Andhra Pradesh Court April 1958 Judgments
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In Re: K. Narahari Pillai
Court: Andhra Pradesh
Decided on: Apr-18-1958
Reported in: AIR1959AP51; 1959CriLJ24
ORDERKrishna Rao, J.1. The petitioner has been convicted of an otfence punishable under the first clause of Section 193, I. P. C., and sentenced to undergo rigorous imprisonment for four months. The complaint against the petitioner was made by the Judicial 1st Class Magistrate, Chandragiri. It relates to the evidence given by the petitioner, as P. W. 2 in C. C. 121/55 on the file of the Court of that Magistrate.In that case one M. Venkureddi, an ex-president of the Co-operative Society of Penubaka, was prosecuted for the temporary embezzlement of a sum of Rs. 219-1-0, collected by him on behalf of the Society from a borrower named P. Vengureddi. The petitioner as P. W. 2, deposed on 6-6-1955 in his examination-in-chief consistently with what he had stated earlier in his statement on oath, Ex. P. 2, to the Co-operative Inspector, that the money was received by the ex-president on 16-4-1952. But he resiled during his cross-examination on 8-8-55 and said that he did not know whether the e...
In Re: Godavarthy Bhashyakaracharyulu
Court: Andhra Pradesh
Decided on: Apr-18-1958
Reported in: AIR1960AP164; 1960CriLJ315
ORDERRanganadham Chetty, J.1. When the Criminal case was pending the accused moved the learned Magistrate for an acquittal on the principle of autrefois convict on the following grounds:2. The accused was an employee of Ram-thirtham Multi-purpose Co-operative Society and is stated to have misappropriated a sum of Rs. 31/-and odd through falsification and forgery of material accounts. Earlier he had been convicted for a similar offence said to have been committed during the currency of that year.3. The accused pleaded that an equitable principle on the analogy of Section 403, Crl. Procedure Code should be applied and the accused saved from the harassment of a second charge when the Prosecution could have clubbed this charge along With the one which was tried. The argument did not find favour with the Magistrate; lience this revision.4. Reliance is placed on Sidh Nath v. Emperor, AIR 1929 Cal 457 and Ramchandra Chetty v. State of Andhra 68 Mad LW (An) 526; (AIR 1956 Andh 102).5. It is ma...
Penumarthy Veera Panasa Ramanna Vs. Penumarthy Sambamoorthy and ors.
Court: Andhra Pradesh
Decided on: Apr-17-1958
Reported in: AIR1961AP361
Jaganmohan Reddy, J. 1. This is a plaintiffs appeal against respondents 1 to 5 arising out of the judgment and decree of the Addl. Subordinate Judge, Eluru. The suit was for ejectment of the respondents from the A and Bscheduled properties and to put the appellant in possession of the same, to direct the 1st respondent to pay Rs. 4253-14-9 towards mesne profits and interest on the A scheduled properties and further to direct respondents 2 to 5 to nay the appellant Rs. 163-2-1 as mesne profits and interest on the B schedule proper-ties and further to direct payment of interest on thesaid amounts and costs of the suit. The followinggenealogical table will help in the understanding of the contentions raised in this appeal.Penumarti Panasayya Fenumarti(died in 1891) Narayanamurthi=Papayl (died 1940) (died in 1885) = BapanammaAdopted son Venkanna (died 1943).= Rattamma (died 1907)IVeera Pauasa Ramanna (adopted on 9-6-1948) (Plaintiff-appellant)It will be seen from the above genealogy that P...
Sitaram Reddy Vs. Chinna Ram Reddy and ors.
Court: Andhra Pradesh
Decided on: Apr-16-1958
Reported in: AIR1959AP159
Jaganmohan Reddy, J. 1. This is an execution appeal against the judgment of the Sadar Adalat, Gulbarga, dated 16-10-1950 rejecting the objection of the judgment-debtor that the decree passed by the Judicial Committee was without jurisdiction and void.2. The following facts may be stated for an appreciation of the several contentions raised in this appeal. The plaintiff-appellant had filed a suit in Sadar Adalat, Gulbarga, on the basis that he was an illatom son-in-law, to declare invalid and to set aside the adoption of the 2nd defendant by the 1st defendant, Tulasamma as also the several transfers made by the said first defendant in favour of defendants 3 and 4. The 2nd and 4th defendants challenged the illatom adoption. The 4th defendant further stated that the transfers were made for consideration.The 1st and 3rd defendants admitted the plaintiff's claim. The Sadar Adalat, Gulbarga, dismissed the suit which was confirmed by the High Court on appeal. Against this judgment and decree,...
Sarwar Lal Vs. Ram Narayan and ors.
Court: Andhra Pradesh
Decided on: Apr-16-1958
Reported in: AIR1959AP307
Kumarayya, J.1. On the Question of law raised in this second appeal, namely, whether the right claimed by the plaintiff-appellant is a civil right cognizable by a Civil Court, we feel that our decision must be in the negative. Plaintiff claims to be the owner of the big smashan (cremation ground) in the bed of the river Moosi and to have performed funeral ceremonies of the Kayast, Khatri, Marwari and Rajput people from time immemorial through his Maha Brahmin agents, specially called from the North for this purpose and also to have enjoyed exclusivciy a moiety of the voluntary offering made by the Jujmans towards the funeral rites of Phekwai, Betharni, Dooshala, Uthala, Daswan, Kriya Karma for the past 200 years.The defendants, according to him, are his servants who by virtue of some agreement are entitled to half the share in the offerings in lieu of the funeral rites they perform at that place. Plaintiffs contention is that as against this established practice they (the defendants) h...
