Andhra Pradesh Court December 1954 Judgments
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M. Subbarayudu and ors. Vs. the State
Court: Andhra Pradesh
Decided on: Dec-06-1954
Reported in: AIR1955AP87; 1955CriLJ770
Subba Rao, C.J. (1) This Full Bench has been constituted to decide a fundamental question, which is arising every day, namely, whether and to what extent the Andhra High Court is bound by the decisions of the Madras High Court delivered before 5.7.1954.(2) The facts of the case that led to the reference may be briefly stated. The petitioners were the accused in P. R. C. No. 2 of 1953. The Sub-Divisional Magistrate, Dharmavaram, discharged the accused for an offence under S. 395, Penal Code, and converting the case into a Calendar case, directed the accused to be tried for the other offences with which they were charged. In revision, the District Magistrate, Gooty, set aside that Order under Ss. 435 and 436, Criminal P. C. and directed the Sub-Divisional Magistrate to commit the accused to the Court of Session to take their for all the offences with which they were charged. The accused have filed this Criminal Revision Petition against that Order. (3) In revision, the main question rais...
Atla Veeraswamy Reddy Vs. Soma Ramayya
Court: Andhra Pradesh
Decided on: Dec-03-1954
Reported in: 1957CriLJ952
ORDERChandra Reddy, J.1. This case in revision is directed against the order of the Sub-Divisional Magistrate confirming the conviction and sentence of fine of Rs. 50/- under Section 116(3) of the Madras Village Panchayats Act.2. The respondent was elected President of the Panchayat Board of Nallamothuvaripalem, hamlet of Karlapalem, on the 17th of January, 1953. The petitioner was the President up to that date. He handed over some of the properties of the Panchayat to the respondent on the 25th of February 1953 as seen from Exhibits P-2 and P-3. A notice was issued to him calling upon him to hand over the other items mentioned therein. He did not comply with this demand, and so another notice was issued on the 27th of November, 1953, but to no purpose. Consequently, a complaint was filed against him by the present President under Section 116(3) of the Village Panchayats Act.3. In support of the prosecution, three witnesses were examined. They spoke to the failure of the petitioner to ...
Pathikonda Gopala Rao Vs. Nagiri Pedda Kitamma
Court: Andhra Pradesh
Decided on: Dec-02-1954
Reported in: AIR1955AP138
ORDER(1) The civil Revision Petition of filed as against the order of the District Munsif of Madanapalle refusing to permit the amendment of the plaint in O. S. No. 139 of 1952. The suit was instituted by the plaintiff for the recoveryof moneys due from the defendant on dealings. The applicatioin for amendment was filed to permit him to sue as the manager of the joint family consisting of himself and his brother and also to implead his brother as the second plaintiff. The application was opposed by the defendant on the ground that by permitting the plaintiff to sue as the joint family manager, he will lose valuable plea of limitatioin. The District Munsif upheld the objection of thedefendant and dismissed the amendment application. This Civil Revision Petition is filed as against that order.(2) The short point for consideration is as to whether by permitting the plaintff to sue as the manager of the joint family a new case is introduced or the cause of action is in any way altered. The...
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