Andhra Pradesh Court August 1954 Judgments
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Roman Catholic Mission Depressed Tenants Co-operative Society and ors. ...
Court: Andhra Pradesh
Decided on: Aug-31-1954
Reported in: AIR1955AP36
(1) This appeal is filed by defendants 2 to 4 in O. S. 29 or 1948 on the file of the Subordinate Judge's Court of Guntur. It relates only to costs and mesne profits.(2) The suit was instituted against the Provincial Government of Madras, represented by the District Collector, and the tenants defendants 2 to 4 for possession of suit propoerties for mesne profits, past and future. the basis of the suit was that the suit properties of an extent of about 12 acres,belonged to the plaintiffs. They are lanka lands, which were submerged under the Krishna river several years back but reappeared in or about the year 1943. They adjoin the lands belonging to the 1st defendant. Under a mistakenimpression that these and some other lanka lands were part of the Government lankas, the 1st defendant included them in a lease granted by him to defendants 2 to 4 on 7-9-1944, for a period of three years. Subsequently, the plaintiffs, with a view to have the title to the suit properties ascertained, requeste...
Venkayala Janaiah Vs. Board of Revenue (Andhra) and anr.
Court: Andhra Pradesh
Decided on: Aug-27-1954
Reported in: AIR1955AP23
ORDER(1) This is a petition for issuing a writ of certiorari to quash the order of the Board of Revenue (Andhra) now situated in the City of Madras.(2) The petitioner was appointed Village Munsiff of the village of Regulagadda in the year 1948. One Venkayala Koteswara Rao filed a suit before the Deputy Collector, Narasaraopet, for setting aside that order and for appointing him instead. That suit was dismissed.His appeal to the District Collector was also dismissed. When he preferred a Second Appeal to the Board of Revenue, the Board allowed the appeal and directed that Koteswara Rao should be registered as minor Headman of Regulagadda. The present writ is filed for quashing the order of the Board of Revenue on the ground that it has exceeded its jurisdiction in passing the said order. The office took the objection that a writ cannot be issued by this Court, as the Board of Revenue (Andhra) is situated beyond the territorial jurisdiction of this Court.In -- 'Election Commission v. Saka...
Badduri Chandra Reddy and anr. Vs. Pammi Rami Reddy and ors.
Court: Andhra Pradesh
Decided on: Aug-27-1954
Reported in: AIR1955AP229; 1955CriLJ1313
(1) The appeal is brought by defendants 2 and 3 in O. S. No. 43 of 1949 against the Decree and Judgment of the Subordinate Judge. Narasaraopet. In order to appreciate the points arising for determiantion in this case, it is necessary to trace briefly the background of this litigation. One Ramamma, the wife of defendant 1 died in October 1948. In connection with her death, a complaint was fikled by defendant with her death, a complaint was filed by defendant 1 and the same is marked as 'Ex B.2' in this case.It was stated therein that Ramamma died as a result of homocidal violence, that two persons by name Badduri Chandra Reddi and Badduri Ramana Reddi (Appellants in this case) informed him that five persons (the present plaintiffs) were seen coming out of the backyard of the house of defendant 1 at about the time of the death of Ramamma.On receipt of this complaint, the Police investiated into the case, filed a charge sheet against these five person under s. 302 of the Penal Code and th...
Prakasa Reddi and ors. Vs. Jonnala Pitchareddi and anr.
Court: Andhra Pradesh
Decided on: Aug-27-1954
Reported in: AIR1955AP55; 1955CriLJ565
ORDER(1) This is an off-shoot of an order passed by Mr. Justice Somasundaram of the Madras High court on 5-5-1954 in Criminal Revision Case No. 442 of 1953. In order to appreciate the respective contentions of the parties, it is useful to trace the background of this litigation.The first respondent purcahsed properties including those invoked in this Revisiion case under three registered sale deeds of the year 1952, and obtained possession thereof from the vendors. In November 1952, he moved the Additional Sub Magistrate. Guntur, under S. 144, Criminal P. C., for an order preventing the petitioners herein from trespassing on his lands with allegations that while he was alway at Madras the present petitioners trespassed on his land on 9-11-1952, and cut away the crops on a portion of the land and that they were attempting to remove the crops on the remaining portion of the land and prevent him from harvesting the crops belonging to him.On 20-4-1954, orders were passed under S. 144(1) re...
Agnoihothram Vijaya Sarathi Acharya Vs. Masulipatam Municipal Council
Court: Andhra Pradesh
Decided on: Aug-20-1954
Reported in: AIR1955AP83
ORDER(1) The plaintiff is the petitioner herein. He filed a respresentative suit for a declaration that the defendant Muncipality of Masulipatam had no jurisdiction over French Loge in which he resides, for the reason that the order passed by the State Government vesting French Loge in the Masulipatam Muncipality was void in that it did not follow the mandatory provisions of S. 4, District Municipalities Act. According to the plaint in the absence of valid order vesting French Loge in the Municipality, it had no right to collect taxes from the residents of French Loge. French Loge belongs to the French Government and it was handed over to the Government of India after the attainment of independence on 6.10.1947. This enabled the Provincial Government to vest this part of the erstwhile French possession in Masulipatnam Muncipality. But before they could do so, certain procedure has to be followed as prescribed in S. 4, District Muncipalities Act. The suit is filed by the plaintiff in th...
G. Chinna Konda Reddy and anr. Vs. East Asiatic Company (India) Ltd.
Court: Andhra Pradesh
Decided on: Aug-05-1954
Reported in: AIR1955AP79
(1) The question in this Second Appeal is whether the contract dated 14.5.1945 and 18.5.1945 for the sale of groundnut kernel are hit at by the provisions of the Oil-sees Forward Contracts Prohibition Order 1943. The facts either admitted or found may be briefly narrated. The defenants are a firm of merchants doing business to groundnut at Nandyal under the name and style of Messrs. G. Chinna Konda Reddy & G. P. Venkata Reddi. The plaintiff is the East Asiatic Company (India) Limited. Madras. The defendant's entered into two contracts with the plaintiff on 14.5.1945 and on 18.5.1945 for the sale of groundjut kernel. The first contract was for the sale of 318 bags of groundnut kernel. The second contract also was for the sale of 318 bags of groundnut kernel. By the dates of the contracts the groundnut crop was fully harvested and was in the market. It is also in evidence that at the time the suit contracts were made, there was considerable difficulty in securing wagon accommodation. Bec...
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