In Re: Rajjah and ors.
Court: Andhra Pradesh
Decided on: Apr-15-1958
Reported in: 1958CriLJ1294
ORDERBasi Reddi, J.1. The four petitioners were tried and convicted by the 7th Magistrate, City Criminal Court, Hyderabad City, for an offence under Section 9 read with Section 31 of the Hyderabad Abkari Act and each of them was sentenced to three month's rigorous imprisonment and to a fine of Rs. 50/-. On appeal, the convictions and sentences were confirmed by the Sessions Judge, Hyderabad and Secunderabad. Hence, these revisions.2. The case of the prosecution as deposed to by P. 'W, 1, the Excise Inspector and the Panch witness P.W. 2, is as follows: On 5-9-1955 at about 9 P. M., P.W. 1 received information that illicit liquor was about to be transported in a motor car from Dhaolpet via Bhongir Road to Aliar, P.W. 1, with a police party was lying in wait at Thagi Jail. At about 1 A. M. a motor car was seen coming from the direction of Ghadarghat bridge. When it came near the waiting party, the car was stopped. The car was being driven by Qadar Khan (A3) and inside the car were seated...
Chandragiri Loan and Sale Co-operative Society, Pakala Vs. Nalli Cheng ...
Court: Andhra Pradesh
Decided on: Apr-15-1958
Reported in: AIR1959AP288
Bhimasankaram, J.1. The 1st defendant, the Chandragiri Loan and Sale Co-operative Society, is the appellant in this appeal. The suit was instituted by the 1st respondent and there were three more defendants, 2nd defendant being the father and the others his minor sons both represented by their maternal grand-father as guardian. The 2nd defendant has obtained loans on several occasions from the 1st defendant for carrying on his family trade and had failed to repay them in time; the 1st defendant thereupon filed claims against him before the Deputy Registrar of Co-operative Societies under the Madras Co-operative Societies Act and obtained a number of decrees against him.We are only concerned with its claim No. 180/-45-46 for a sum of Rs, 3,794-6-4 which resulted in Ex. A-1 an award Dated 28-10-1946 passed by the Co-operative Sub Registrar. On 4-6-1946, the Society filed E. P. No. 180/45-46 seeking execution of its decree against the properties of its judgment-debtor. The properties now ...
Vuppala China Sambamurthy and ors. Vs. the Addl. Income-tax Officer, V ...
Court: Andhra Pradesh
Decided on: Apr-14-1958
Reported in: AIR1959AP174; [1960]38ITR685(AP)
P. Chandra Reddy, Offg. C.J.1. Writ Appeal No. 9 of 1958:This appeal is filed against the judgment of our learned brother Justice Kumarayya who dismissed a petition for the issue of a Writ of certiorari to quash the order of the Additional Income-tax Officer, Visakhapatnam, dated 31-3-1955. The facts giving rise to the appeal may be briefly stated:2. The appellant, one of the partners of a registered firm of Messrs. Vuppala Peda Venkata Ramaiah and Sons, submitted a return of income-tax on 31-1-1951 for the assessment year 1951-52. He declared an income of Rs. 30,823/- including therein a provisional sum of Rs. 10,986/- as his share of income from the aforesaid firm. At that time, the firm's assessment was not completed. Therefore, the assesses requested the Taxing Officer to accept his share of the income from the profits derived by the firm as shown in the return as correct subject to the condition that the assessment may be revised by the Department as and when the firm's assessment...
In Re: Muniamma and ors.
Court: Andhra Pradesh
Decided on: Apr-14-1958
Reported in: AIR1959AP330; 1959CriLJ812
ORDERBasi Reddy, J.1. This is yet another case coming from the district of Chittoor in which persons who ought to be prosecuted for perjury, cannot be prosecuted because of the failure on the part of the Court concerned to follow the procedure prescribed by Section 479-A. Criminal Procedure Code.2. In this case the witnesses had intentionally given conflicting statements on oath, and were liable to be prosecuted for perjury. But the Magistrate, who had held the preliminary enquiry and discharged the accused involved therein, did not record a finding at the time of delivering the final order disposing of the committal proceedings, to the effect that the said witnesses had intentionally given false evidence in a stage of the judicial proceeding, and that it was expedient in the interest of justice to prosecute them for perjury.Such a finding should have been recorded at the time of the delivery of the judgment or final order under the express provisions of Sub-section (1) of Section 479-...
In Re: Ponneri Dasi Reddi
Court: Andhra Pradesh
Decided on: Apr-11-1958
Reported in: 1958CriLJ1289
ORDERBasi Reddi, J.1. This revision petition is directed against a complaint filed against the petitioner by the Sessions Judge, Chittoor, under Section 479A, Criminal P. C, for an offence under Section 193, IPC The allegation against the petitioner was that, having stated on oath in his statement under Section 164, Criminal P. C, that he had seen Govindu (the accused in the Sessions Case) running out of the hut where he (the petitioner) found the wife of one Chinnabba lying dead with stab injuries, at the Sessions trial, giving evidence as P.W. 8, he had resiled from that statement and had sworn that he had not seen any one running out of the hut. P. W 8 was the mainstay of the prosecution in that case.2. The judgment in the Sessions Case was pronounced on 27-9-1957 and the accused therein was acquitted.3. It would appear that even on 11-9-1957 the Inspector of Police, Puttur, had filed a petition under Section 479-A, Criminal P. C, requesting the Sessions Judge to file a complaint fo...
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