Andhra Pradesh Court October 1959 Judgments
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Jalli Venkataswamy Vs. the Correspondent, Kasturiba Gandhi Basic Senio ...
Court: Andhra Pradesh
Decided on: Oct-29-1959
Reported in: AIR1961AP178
ORDERBasi Reddy, J.1. This is an application under Article 228 of the Constitution, filed by one Jalli Ven-kataswamy, a former Headmaster of the Junior Basic School, Konetipuram, Repalii Taluk, Guntur District, for the issue of an appropriate writ calling for the records relating to the order of the 4th respondent (Government of Andhra Pradesh, represented by the Secretary, Education Department) in Memorandum No. 59155-C 1/56 Education, dated 27-10-1956; the orders of the 3rd respondent (the Divisional Inspector of Schools, Anantapur) in L. Dis. No. 183-E/56 dated 18-7-1956 and in Roc. No. 384-E/56 D/- 19-11-1956; the orders of the 2nd respondent (The Basic Educational Officer, Anantapur) in Roc. No. 20-C/56 dated 2-6-1956 and in Roc. No. 200/56 dated 5-12-1956; and the notice of the 1st respondent (the Correspondent, Aided Senior Basic School, Konetipuram) dated 19-6-1954; and to quash the aforesaid order of the 4th respondent and the consequential orders of the 3rd respondent dated 1...
Gajula Bapaiah and ors. Vs. Velavala Subbaiah and ors.
Court: Andhra Pradesh
Decided on: Oct-29-1959
Reported in: AIR1960AP507
Anantanarayana Ayyar, J.1. In E. P. No. 13 of 1954 in O. S. No. 69 of 1947 on the file of the Subordinate Judge's Court, Tenali, the plaintiff-decree-holder sought to enforce certain security bonds which had been executed for the defendant by various sureties (before the decree was passed), for mesne profits for various years. The learned Addl. Subordinate Judge, Jenali dismissed the E. P. as against the first surety with costs and ordered execution to proceed as against the other sureties. The plaintiff-decree-holder has filed this civil miscellaneous appeal against that order as regards the first surety alone.2. The relevant facts of the case are stated correctly in para 2 of the lower court's order and are as follows:3. The suit O. S. No. 126 of 194G was originally instituted in the court of the Dt. Munsif, Repalli valuing the relief at ten times the land revenue in accordance with the law which was then in force.The valuation was proper in accordance with the decision of the Madras...
The State of Andhra Vs. Chippada Govaraiah and ors.
Court: Andhra Pradesh
Decided on: Oct-29-1959
Reported in: [1960]11STC207(AP)
Kumarayya, J.1. The short point for determination in this case is whether the Appellate Tribunal was right in holding that the Deputy Commissioner was not the proper authority to rectify the mistake alleged to have been committed by the Commercial Tax Officer.2. To appreciate the arguments advanced, it is necessary to make a brief statement of the facts. The respondent was assessed to sales tax on a turnover of Rs. 1,21,383-12-7 for the year 1949-50 by the Deputy Commercial Tax Officer, Bobbili, on 31st March, 1952. Aggrieved by this he went in appeal before the Commercial Tax Officer, Srikakulam, who was then the Appellate Authority, claiming deduction of certain items from the turnover. The Commercial Tax Officer, however, allowed certain items and disallowed certain others.3. Now, we are concerned only with an item of Rs. 16,590-8-0 in respect of which the Commercial Tax Officer had held against the respondent but failed to include the same in calculating the aggregate turnover in t...
Rajah Malraju Venkata Rama Kondal Rao Bahadur Zamindar Varu Vs. Rani R ...
Court: Andhra Pradesh
Decided on: Oct-28-1959
Reported in: AIR1960AP509
Ansari, J. 1. The plaintiff is the appellant and seeks to reverse the decree by the Subordinate Judge, dismissing his suit to obtain possession of the properties, which had been later converted into one for the declaration of his title. The following pedigree would show how the appellant and two of the three defendants to the plaint are related : 2. The appellants maternal grand-father was the Zamindar of Vuyyur and other estate in the old Nuzvid Zamindari: and his mother was his grandfather's only child. On 10-7-1900 the grand-father bad executed a will. Ex. A-l, making thereby various dispositions, and among others bequeathing to his daughter three villages of Krishnampalem, Mangayapalem and Guddigudem. It is common ground that the aforesaid will was executed while the testator was in a sound and disposing state of mind, and its being genuine is also not disputed in this case, In the same year the will was written, the testator had entered into an ante-adoption agreement which is dat...
Public Prosecutor Vs. C.D. Naidu and ors.
Court: Andhra Pradesh
Decided on: Oct-27-1959
Reported in: AIR1960AP367; 1960CriLJ887
Bhimasankaram, J.1. This is an appeal by the State against an order of acquittal. Each of the 17 respondents was charged under two counts -- one under Section 143 I. P. C. and another under Section 341 J. P. C. The learned District Munsiff-cum-First Class Magistrate rejected the evidence of all the prosecution witnesses except two which he did not take into consideration because he thought it was not 'relevant and admissible'. It is best to state his reasons in his own words.'First I propose to consider whether the evidence of the Deputy Superintendent of Police and Sub-Inspector of Police cart be acted upon by the Court in deciding the case of the accused. This case is filed by the prosecution under the amended Criminal Procedure Code, and it is on a police report under Section 173 Cr. P. C. In such cases it is obligatory 011 the part of the prosecution to decide before commencement of the enquiry what witnesses it proposes to examine in support of its case and mention their names in ...
