Andhra Pradesh Court September 1958 Judgments
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P. Satyanarayana and anr. Vs. A. Ramalakshmamma and anr.
Court: Andhra Pradesh
Decided on: Sep-29-1958
Reported in: AIR1959AP662
Munikanniah, J.1. The question for determination in the Civil Miscellaneous Appeal is whether the appellants are entitled to attach and realise the moneys of the 2nd defendant, a minor against whom the appellants obtained decrees for costs.2. Briefly the facts are: The appellants filed O. S. No. 63 of 1941 against the 2nd defendant and his adoptive mother to set aside the adoption and succeeded in getting a decree. In that suit, the 2nd defendant was represented by his maternal uncle who was appointed as his guardian by the Court. Thereupon the 2nd defendant represented on this occasion by his natural mother as guardian filed A. S. No. 487 of 1947 in the High Court, Madras. The appeal was dismissed with costs. The decree passed in appeal merely stated 'the appeal is dismissed with costs'.In none of these decrees is it stated that the guardian is to pay the costs. The appellants took out execution for realisation of the costs against the 2nd defendant in E. P. No. 219 of 1953 and attach...
Kalyani Press (by Veeraraghavaswami) Vs. State of Andhra Pradesh and a ...
Court: Andhra Pradesh
Decided on: Sep-26-1958
Reported in: (1959)ILLJ4AP
ORDER1. This is a petition filed under Art. 226 of the Constitution for the issue of a writ of certiorari to quash the award of the Labour Court, Guntur, in Industrial Dispute No. 4 of 1958, on its file. The petitioner is the employer. Under G.O.Ms. No. 144, Social Welfare and Labour Department, dated 3 February, 1958, the Government of Andhra Pradesh referred to the labour court for adjudication the above said industrial dispute between the workman one Dasari Muttiah, represented by the Andhra Provincial Press Workers' Union, Vijayawada, and the present petitioner who is the owner of Kalyani Press, Tenali. The dispute is with regard to retrenchment of the said Dasari Muttiah. The case of the petitioner is that the retrenchment was (lone bona fide and due to the fall in the business. The Kalyani Press, it is stated, is a very small concern and on account of the shrinkage of the work the retrenchment became inevitable. It was further stated before the tribunal that the requirements of S...
Jayalakshmidevamma Vs. Janardhan Reddy
Court: Andhra Pradesh
Decided on: Sep-25-1958
Reported in: AIR1959AP272
Satyanarayana Raju, J.1. This is an appeal, under Section 116-A of the Representation of the People Act, 1951, against the order of the Election Tribunal, Secunderabad, setting aside the election of the appellant to the Andhra Pradesh Legislative Assembly, from the Alampur Constituency.2. There was a general election in January-March, 1957, to the Andhra Pradesh Legislative Assembly from the single member constituency of Alampur in Mahahoobnagar district. The appellant and the respondent fought the election in a straight contest. The polling took place on 25-2-1957, and en 13-3-1957, the appellant was declared duly elected, she having secured the largest number of votes. The actual number of votes secured by the contestants is not available in the record, but we hava been informed by counsel that 13,345 votes were cast for the appellant and 13,267 votes, for the respondent.3. On 27-4-1957, the respondent herein filed a petition under Sections 80 - 84 of the Representation of the People...
Hindusthan Ideal Insurance Co. Ltd. Vs. B. Jayalakshmamma
Court: Andhra Pradesh
Decided on: Sep-24-1958
Reported in: AIR1959AP562
Munikanniah, J.1. In this appeal by the insurer, the following facts need be mentioned.2. The respondent's husband B. Venkatarama Naidu of Chelepalli had insured his life with the appellant-company who issued policy No, 10765 on 4-2-1949 marked as Exhibit A-1 under which the risk was to take effect from 20-12-1948. The premium was payable in half-yearly instalments of Rs. 302-8-0 and the second instalment was due to be paid on 20-6-1949.The assured did not pay this instalment within the period of grace which expired on 20-7-1949. On 30-7-1949 he paid Rs. 302-8-0 in the District Co-operative Central Bank Ltd., Chittoor, who were the bankers of the insurer. The appellant passed a receipt therefor on 1-8-1949, but as this instalment of the premium was paid out of time, the insurance company wrote Exhibit A-4 to the assured that the amount was credited to the 'anamath' account and reiterated the request to send interest and the form of health certificate in order to enable them to take nec...
Rajulapati Somiah and ors. Vs. Rajulapati Rattamma and anr.
Court: Andhra Pradesh
Decided on: Sep-22-1958
Reported in: AIR1959AP244
Bhimasankaram, J.1. This appeal arises out of a suit for setting aside an adoption instituted by the appellants. The three of them are brothers and sons of one Lakshmiah older brother of Ramaswamy, the deceased husband of Rattamma, the 1st defendant. The 2nd defendant is the boy adopted by Rattamma. He is the son of Rajamma, daughter of Rattamma and Ramaswami. Rajamma was married to Ramayya a bro-her of Rattamma. The plaintiffs' case is that the alleged adoption of the 2nd defendant by Kattamma on 5-6-1950 is neither true in fact nor valid in law. While maintaining that the adoption set up did not at all take place, they contend that, assuming that it did, it is invalid for the reason that their consent thereto --they being the nearest sapindas-- was not obtained.The defendants, on the other hand, assert that the adoption is true; they also maintain that the adoption is valid in spite of the fact that the plaintiffs withheld their consent to the adoption. Their case is that as the plai...
