Andhra Pradesh Court November 1954 Judgments
In Re: T. Munirathnam Reddi and anr.
Court: Andhra Pradesh
Decided on: Nov-30-1954
Reported in: AIR1955AP118; 1955CriLJ917
Subba Rao, C.J.(1) The learned Sessions Judge of Chittoor Division has convicted the 1st accused under S. 302, Penal Code, and sentenced him to death. He also convicted the 2nd accused under S 326 read with S. 511, Penal Code, and sentenced him to undergo rigorous imprisonment for two years. The two accused preferred the above appeal against their conviction and sentence.(2) The case of the prosecution may briefly be stated. The 1st accused Manirathnam Reddi is the son of the 2nd accused, Narayana Reddi. The deceasedf Kuppi Reddy was Narayana Reddi's first cousin. All of them belong to Velkur village. Kuppi Reddi's wife was staying with her father in a different village and there was a proposal that Kuppi Reddi should stay with his father-in-law as illatom son-in-law, but Kuppi Reddy was not willing to do so. The 2nd accused supported the father-in-law.This led to estrangement between the members of the two families and the accused were not on taking terms with the deceased. On the eve...
Tag this Judgment!Tekchand Vs. Sabir Husain
Court: Andhra Pradesh
Decided on: Nov-25-1954
Reported in: 1955CriLJ480
Srinivasachari, J.1. This case is peculiar in its nature and affords an example as to how one party can overreach the other by creating as many complications as possible by resorting to Courts of law. In respect of the property in dispute there have been proceedings in the Civil Court, in the Criminal Court and contempt proceedings in the High Court. Bereft of all the complications in the case, what we are conerned with, is a Revision Petition arising in proceedings initiated Under Section 145, Criminal P. C. One Jogendersingh filed an application before the Magistrate at Hyderabad, stating that he had purchased the Hotel situated in Mozzam-jahi Road, from one Ahmed Shariff on 15-10-195a and that the said Hotel was being run under a partnership between himself of the one part and. Tekchand and Shamdani Sharif of the other part. He also alleged that 4 persons viz., Sheik Farld, Syed Moinuddin SharifE, Syed Ahmed Sharifl and Jayantilal were trying to oust him from possession and that the...
Tag this Judgment!Gurajada Vijaya Lakshmamma Vs. Yarlagadda Padmanabhan and ors.
Court: Andhra Pradesh
Decided on: Nov-25-1954
Reported in: AIR1955AP112
ORDER(1) This Civil Revision Petition is filed against the findings recorded by the learned Subordinate Judge of Masulipatam on additional Issues 4 and 5 in O. S. No. 61 of 1950 on his file.(2) The plaintiff-decree-holder sought to attach the properties of the first defendant in O. S. No. 61 of 1950 (Petitioner herein) as belonging to his judgment - debtor who is the second defendant in that suit, in execution of the decree in O. S. No. 215 of 1945 (District Munsif's Court of Gudivada). The petitioner herein filed a claim petition (E. A. No. 462 of 1949) under O. 21, R. 58, Civil P. C. and her claim was allowed. The plaintiff-decree, holder consequently filed O. S. No. 61 of 1950 seeking to set aside the Order made on the claim petition. One of the pleas raised in that suit by the petitioner herein was that the debt due to the plaintiff was a bogus one and that the decree obtained by him was vitiated by fraud and collusion. On that pleading, additional issues 4 and collusion. On that p...
Tag this Judgment!Padmaraju Subba Raju and ors. Vs. Padmaraju Koneti Raju and anr.
Court: Andhra Pradesh
Decided on: Nov-25-1954
Reported in: AIR1955AP99; 1955CriLJ909
Subba Rao, C.J.(1) This is a Criminal Revision Petition agagainst the order of the Additional First Class Magistrate, Thirupati, under S. 145(6), Criminal P. C. declaring that the 'A' party respondent is entitled to possession of the two houses, pandal and the back yard until evicted therefrom in due course of law.The 'A' party respondent filed a petition on 7-2-1953 before the Sub-Divisional Magistrate (Executive) Chandragiri, stating that the 'B' party respondents were interfering with his possession of the two houses belonging to him, which for convenience will be described as rectangular and round houses.(2) The case of the 'A' party respondent was that he was in possession of the rectangular house in his own right and that Subbamma, his elder sister, was with his permission residing in the round house and that the 'B' party respondents were trying to take forcible possession from him of the said two houses. The 'B' party respondents' contention was that Subbamma was the owner of t...
Tag this Judgment!Katragadda Sreeramamma Vs. Official Receiver, Guntur and anr.
Court: Andhra Pradesh
Decided on: Nov-23-1954
Reported in: AIR1955AP115
(1) This is an appeal against the Order of remand passed by the Additional Subordinate Judge of Tenali. An objection was raised in the Lower Appellate Court that a leave of the Insolvency Court was not obtained under S. 28 (2) of the Provincial Insolvency Act, the suit was not maintainable. The Appellate Judge permitted the objection to be taken even though it was not raised in the trial court and remanded the case, to give an opportunity to the plaintiff -appellant herein to meet that objection.(2) The main argument addressed by Sri B. Punyakoti Chetty, the learned Advocate for the appellant is that, as objection was not taken in the trial court, the objection must be deemed to have been waived, as held by Bardswell J. in -- 'Satyamma v. Official Receiver, Masulipatam', AIR 1933 Mad 917 (A). Section 28(2), Provincial insolvency Act is in the following terms :'On the making of an Order of adjudication the whole of the property of the insolvent shall vest in the court or in a Receiver a...