Mareddi Venkata Rami Reddy Vs. Mareddi Adinarayana Reddy and ors.
Court: Andhra Pradesh
Decided on: Oct-23-1959
Reported in: AIR1960AP271
Syed Qamar Hasan, J.1. Appeal No. 627 of 1954 on the file of this Court in which the question was whether the trial court was right in decreeing the suit for specilic performance of contract of sale, was dismissed by our judgment d/- 24-4-59. Therein we, however, granted a fresh-period of three months to enable the successful plaintiff to deposit the balance of purchase price amounting to Rs. 75,000/ from the date of the judgment. Plaintiff, the petitioner herein deposited Rs. 53,500/ in the trial court on 24-7-1959 which was the last day of the extended time granted by us.In order to enable him to. deposit the remaining balance of Rs. 21,500/ he filed the present civil miscellaneous petition praying that on the facts and grounds affirmed in the accompanying affidavit, an extension of time may be granted to him by three weeks from 24-7-1959. We are informed that during the pendency of the petition, the petitioner has by 4-8-1959 deposited Rs. 21,500/ in the trial court. Be that as it m...
Pilla Satyanarayana Vs. Vadaparthi Ramabrahmam
Court: Andhra Pradesh
Decided on: Oct-23-1959
Reported in: AIR1960AP230
Satyanarayana Raju, J.1. The following question has been referred to the full Bench :'What is the meaning to be given to words give such security for the performance of the decree' in the Proviso to Section 17 of the Provincial Small Cause Courts Act (Act IX of 1887)?'2. The facts which have given rise to this reference may be briefly stated. The respondent filed S. C. S. No. 365 of 1953 on the file of the District Munsifs Court, Narsapur, for recovery of a sum of Rs. 260-14-3 on foot of a promissory note. On 20th August 1953, an ex parte decree was passed in his favour. Within five days thereafter, the petitioner filed I.A. No. 1243 of 1953 for setting aside the ex parte decree.Along with that application he filed a draft security bond offering to give his immovable property as security for the suit amount. The respondent raised objections with regard to the adequacy of the security, but on 2nd November 1953, his objections were overruled and the petitioner was called upon to file the...
Public Prosecutor (Andhra Pradesh) Vs. Narkidimilli Srirambhadrayya an ...
Court: Andhra Pradesh
Decided on: Oct-23-1959
Reported in: AIR1960AP282; 1960CriLJ569
Jagan Mohan Reddy, J.1. These criminal appeals and revisions' arise out of the Judgment and order of acquittal by the Sessions Judge, East Godavary, under the Prevention of Food Adulteration Act. Several persons were convicted of the charge of adulteration of milk, ghee and pulses under Section 16(1) and Section 7 read with Section 2(i)(a) of the Prevention of Food Adulteration Act, hereinafter called 'the Act''. They were convicted and fined but on appeal the Sessions Judge acquitted them on the ground that the Sanitary Inspectors, who were appointed as Food Inspectors under Section 9 of the Act, were not properly appointed in exercise of the powers confened by the Section, and consequently they were not authorised to make complaints under Section 20 of the Act. In this view, he held that the trials were without jurisdiction and, therefore, quashed the convictions and set aside the orders of fine imposed on several of the accused.2. Appeals 142, 143 and 145 to 148 are cases in which t...
Velaga Narayana Rao and ors. Vs. the Deputy Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Oct-23-1959
Reported in: [1960]11STC145(AP)
ORDERBhimasankaram, J.1. The petitioner in W.P. Nos. 1084 and 1085 of 1957 is the same. In the first of these petitions, he challenges the validity of a provisional and in the second the validity of a final assessment to sales tax made against him under the Andhra Pradesh General Sales Tax Act, 1957, by the Deputy Commercial Tax Officer, Kakinada-II. The provisional assessment was for the year ending 31st March, 1958, while the final assessment was for the year ending 31st March, 1957 and both were made on the same day and by the same order. The petitioners in the other petitions challenge the final assessments made against them, some relating to the year 1956-57 and others to the year 1957-58. It is unnecessary to mention in detail the facts relating to each of these cases. It is sufficient to state that all the petitioners claim that they are permanent residents of Yanam, which is being administered by the Union Government under an agreement with the Government of France dated 30th O...
In Re: K. Rama Rao
Court: Andhra Pradesh
Decided on: Oct-22-1959
Reported in: AIR1960AP441; 1960CriLJ1181
ORDERMunikanniah, J.1. This revision petition is filed by the sole accused who had been convicted by the Judicial First Class Magistrate, Adoni, for offences under Sections 419 and 420 I. P. C., and sentenced to rigorous imprisonment for two years on each count. The sentences were ordered to run consecutively.2. The facts admitted by the accused may first be set out. On 1-11-1948, the accused applied to the Madras Public Service Commission for the post of a supervisor (Civil Engineering) and stated in his application Ex, P-41 the following:'Kunigal Ramarao, son of K. Narayana Rao, occupation landlord, residing in Basant Road, Bezwada; place and date of birth Nellore and 11-6-1922; highest qualification possessed in Engineering (Col. 8) held the decree of B. E. (Civil), Mysore University and enclosed a provisional certificate obtained from the University of Mysore and because of the degree claimed to be qualified for service.' The Public Service Commission considered this application of...
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