Andhra Pradesh Court September 1954 Judgments
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In Re: Venkatasuryanarasimha Rao
Court: Andhra Pradesh
Decided on: Sep-16-1954
Reported in: AIR1955AP82; 1955CriLJ769
ORDER(1) In this petition, the petitioner seeks a revision of the order of the Additional District Magistrate directing a further enquiry. The petitioner was charged under Ss. 465 and 201, Indian Penal Code, before the Joint Magistrate, Rajamundry. The case against him was that he issued several bills in the names of fictitious persons to cover up the sales and rendered himself liable under S. 465, Indian Penal Code. It was also said that, to further cover up the fictitious bills, he attempted to destroy the bills by setting fire to them.The Joint Magistrate, while finding on the evidence on record, that the accused did issue receipts in the names of persons who did not exist and that he later attempted to burn the original bills came to the conclusion that the offences committed by the accused did not amount to one under S. 465 or under S. 201, Indian Penal Code According to the Magistrate, the bills issued by the petitioner did not amount to false documents within the meaning of S. 4...
Ryali Macharayya Vs. Palakollu Chintanna and ors.
Court: Andhra Pradesh
Decided on: Sep-16-1954
Reported in: AIR1955AP15
(1) The question in this Second Appeal is whether S. 21, Madras Hereditary Village Offices Act (Act III of 1895) (hereinafter referred to as the Act) is a bar to the maintaibility of the suit. (2) The facts found by the courts below may be stated. The plaint schedule paroperty bearing Old Survey No. 182 and Re:Survey No. 231 of the extend of 2 acres 14 cents is situated in Magam village and is a potter service inam. Palakollu subbanna was the original service-holder, enjoyed the said inam during his life-time. After his death, the plaintiff's father Madidi became the service-holder and was in enjoyment of the said land. As Maridi has service inams in Innavalli also, he appointed the defendant's father Narasayya as deputy for him to do service on his behalf of Magam. Narasayya died on 19-9-1948. After his death, plaintiff's father continued the defendants as deputies. When Maridi died on 9-11-1945 the authority. conferred by maridi on the defendants came to an end. Though the plaintiffs...
Korupulu Appalanidu and anr. Vs. Vakaramamurthy and ors.
Court: Andhra Pradesh
Decided on: Sep-15-1954
Reported in: AIR1955AP45; 1955CriLJ355
ORDER(1) This is a revision petition against an order of the District Magistrate directing the return of 23 bundies of jute or the value thereof to respondents 1 to 4 under the following circumstances.(2) On a report by the two petitioners, the S. H. O. Vizinagaram, charge-sheeted the respondents for an offence under S. 379, Penal Code. The case against the respondents was that they stole 23 bundies of jute which the two petitioners soaked in a tank known as 'Juvvi' tank. The defence was that the jute bundies did not belong to the complainant but were the property of the accused (respondents). The Sub-Magistrate who tried the case accepted the prosecution version, rejected the defence and convicted them under S. 379 and sentenced them to a fine of Rs. 25/- each. An appeal was filed before the District Magistrate, Vishakapatnam against the conviction. Subsequently the trial Magistrate passed an order under S. 517, Criminal P. C., directing the return of the jute to the complainant.Next ...
Mallayya and anr. Vs. Talari Trippanna and ors.
Court: Andhra Pradesh
Decided on: Sep-15-1954
Reported in: AIR1955AP81
(1) The only question in the second appeal is whether O. S. No. 172 of 1947 filed by the appellants in the Court of the District Musif of Bellary is maintainable in view of a prior decision in O. S. No. 108 of 1935, a suit between the same parties. (2) The facts relevant to the question raised may be briefly narrated. The plaintiffs and defendants 1 to 8 were the joint owners of the plaint schedule property. Two of the co-owners Lingappa and Mangamma, filed O. S. No. 108 of 1935 on the file of the District Munsif's Court of Bellary, for recovery of possession of their one-sixth share in the plaint schedule property. To that suit, Mandavaliah, the predecessor-in-interest of the second plaintiff in this suit, was added as the second defendant and Mallayya, the first plaintiff herein, was added as the fifth defendant in the other suit. The other sharers were also added as defendants. 9th defendant in this suit is the son the 11th defendant in O. S. No. 108 of 1935. 10th defendant in this ...
Kondapaneni Raghavaiah and anr. Vs. Inguva Lakshminarayana and anr.
Court: Andhra Pradesh
Decided on: Sep-15-1954
Reported in: AIR1955AP4
ORDER(1) The appellant and the 4th respondent in A. S. No. 106 of 1950 filed C. M. P. No. 7127 fo 1954 under S. 151, C. P. C. to stay the proceedings in E. P. No. 98 of 1954 in O. S. No. 170 of 1950 on the file of the District Munsif's Court of Tenali, pending disposal of A. S. No. 106 of 1950 in the following circumstances: (2) The 1st petitioner purchased the property which is the subject-matter of the dispute in the appeal, from one Satyanarayana, the adopted son of Narasimham. The plaintiff who filed O. S. No. 170 of 1950 claimed those properties from the widow of Narasimham and the Court below held that Narasimham's widow was absolutely entilted to the suit property and that Satyanarayana has no right to sell the property to the 1st defendant. He has, therefore, preferred A. S. No. 106 of 1950. The 2nd respondent who is impleaded as a party to C. M. P. No. 7127 of 1954, is a mortgages from Satyanarayana. He filed a suit for the enforcement of his mortgage and obtained a decree in ...
