Andhra Pradesh Court February 1955 Judgments
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Vissavajjula Mahadeva Sastri Vs. Pothula Srreramamurty
Court: Andhra Pradesh
Decided on: Feb-25-1955
Reported in: AIR1955AP282
(1) This is an appeal against the decree and judgment of the Court of the Subordinate Judge, Eluru, confirming that of the District Munsif, Eluru, in O. s. No. 303 of 1947, a suit filed by the respondent for partition and separate possession of his 1/2 share in the plasint schedule property.(2) Krishnamacharyulu and Ramanujacharyulu were brothers. They jointnly owned the plaint schedule property. Krishnamacharyulu sold the said property to the plaintiff on 12-7-1939 representing that he was the full owner thereof. Ramanujacharyulu, in his turn, sold the same property to the defendant on 5-8-1939 representing that he was the full owner thereof. The plaintiff filed O. s. No. 174 of 1944 on the file of the Court of the District Munsif, Eluri, for evicting the defendant, who was the 6th defendant in that suit.The District Munsif held that the property was the joint property of Krishnamacharyulu and Ramanujacharyulu and decreed the suit in respect of half the suit property. The defendant pr...
Nori Srirama Sastri Vs. Nori Lakshmidevamma and ors.
Court: Andhra Pradesh
Decided on: Feb-25-1955
Reported in: AIR1955AP200
ORDER(1) This revision petition raises a question of court-fee. The plaintiff is the adopted son of late Adiseshayya. Defendant 1 is the wife of the said Adiseshayya. Defendant 2 is alleged to have been taken in adoption by Adiseshayya subsequent to the plaintiff's adoption. There was a partition between the plaintiff and Adiseshayya, where under the 'A' schedule properties were allotted to the share of the plaintiff and B-1 schedule properties to that of Adiseshayya.Adiseshayya before his death executed a will in regard to the B-1 schedule properties excluding items 4 and 23 in favour of defendant 2. The B schedule properties were all purchased in the name of the defendant 1. It is alleged in the plaint that Adiseshayya brought about the alleged partition fraudulently and that the defendants were setting up rights in the A and B-1 schedule properties.Froth the allegations in the plaint, it is clear that Adiseshayya during his life-time and after his death, defendants 1 and 2 were excl...
Public Prosecutor, Andhra Vs. Palapati Ramakrishnaiah
Court: Andhra Pradesh
Decided on: Feb-17-1955
Reported in: AIR1955AP190
ORDER(1) In this case, the State Government seeks to have the conviction of the respondent quashed. The respondent was charge - sheeted under Ss. 454 and 380, Penal Code before the Stationary Sub Magistrate. Kavali, the case against him being that he broke into house of one Danam Annamma P. W. 1 in the case at about 10-30 A. M. and stole a sum of Rs. 10/- in cash and some old clothes worth about Rs. 65/-. According to P. W. 1, she locked here house and went out at about 10-30 A. M. on 29.4.1954 to a relative's house and returned shortly thereafter to find the back door of her house open and some clothes and cash lost.Sometime later in the day, the accused was apprehended with all the things lost. P. W. 1 was corroborated by P. W. 2, her husband . A charge was framed against him under S. 379, Penal Code. and he pleaded guilty. He was additionally charged under S. 75 Penal Code for having been previously convicted by the Additional First Clss Magistrate. Vellore to two year's rigorous im...
Machiraju Mahalakshmamma Vs. Suryanarayana Vishnubhotla and ors.
Court: Andhra Pradesh
Decided on: Feb-17-1955
Reported in: AIR1955AP192
ORDER(1) This is an application under Art. 227 of the Constitution of India to revise an order of the Revenue Divisional Officer, Guntur, registering the appointment of one Rachapudi Seetharamanjaneya Sarma, 2nd respondent in this petition, as a minor Village Munsif in the vacancy created by the death of one Panakala Rao on 3-10-1953, acting under S. 13 of Madras Act II of 1894. (2) The learned Counsel for the 'petitioner attacks the validity of the registry on the following grounds: His client is the third of three daughters left by the deceased Village Munsif, and she is fully qualified under the Act for appointment. Her rights were ignored by the Executive Officer, Pushpagiri Mutt, who submitted the name of the 2nd responodent as the person entitled to the office. Mr. Veerabhadrayya contends that the Executive Officer, Pushpagiri Mutt is not the proprietor of the village in question and the nomination submitted by him to the Revenue Divisional Officer under S. 13 is not a proper or ...
Tungabhadra Industries Ltd., Kurnool Vs. Commercial Tax Officer, Kurno ...
Court: Andhra Pradesh
Decided on: Feb-11-1955
Reported in: AIR1955AP257
Chandra Reddy, J .(1) This interpretation of Rr. 18 (2) and 5 (1) (g). Turnover and Assessment Rules framed by the Government in exercise of the powers conferred by R. 3, Sub-rr. 4 and 5, Madras General Sales Tax Act is involved in this Revision Case. The dispute relates to the assessment year 1949-50. The petitioner is registered as a manufacturer under R. 18. The assessee-company purchase ground-nuts and converts them into oil both refined and hydrogenated. A deduction was claimed both under R. 18 (2) and R. 5 (1) (g). The department declined to grant the deduction under both the heads on the ground that in the first case the oil sold by the petitioners was not the same commodity which was obtained by pressing the kernel and in regard to the second that the freight was not included in the price of the commodity as contemplated in R. 5 (1) (g).(2) On appeal, the Sales Tax Tribunal allowed the deduction in respect of refined oil but refused it with regard to the hydrogenated oil and fr...
