exclusion, suspension, expulsion and re-admission of members therefrom or thereinto. The Exchange in its extraordinary General Body Meeting, on 24-8-1992, however, introduced an amendment to its Articles of Association and increased the maximum number of members from 200 to 300. In another General...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALT611
..... act after due registration under section 3 of the act;ii) the registration of arcil under section 3 of the act is liable to be cancelled for any of the reasons provided therein;iii) arcil is prohibited under section 9 from taking any measures for asset reconstruction except as per guidelines framed by the reserve bank of india in this behalf;iv) arcil is prohibited under section 10(2) of the act ..... all or any securitisation company or reconstruction company in matters relating to income recognition, accounting standards, making provisions for bad and doubtful debts, capital adequacy based on risk weights for assets and also relating to deployment of funds by the securitisation company or reconstruction company, as the ..... delivery in this option shall be subject to the applicable law and the procedure involved and more particularly under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 and/or the recovery of debts due to banks and financial assets act, 1993 and rules made thereunder. it may be noted that if ..... 1) j.s. davar v. shankar vishnu 1967 bombay 4576 (v 54 c 98), (2) balakrishan v. swadeshi polytex ltd. : [1985]2scr854 , (3) bharat synthetics ltd. v. bank of india (1995) vol. 82 ..... his family members. a copy of the said order of the learned company judge also had been placed before this court.17. in the counter affidavit filed by the 6th respondent, it is stated that the 6th respondent is neither a necessary nor proper party .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT71
ORDERVilas V. Afzulpurkar, J.1. In this batch of cases the question posed for consideration is regarding the validity of AP Act 9 of 2008, which amended the Hyderabad Municipal Corporations Act, 1955 (for short 'HMC Act'), Andhra Pradesh Municipalities Act, 1965, Vijayawada Municipal Corporation Act, Visakhapatnam Municipal Corporation Act, Andhra Pradesh Municipal Corporations Act, 1955 and the Andhra Pradesh Urban Areas (Development) Act, 1975 and G.O.Ms. No. 901 dated 31.12.2007 issued thereunder.2. By the aforesaid amendment Act the HMC Act was amended by inserting Sections 452-A, 455-A and 455-AA apart from substituting Schedule U and V of the HMC Act. Similarly, with respect to the other allied Acts, in the Andhra Pradesh Municipalities Act, 1965, Section 218-A was inserted and in the Andhra Pradesh Urban Areas (Development) Act, 1975 under Section 2h(h) high rise buildings was defined and Sections 41 and 43 were amended by inserting sub-sections. Further, Section 46 was substitu...
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1986)ILLJ145AP
Introduction :- 1. Sodam Kohinoor was married to Sodam Prasadarao and has three minor children. The husband is an employee of M/s. Bharat Heavy Plates and Vessels Limited, Visakhapatnam, which is a wholly Government owned and controlled company and is, therefore, an instrumentality of the State, within the meaning of Part III of the Constitution. The husband took on lease from that company, presumably on subsidised rates, quarters No. F-134 owned by that company where he set up his family. While the husband and wife were living together in that quarters which was made their matrimonial home by the apparent consent of the company, differences developed between them, leading to their estrangement and finally to the wife going to a court charging her husband with criminal neglect to maintain her and her three minor children. The Judicial First Class Magistrate, Kovvur, who inquired into that Charge in M.C. No. 70/80 upheld the wife's contention and granted maintenance decree. Under that o...
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