Andhra Pradesh Court October 1954 Judgments
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In Re: Khalandar Saheb
Court: Andhra Pradesh
Decided on: Oct-29-1954
Reported in: AIR1955AP59; 1955CriLJ581
(1) The accused has been convicted by the Assistant Sessions Judge of Anantapur under S. 366, Penal Code, and sentenced to simple imprisonment for two years. On appeal, the Sessions Judge of Anantapur confirmed both the conviction and the sentence. The accused has preferred this Criminal Revision Petition against the judgment of the Sessions Judge.(2) In a criminal revision, it is not permissible to canvass the findings of facts arrived at by the Courts below. The facts found may, therefore, be accepted and breifly stated. The accused is a young Muslim. He was a country doctor and was treating the wife and daughter of one Venkayya, a resident of the village of Kanekal. During his visit to Venkayya's house, he had become intimate with his daughter Venkayamma aged 15 or 16. On, or about 7.8.1952, when she had gone out to answer cails of nature, by the side of the house of the accused, he caught hold of her and had a forced sexual intercourse with her. On 10.8.1952 when she again went by ...
In Re: Desi Raju Vendata Krishna Sarma
Court: Andhra Pradesh
Decided on: Oct-29-1954
Reported in: [1955]25CompCas32(AP); 1955CriLJ332
ORDER(1) The petitioner is a Managing Director of a Company called Messra, Uplands Trading Company Limited, Brodlepet, Guntur. A complaint was filed before the Additional First Class Magistrate No. 1, Guntur, by the Assistant Commercial Tax Officer, Guntur, against the petitioner and other directors of the said company for failure to pay sales tax for the year 1948-49, an offence punishable under S. 15 (b), Madras General Sales Tax Act. The case against them was that the company exported groundnut oil through Messra. Raleigh Brothers, and in respect of that transaction, sales tax to the tune of Rs. 3285-6-3 was payable, that notice in form B demanding payment of the tax was served upon the petitioner, the Managing Director, on 16.3.1950, and that in spite of it, this amount was not paid within the time allowed.(2) One of the defence put forward on behalf of the petitioner was that the company was not liable to pay the demanded as it was already collected from their agents, Messrs. Rale...
Janni Bibi Vs. Mohammed Abdul Rahaman
Court: Andhra Pradesh
Decided on: Oct-28-1954
Reported in: AIR1955AP1; 1955CriLJ149
ORDER(1) This is a revision against the order of the Court of the District Magistrate, West Godavari, setting aside the order awarding maintenance to the petitioner under S. 488, Criminal P. C. (2) The petitioner and the respondent are Muhammadans. She married the respondent some years ago, and had three children by him. She filed M. C. No. 5 of 1950 on the file of the Sub-Divisional Magistrate's Court, Eluru, under S. 488. Criminal P. C., and obtained an order for maintenance at the rate of Rs. 30/- per month. Subsequently, in M. C. No. 2 of 1952, the Honorary Additional Ist Class Magistrate enhanced the rate of maintenance from Rs. 30/- to Rs. 32/- permonth.The respondent alleging that he divorced the petitioner by uttering 'Talak' thrice before repectable people on or about 27.4.1954, filed M. C. No. 10 of 1954 before the District Magistrate. Eluru, for cancelling the order of maintenance. After infructuous attempts to serve the petitioner, she was declared ex parte. After examining...
In Re: Dadi Abdul Gaffoor
Court: Andhra Pradesh
Decided on: Oct-22-1954
Reported in: AIR1955AP24; 1955CriLJ329
(1) The Additional Sessions Judge of Kurinool convicted the accused under S. 302, Indian Penal Code and sentenced him to death.(2) The prosecution case may be stated briefly. About five months prior to the date of the occurrence, Gaffoor Miah, father of the deceased Sathan Miah, rented out a house of his to the father of the accused. At the instigation of Sathar Miah, the lease was terminated and the house was let out of to one Chintalayya. This led to an alteration between the members of the two families. Two months thereafter, a brother of the accused was injured by acid being thrown on him. The accused suspected that the decreased threw the acid. The accused's father reprimanded him for it. Enraged at the behaviour of the deceased, the accused at about 7-30 A. M. on the 8th of June 1953 followed him when he was going to the Handri river to take his bath, and, in the sands of that river near Gummez beat him on his head with a stick and, after he fell down, turned his face upwards and...
Chinta Lakshminarasayya and ors. Vs. Laghuvarapu Papayya
Court: Andhra Pradesh
Decided on: Oct-21-1954
Reported in: AIR1955AP97
(1) This is a plaintiff's second appeal against the decree and judgment of the Court of the Subordinate Judge of Narasaraopet, modifying the decree of the Court of the Distriict Munsif of Gurazala in a suit filed by the appellants for a declaration that the gift and the sale deeds executed by the second defendant in favour of the first defendant in respect of the plaint schedule property ae not binding on them and for recovery of possession.(2) The facts may be briefly stated. The plaintiffs are the brothers of one Venkatasubbaiah and were members of a joint Hindu family. There was a partition between them in the year 1932 and the plaint schedule property fell to the share of Venkatasubbaiah. During his lifetime, he adopted on Subbarao and died in 30.4.1945 intestate, leaving behind him his widow and his adopted son. Subbarao died in 1946 and his mother Seshamma, the second defendant, succeeded to his estate. On 1.5.1947 under Ex. B. 20 she made a gift of item 6 of the plaint schedule ...