V. Harihara Prasad Vs. K. Jaganna Dhan and anr.
Court: Andhra Pradesh
Decided on: Feb-10-1955
Reported in: AIR1955AP184
ORDER(1) This is a petition under Art. 226 of the Constitution for the the issue of a Writ of Prohibition on other appropriate Writ prohibiting respondent 2 (The State of Andhra, represented by the Collector, Guntur District) from acquiring and taking possession of the lands belonging to the petitioner or in the alternative for the issue of a Writ of Certiorari, calling for the records relating to the acquisition of the said lands by respondent 2 and quashing the proceedings therein.(2) The petitioner is the hereditary trusted of Sri Bhavanarayana Swami temple, Ponnur village in the Guntur District. Respondent I is one Kota Jagannadham. Respondent 2 is the State represented by the Collector of the Guntur District.(3) The facts which give rise to this Writ petition may be stated ; Sri Bhavanarayanaswamy temple, of which the petitioner is the trustee, owns various lands in and around Ponnur. About 10 years ago, respondent 1 started building a temple in the same village by the name of Sri...
Kalisetti Subbarayudu and ors. Vs. Pagadala Balaramayya
Court: Andhra Pradesh
Decided on: Feb-09-1955
Reported in: AIR1955AP194
(1) This is an appeal by the plaintiffs against the decree and Judgment of the Court of the Subordinate Judge of Nellore, confirming those of the District Munsif of Nellore in O. S. No. 258 of 1948, a suit filed by the appellants for recovery of possession of the plaint schedule property from the defendant and for mesne profits. Both the Courts, dismissed the suit on the ground that the suit was barred by res judicata as well as by O.2, R. 2, Civil P. C.(2) The facts found or admitted by the parties may be briefly stated: One Kalisetti Narasimhalu is propositus. He had five sons. Govindamma, the widow of one or the sons, filed a suit O. S. No. 260 of 1918 on the file of the District Munsif's Court,Nellore, for partition of the family properties against Narasimhalu and his sons. The defendant pleded that the property, which is the subject-matter of the suit, was the sell-acquired property of Narasimhalu.That suit was compromised and on 23-4-1920, a preliminary decree for partition was p...
Duvvari Lakshminarasimham and ors. Vs. Garmella Rajeswari
Court: Andhra Pradesh
Decided on: Feb-08-1955
Reported in: AIR1955AP278
Chandra Reddy, J.(1) This appeal is filed by defendants 1 to 3, against the decrees and Judgment of the Subordinate Judge of Amalpuram. The suiut, which has given rise to this appeal, was instiuted by one Rajeswari for recovering possession of the plaint 'A' schedule lands and a house site, and for directing the defendants to render an account of the profits for the years 1942 to 1949.The plaintiff is one of the three daughters of one Akella Subrahmanyam, the other two daughters being Vyaghreswari and Sugunavati. This Subrahmanvam executed a will on 15-9-1938, bequeathing 10 acres and 78 cents of his land to his wife Subbamma with absolute rights, and also conferring a power upon the latter to take one of his maternal grandsons in adoption. The testator died three months later.On 6-3-1942, Subbamma executed a Will in respect of theproperties she got from the will of her husband and also what she acquired with the income from the properties given to her by the husband. Under this docume...
Chenchurama, Naidu Vs. Chief Electioral Officer, Andhra State and anr.
Court: Andhra Pradesh
Decided on: Feb-08-1955
Reported in: AIR1955AP180
ORDER(1) This is a petition under Art. 226 of the Constitution for issuing a writ in the nature of Mandamus, directing the respondents to prepare the electoral roll in the Kondapi Constituency consisting of the three entire revenue firkas of Singarayakonda, Kondapi and Gudlur as notified in the final order in the India Gazette Extraoridinary or for issuing any other suitable writ or direction in the circumstances of the case.(2) The petitioner was a Member of the Andhra State Assembly from the Kandukur constituency. The Andhra Legislative Assembly was dissolved and a fresh notification was issued on 20.12.1954 calling for nominations to be filed on or before 3.1.1955.(3) In the last general elections conducted in 1952, Kandukur Taluk as a whole was part of a double-member constituency having one reserved seat and one general seat. In 1952, the Delimitation Commission Act was passed, and in pursuance of the said Act, a Delimitation Commission was appointed. It made enquiries with a view...
Thakoorjee and anr. Vs. State of Madras (Now Adnhra) and anr.
Court: Andhra Pradesh
Decided on: Feb-04-1955
Reported in: AIR1955AP168
ORDER(1) In W. P. No. 858 of 1953 one Thakoorjee is the petitioner . He prays for the issue of a Writ of Certiorari or any other papropriate Writ or order calling for the records in G. O. Ms. No. 1793 (Revenue Department) dated 26-6-1953 and to quash the order therein. In W. P. No. 863 of 1953 one M. V. Joga Rao is the petitioner and he prays for the issue of a Writ of Certiorari or any other appropriate writ, to call for the records and to quash the proceedings in G. O. Ms. 1753 dated 26-6-1953. Both these petitions raise identical questions for consideration and can be conveniently dealt with in a common Judgment.(2) The petitioner in w. P. No. 858 of 1953 was the Revenue Inspecftor in Vashakapatnam Taluk, having put in ten years' service as a clerk. During the years 1950-1951, he worked as Special Revneue Inspector for loans for a period of six months. On a charge of corruption, a prelimianry enquiry was started by the Sub-Collector, Vizianagaram, against the petitioner and as a res...
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