Tag this Judgment!Mandalika Venkatasubba Rao Vs. Alla Annapurnamma and ors.
Court: Andhra Pradesh
Decided on: Nov-23-1954
Reported in: AIR1955AP140
ORDER(1) This Civl Revision Petition is filed as against the findings of the Subordinate Judge, Guntur in O. S. No. 29 of 1952 holding that the terms of S. 7 Cl. (xi) (cc) of the Court Fees Act do not apply and that the Court Fee should be paid as in a suit for possession under S. 7 Cl. (v), Court Fees Act. The suit was filed by the petitioner herein for recovery of possession of a site in Guntru town. According to the allegations in the plaint, the suit site was leased by the father of defendants 6 to 8 and the husband of defendant 9 in favour of one Koteeswara Rao the husband of defendant 1 and the father of defendant 2 to 4.During the currency of the lease in favour of Kotteeswara Rao a lease was executed in favour of Tadikonda Lakshmikantha Rao, by Sri Ayodhya Balamukhunda Doss Bavaji the father of defendants 6 to 8 and the husband of defendant 9, providing that the lease should take effect on the expiry of the earlier lease, and Lakshmikanta Rao assigned his leashold interest in f...
Tag this Judgment!Peddinti Gopalacharyulu Vs. Rudraveeranna and ors.
Court: Andhra Pradesh
Decided on: Nov-19-1954
Reported in: AIR1955AP142
Bhimasankaram, J.(1) These two appeals under the Letters Patent are against the Order of a single Judge of the Madras High Court declining to grant a temporary injunction against the respondents restraining them from taking possession of the lands in dispute pending the disposal of A. S. Nos. 1013 and 1015 of 1953.(2) The learned Judge took the view that, in the circumstances of these cases, no injunction could be asked for. Before we go into the question of law, it is desirable to state breifly the facts leading up to the present appeals.(3) A. S. Nos. 1013 and 1015 of 1953 are appeals against the common judgment in O. S. Nos 97 and 99 of 1952 on the file of the Subordinate Judge's Court of Elurn. The suits were instituted by the appellant in these appeals for a declaration of his right of occupancy in the lands in dispute in each of the suits. The appellant is the arechaka of three temples, Sri Venugopalaswamy Varu, Sri Sitharamaswamy Vary and Sri Kesavaswami Varu in the village of D...
Tag this Judgment!Mohammad Ghouse Vs. State of Andhra
Court: Andhra Pradesh
Decided on: Nov-19-1954
Reported in: AIR1955AP65
Subba Rao, C.J. (1) This is an application under Art. 226 of the Constitution of India for a Writ of Certiorari to quash the order issued by the Registrar, High Court of Madras, and given effect to by the State of Andhra, placing the petitioner under suspension from the date of the receipt of the order. (2) The petitioner, Mohammed Ghouse, entered the Madras Judicial Service as a District Munsif in the year 1935 and was promoted to the Office of the Subordinate Judge in September 1949. On the formation of the Andhra State on 1.10.1953. he became a member of the Andhra State Judicial Service. The High Court of Madras took disciplinary proceedings against the petitioner on a charge of bribery. A Judge of the High Court was specially appointed to enquire into the allegations. The learned Judge conducted the enquiry at Vijayawada on 14.9.1953 and 15.9.1953 and continued the enquiry on 17.9.1953 and 18.9.1953 at Rajamundry and subsequently on 20.10.1953 at Madras. After the enquiry, the Hig...
Tag this Judgment!The Indian Leaf Tobacco Development Ltd. Vs. K. Kotayya and ors.
Court: Andhra Pradesh
Decided on: Nov-18-1954
Reported in: AIR1955AP135
ORDER(1) This Civil Revision Petition raises an interesting question of law, as to whether a widow is bound to obtain a succession certificate under the terms of S. 214, Succession Act in respect of monies due to her husband and in which she has a right under S.3, cl. (2), Hindu Women's Right to Property Act (Act 18 of 1937. The suit was filed by the three respondents against the petitioner company in respect of tobacco supplied by the father of respondents 1 and 2 and the husband of the 3rd respondent. Late Sreeramulu, the father of plaintiffs 1 and 2 and the husband of the 3rd plaintiff, died as a member of an undivided family consisting of himself and his two sons, plaintiffs 1 and 2, and the tobacco supplied by him to the petitioner company was admittedly joint family property. The 3rd plaintiff, the widow is entilted to an interest in this amount which is joint family property only by reason of the terms of s. 3(3) of Act 18 of 1937.(2) The short question tht arises for considerat...
Tag this Judgment!Kuppagiri Atchamma and ors. Vs. Jakki Reddi Koti Reddi
Court: Andhra Pradesh
Decided on: Nov-18-1954
Reported in: AIR1955AP197; 1955CriLJ1237
ORDER(1) In this case, the order of the Sessions Judge, Guntur directing further enquiry against all the accused is sought to be revised. The petitioners are accused 1, 2, 7 to 9 in C. C. No. 201 of 1954 on the file of the Additional First Class Magistrate, Narasaraopet. A complaint was filed against them on 11-2-1954, against these petitioners and four others for offences under ss. 148, 326, 307 and 504, Penal Code, with the following allegations:(2) On 8-2-1954, at about 7-30 P.M. a boy aged about ten years belonging to the family of the accused was answering calls of nature before the house of the complainant. The complainant advised the boy not to commit nuisance in front of the house and that he could go a little farther from the house for the purpose. Immediately all the accused who were inimically disposed to the complainant'came out of the house of the 5th accused with axes and sticks; formed into an unlawful assembly; abused the complainant in an indecent language and came aga...
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