Venkata Reddy and ors. Vs. Kolandarareddigari Sankara Reddi
Court: Andhra Pradesh
Decided on: Oct-20-1954
Reported in: AIR1955AP31
(1) This Second Appeal is filed against the judgment and decree of the Court of the District Judge of Chittoor confirming that of of District Munsif in O. S. No. 569 of 1947, a suit filed by the respondent for a declaration of the titile of the joint family, of which he is the maanger, to the suit properties and for possession.(2) The plaintiff's casemay be breifly stated. His paternal uncle Chengalraya Reddy purchased the suit properties in the name of his wife Sayamma under a duly registered sale deed dated 27-6-1938 for a sum of Rs.300/-. After he purcahsed, as he settled down in Sumatra Island for the purpose of trade, he entrusted the management of the suit lands to the defendants, who are the brothers and mother of Sayamma. Sayamma and Chengalraya Reddy died in the years 1945 and 1946, childles. At the time of his death, Chengalraya Reddy had two brothers, Veeraswami Reddy and Munuswamy Reddil. Munuswamy Reddi died in 1946 leaving him surviving his only son, the plaintiff. On tho...
Municipal Council, Rajamundry Vs. Simhadri Ranganayakalu and ors.
Court: Andhra Pradesh
Decided on: Oct-19-1954
Reported in: AIR1955AP107
(1) The main question in this second appeal is whether the Government is a necessary party to the suit.(2) The relevant facts are: The plaintiff is the owner of the property described in the plaint scheudle and the house bearing Door No. 236 in the 15th Ward of the Rajamundry Municipality. His father and uncle purchased, the same under a sale-deed, dated 30-6-1901, from one Kotta Manikyam. the defendant, the Municipal Council of Rajamundry, through its Commissioner, issued a notice to the plaintiff directing him to remove the pials, stone pavement and the tilled eaves of his house on the ground that they were encroachments on the public street. To avoid the execution of the threatened action, the plaintiff filed O. S. No. 40 of 1949 on the file of the Court of the District Munsif of Rajamundry, against the Municipality for a declaration of his title and for a persmanent injunction retraining the Municipality from intergfering with his possession.(3) The defendant, inter alia, contended...
Pyda Venkatanarayana and anr. Vs. Thota Ramaswamy and ors.
Court: Andhra Pradesh
Decided on: Oct-19-1954
Reported in: AIR1955AP40
ORDER(1) This petition in filed against the order passed by the Deputy Registrar of Co-operative Societies, Kakinada dated 23.8.1954 in A. R. G. No. 70/53-54 under Art. 227 of the Constitution. On 20.8.1954, the 1st petitioner herein filed an application before the Deputy Registrar of Co-operative Societies, Kakinada, that the proceedings in A. R. G. No. 70/53-54 might be transferred to another Deputy Registrar on the ground that he is a material witness and has to be examined as to what took place on the date of the election of the directors held on 22.7.1953. The Deputy Registrar by his order dated 23.8.1954 dismissed the application holding that the application was not bona fide. He further observed that 'in the interests of quick disposal, regard being had to several circumstances explained above and in the interests of equity, justice and good conscience, and regard being had to the fact that the object of filing a dispute before the Deputy Registrar is to assure speedy disposal. ...
K. Rangaraju and ors. Vs. Illapavaluri Sitaramayya
Court: Andhra Pradesh
Decided on: Oct-19-1954
Reported in: AIR1955AP62
(1) The question in this Second Appeal is whether trees of spontaneous growth on lease-hold property belong to the land-holder or the tenant.(2) The facts that give rise to the aforesaid question may be stated. The plaintiff is the owner of the suit land which is a tank in an estate. He leased it for a period of five years to defendants 1 and 2 under a deed, dated 22.8.1939, for grazing purposes. During the period of tenancy, there was spontaneous growth of babul trees on the land. Nine of them were cut by the defendants shortly before the filling of the suit. The question is who is the owner of the trees, whether it is the land-holder or the tenant ?(3) Both the Courts found that the said babul trees were of spontaneous growth during the period of the tenancy and that the ownership of the said trees is in the land-holder. On these findings a decree for an injunction waa granted restraining the defendants from cutting the babul trees and also for the recovery of the fuel of the trees c...
Katam Veerayya Vs. Godela Subbamm
Court: Andhra Pradesh
Decided on: Oct-14-1954
Reported in: AIR1955AP78
(1) The only question in this second appeal is whether the suit is barred under Art. 139, Limitation Act.(2) The facts found by the Courts below may be briefly stated. In a partition that was effected in 1927, the plaint schedule property fell to the share of the plaintiff. He leased it to the defendant's husband, late Baliah, is June 1927 at a monthly rent of Rs. 0-4-0 for a period of three years. After the expiry of the period of 3 years Baliah continued to be in possession and, after his death, the defendant, his widow, continued to be in possession of the land. There is no evidence to show that the defendant paid any rent to the plaintiff, nor is there any evidence to establish that the landlord otherwise assented to the continuance of the defendant as a tenant. The suit was filed by the lanlord for evicting the defendant on 24.8.1948, i.e., clearly beyond twelve years from the date of expiry of the leasedeed. Both the Courts held that the suit was barred by limitation under Art. 1...
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