Gutha Hariharabrahman and ors. Vs. Doddappaneni Janikiramaiah, Chatapa ...
Court: Andhra Pradesh
Decided on: Sep-15-1954
Reported in: AIR1955AP18
(1) This Second Appeal arises out of O. S. No. 305 of 1947 on the file of the Court of the District Munsif of eluru, a suit filed by the plaintiff in O. S. No. 24 of 1944 for rendition of accounts in respect of the management of the temples of Sri Janardanaswami and Sri Malleswaraswami of Chattaparru. The plaintiff is the present Managing Trustee of the said temples. The suit was filed for rendition of accounts in respect of the managing of the temples by Ex-Trustees Gutta Pichayya, Gutta Subramanyam and Guutta Venkatasubbamma, the 9th defendant. Defendants 1 to 3 are the sons of Gutta Pichayya. Defendants 2 to 7 are the sons of Gutta Sitaramabrahman. The 8th defendant is Sitaramabrahman's brother. It was alleged in the plaint that Gutta Pichayya and the 9th defendant as guardian of sitaramabrahmam managed the said temples as trustees from 1901, that the 9th defendant acted as a trustee till sitaramabrahmam attained majority, that Pichayya and Sitaramabrahmam after he attained majority...
In Re: Billa Masthan
Court: Andhra Pradesh
Decided on: Sep-14-1954
Reported in: AIR1955AP33
ORDER(1) An interesting question of law arises for decision in this Criminal Revision Petition. In C. C. No. 143 of 1953 the petitioner herein was charged for two distinct offencesunder Ss. 408 and 477-A, Penal Code, respectively on 29-12-1953. On the next day, the Assistant Public Prosecutor, Gurjaal, filed a petition stating that the two offences being distinct, both the charges should not be tried together and that the charges under S. 477-A, Penal Code, might be separated and fresh proceedings might be permitted to be started against the accused in respect of the said offence. The Additional First Class Magistrate passed the following order on that application:'I hold that the charges under Ss. 477-A and 408, Penal Code, cannot be tried together in one trial. Hence the charge under S. 477-A, Penal Code, will be tried separately and the case against B. Masta under S. 477-A, Penal Code, will be registered as C. C. No. 308 of 1953 and proceeded with.'(2) Another petition was filed on ...
thellakula Jalayya Vs. Namana Venkateswara Rao and ors.
Court: Andhra Pradesh
Decided on: Sep-14-1954
Reported in: AIR1955AP17
ORDER(1) This application was filed by the petitioner to stay the operation of the order of the Election Commissioner, Guntur, dated 18-12-1953 passed in O. P. No. 126 of 1952 pending disposal or writ petition No. 1059 of 1953. the Election Commissioner held that under S. 49(2)(g), Madras district Municipalities Act, the petitioner herein was disqualified from standing as a candidate and that his election for Ward No. 23 as Municipal councillor was, therefore, void. The1st respondent herein was duly declared elected as Municipal Councillor. The writ was admitted by Rajagopala Iyengar J. on 29-12-1953 and interim stay of operation of the order as regards the declaration that the 1st respondent was duly elected was ordered. In regard to the second prayer, that the petitioner might be allowed to continue as a member of the Municipality till the disposal of the writ petition, notice was ordered to the respondents.(2) The 1st respondent filed C. P. P. No. 6651 of 1954 to advance the hearing...
Seetharamayya J. Vs. Sarva Chandrayya and ors.
Court: Andhra Pradesh
Decided on: Sep-14-1954
Reported in: AIR1955AP68
(1) This is a plaintiff's appeal against the decree and judgment of the Court of the District Judge of Krishna at Masulipataam confirming that of the Subordinate Judge of Masulipatam in O. S. 31 of 1944 a Suit filed by the appellant for partition and sepasrate possession of his 1/3 share in the plaint schedule property and for mesne profits.(2) The relevant facts may be briefly narrated. The last male-holder was one Jagarlapudi Venkappa. He died issueless was one Jagarlapudi Venkappa. He died issueless in the year 1891 leaving behind him his widow Subbamma. He died possessed of 13 acres and 9 cents of land situated in three villages Nimmalur, Nimmakur and Kapavaram and three vacant sites. He had also some debts. On 3-1-1893, his widow sold the entire 13 acres 9 cents underEx. D.1 to the 1st defendant Sarva Surayya and one Nibhanupudi Balakrishnayya for Rs 950. Items 1 and 2 situated in the village of Nimmaour and of the extent of 6 acres 39 cents, were part of the property sold under t...
Setty Satyanarayana Vs. Setty Kannayamma
Court: Andhra Pradesh
Decided on: Sep-13-1954
Reported in: AIR1955AP128; 1955CriLJ922
(1) This second appeal arises out of a suit filed by the appellant for restitution of conjugal rights against his wife.(2) The appellant is a much married man. He had two wives before he married the defendant. His first wife deserted him and his second wife died. He married the defendant as a third wife. In 1943 he deserted her and married a fourth wire with whom he is now living. The defendant filed a petition in the Magistrate's Court for maintenance, being M. C. No. 55 of 1947 on the file of the Additional First Class Magistrate's Court, Vishakapatnam.That petition was compromoted and under comrpomise, it was agreed that the plaintiff should take her to his house and provide separate residence for her within three days from the filing of the compromise petition on 25-9-1947. After the petition was disposed of on 29-9-1947, the plaintiff issued a notice Ex. D.2 to the defendant throwing the entire blame on her for not carrying out the terms of compromise. It is apparent from this con...
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