G. Gilda Textile Agency Vs. Government of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-19-1958
Reported in: [1959]10STC368(AP)
N. Kumarayya, J.1. The short point for determination in these two tax revision cases is, whether the petitioners were liable to tax for the years in question under section 14-A of the Madras General Sales Tax Act (IX of 1939) as agents of non-resident Bombay sellers in respect of sales of cotton textiles by such dealers to the dealers in Andhra State.2. The facts giving rise to this controversy are few and may be briefly stated. The petitioners, Messrs Gilda Textile Agency with their office at Vijayawada, are the agents for the sale of cotton textiles by Bombay sellers to dealers in Andhra State. They were not assessees before. Consequent upon the inspection of their shop premises and scrutiny of their accounts, the Commercial Tax Officer, Vijayawada, assessed them on a turnover of Rs. 4, 15, 088 in 1954-55 and Rs. 7, 13, 519 in 1955-56 to a tax of Rs. 6, 485-12-3 and Rs. 11, 148-12-0 respectively. The petitioners contended that they were mere indenting agents and their business consis...
Bathula Krishna Brahmam and ors. Vs. Daram Chenchi Reddy and ors.
Court: Andhra Pradesh
Decided on: Sep-19-1958
Reported in: AIR1959AP129; 1959CriLJ290
P. Chandra Reddy, C.J.1. These petitions are filed against the orders of different First Class Magistrates directing delivery of the properties to the trustees appointed by the Deputy Commissioner of the Board of Religious and Charitable Endowments under Section 87 of the Hindu Religious and Charitable Endowments Act (hereinafter to be called as the Act). A preliminary objection is taken to the maintainability of these petitions on the ground that the First Class Magistrate exercises only executive functions under Section 87 and does not act in a judicial capacity and that, at any rate, it was not as a Court that he exercises jurisdiction but as a persona designata. These arguments are based on a judgment of Justice Bhimasankaram in Anjayya v. Venkateswara Das, 1958-1 Andh WR 283. 2. To appreciate the points involved in these revision cases, it is useful to set out the relevant sections of the Act and of the Criminal Procedure Cede (hereinafter to be referred to as the Code). Section 8...
Maidi Bhikashmiah and anr. Vs. Venugopalrao and ors.
Court: Andhra Pradesh
Decided on: Sep-19-1958
Reported in: AIR1959AP146
Mohammad Ahmed Ansari, J.1. The two appellants are the plaintiffs, whose suit to recover possession of lands bearing S. Nos. 1035 and 1063 in Dharmapur village has been dismissed by both the Courts. The claim was filed against three persons; but the second and third defendants were mere servants of the first defendant, who is the real contestant in the case. The plaint was originally one for declaration and for injunction; but the possession of the properties was given to the 1st defendant under an order of the Revenue Minister which is dated 8-11-1952 and thereafter the plaintiffs have added the relief for the properties being delivered to them. In order to appreciate the several arguments urged in the appeal, it is necessary to state first certain admitted and proved facts in the case.2. The mother of the 1st appellant had sold the lands to one Viswanathani in 1330 Fasli (1920-21); when the 1st appellant was a minor. She had then executed a document transferring the lands in consider...
Kanteti Sastrulu Vs. Madupalli Venkateswara Rao
Court: Andhra Pradesh
Decided on: Sep-18-1958
Reported in: AIR1959AP232
P. Chandra Reddy, C.J.1. The question referred to the Full Bench is whether a Court can appoint a guardian to a minor in respect of trust properties.2. The circumstances under which this revision petition arises are these. One Kantheti Anjaneyulu founded 'Anjanoya Dasa Sri Ramanuja Kootam', endowed some properties to the institution and constituted himself a trustee. Under the settlement deed making the endowment, he made a provision that the trusteeship should vest in his family hereditarily. Under the same instrument, the founder appointed the present petitioner the guardian of his minor son to manage the trust properties.Alleging that the present petitioner was misappropriating the income from the institution and mismanaging its affairs, the present respondent (a close relation) moved the District Court, Krishna, under Section 39 of the Guardians and Wards Act for removal of the petitioner and to appoint a fit and proper person 'as the guardian for the minor hereditary trustee' and ...
Sripathy Janakiramayya and anr. Vs. Life Insurance Corporation of Indi ...
Court: Andhra Pradesh
Decided on: Sep-15-1958
Reported in: AIR1962AP63
Chandra Reddy, C.J.(1) This is an appeal against the Judgement of the Additional District Judge, East Godavari, directing execution of a decree to proceed.(2) The respondent, the South India Cooperative Insurance Society, Ltd. now represented by the Life Insurance Corporation of India, South Zone, United India Life Buildings, Madras, obtained a decree on the foot of a mortgage executed in their favour on 7-2-1941 for a sum of Rs. 7,500/-. This decree was passed under S. 51 of the Madras Co-operative Societies Act on 3-5-1954 on a reference to the Arbitrator by the Registrar. Shortly thereafter, execution was levied before the Deputy Registrar of Co-operative Societies. This was dismissed on 15-1-1954 for reasons which need not be narrated here. Subsequently an application is alleged to have been filed before the Deputy Registrar for transmission of the decree to the District Munsif's Court, RaJahmundry in February, 1957. Accordingly, the Deputy Registrar transferred it to that court fo...
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