Andhra Pradesh Court April 1959 Judgments
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Chavali Venkataswami Vs. Chavali Kotayyas and ors.
Court: Andhra Pradesh
Decided on: Apr-24-1959
Reported in: AIR1962AP14
Srinivasa Chari, J. (1) This appeal is against the order of the Subordinate Judge, Ongole, passed in I.. A.. No. 1032 and 1055 of 1958 in O. S. No. of 1958 on his file. The plaintiff is the appellant before us. The order that is now impugned is an order appointing the 1st defendant in the suit as a Receiver for the motor buses and lorries the permits for which stand in his name. The plaintiff was also appointed Receiver for the Buses and lorries whose permits stood in his name and likewise the third defendant was appointed Receiver for the lorries in his name. The court after appointing these Receivers directed them to furnish accounts every month to the court and whenever there was any difficulty in the management, they were directed to take directions from Court.(2) It may be necessary to state a few facts in order to understand how this litigation started and under what circumstances this order for the appointment of a Receiver was made. Five brothers, Papayya, Iyyavaru, Kotayya, Ja...
Abdulla Khan Vs. B. MiskIn Saheb and anr.
Court: Andhra Pradesh
Decided on: Apr-24-1959
Reported in: AIR1960AP149
Sanjeeva Row Nayudu, J.1. This appeal is directed against the judgment and order of the District Judge, Kurnool in I. A. No. 299 of 1957 in O. S. No. 4 of 1957 on the file of the District Court. Kurnool, refusing to grant an injunction restraining the defendants from continuing to make use of the label on their beedies which they have been all along using. The learned District judge held that the grant of a temporary injunction would result in giving the plaintiff undue advantage over the defeadants and that if ultimately the plaintiff had to succeed in the suit, he would be compensated by damages. This is a most extraordinary conclusion to come to on an application for an injunction to restrain the defendants from taking use of a trade mark which was likely to deceive the public into thinking that that trade mark was that of the plaintiff. If the reasoning of the learned District Judge were to he accepted, then there could be no injunction at all in any case of violation of a trade ma...
D. Sathiah and Co. Vs. Sales Tax Appellate Tribunal and ors.
Court: Andhra Pradesh
Decided on: Apr-24-1959
Reported in: [1960]11STC143(AP)
ORDERSatyanarayana Raju, J.1. This is a petition under Article 226 of the Constitution for the issue of a writ of certiorari quashing the order of the Sales Tax Appellate Tribunal in T.A. No. 75 of 1956 dated 15th February, 1957.2. The petitioner is a firm engaged in the manufacture and sale of chuttas out of tobacco purchased by them. For the assessment year 1954-55, their gross turnover was determined by the Sales Tax Officer at Rs. 89,798-14-8 and the taxable turnover at Rs. 76,858-14-2, out of which Rs. 57,061-11-8 was subjected to an additional tax of 6 pies in the rupee under Section 4(2) of the Hyderabad General Sales Tax Act. The petitioner challenges the assessment on the ground that there is no justification for the levy of additional tax on the sales turnover of chuttas because they are different from 'cheroots and cigars' which are included in item 12 of Schedule II of the Act.3. Item 12 of Schedule II reads:-Goods on which an additional tax is leviable : * * *12. Cigars, c...
Syamala Pictures, Ltd. Vs. M.V. Siva Sarma and ors.
Court: Andhra Pradesh
Decided on: Apr-23-1959
Reported in: AIR1960AP387
ORDERUmamaheswaram, J. 1. This is an application to revise the order of the Subordinate Judge, Vijayavada enhancing the fee payable to the Commissioner from Rs. 350/- to Rs. 1350/-. The question that arises for consideration is whether the subordinate Judge acted in accordance with the provisions of the Civil Procedure Code or the Civil Rules of Practice in directing an additional fee of Rs. 1000/- to be paid to the Commissioner.2. The relevant provisions are Order XXVI Rule 15(1) C P. C. and Rule 82 of the Civil Rules of Practice. Order XXVI Rule 15(1) C. P. C. is as follows:'Before issuing any commission under this order, the court may order such sum if any as it thinks reasonable for the expenses of the commission to be, Within a time to be fixed, paid into court by the party at whose instance or for whose benefit the commission is issued'.Rule 82 of the Civil Rules of Practice runs in the following terms:'(1) Every application for the issue of a commission shall be supported by an ...
Garapati Subbamma Vs. the Official Receiver, West Godavari at Eluru an ...
Court: Andhra Pradesh
Decided on: Apr-22-1959
Reported in: AIR1960AP144
Sanjeeva Row Nayudu, J.1. This Civil Miscellaneous Second Appeal is directed against the judgment and order of the District Judge of West Godavari in Civil Miscellaneous Appeal No. 14 of 1955, on the file of the said Court.2. The facts of the case briefly are as follows : One Garapati Venkata Rao (second respondent herein) had been adjudicated as an insolvent in I. P. No. 21 of 1952, on the file of the Subordinate Judge's Court, Eluru on 6-3-1953. The appellant herein, who is the mother of the second respondent and who is an old and blind woman aged about seventy years, filed a suit O. S. No. 525 of 1952, on the file of the District Munsiff's Court, Kovvur for her maintenance which she is entitled to obtain from out of the family properties. This suit was decreed and a charge was created on the properties of the second respondent in respect of the maintenance decree amount.3. The Official Receiver, West Godavari, Eluru filed LA. No. 1344 of 1954, under Section 54 of the Provincial Inso...
Chatti Narasimhamurti and ors. Vs. Narayanasetti Jagannaikulu
Court: Andhra Pradesh
Decided on: Apr-22-1959
Reported in: AIR1959AP619
ORDERMunikannaiah, J.1. The short question that arises in this revision application is whether interest at the contract rate provided in the mortgage deed could be awarded in regard to the amount for which a personal decree is passed under Order XXXIV, Rule 6 C. P. C.2. As the answer to this question is not to be made only on the legal principles applicable to the passing of the personal decree but the procedure adopted by the petitioners in seeking their remedy has a hearing on the ultimate decision of this question, a few facts need be stated : O. S. No. 61 of 1954 on the file of the Subordinate Judge of Srika-kulam, was filed on a simple mortgage bond and the preliminary and final decrees were also obtained^I. A. No. 132 of 1957 was filed for passing a personal decree against the mortgagors, as in execution of the mortgage decree the mortgage security was also exhausted. The personal decree was passed on 26-9-1957 specifying the interest on the amount so due at 18 per cent per annum...
In Re: Kamya
Court: Andhra Pradesh
Decided on: Apr-22-1959
Reported in: AIR1960AP490; 1960CriLJ1302
Jaganmohan Reddy, J.1. The Sessions Judge, Adilabad, convicted the accused under Section 302 and awarded life imprisonment. He also convicted him under Section 379 for robbery giving him 3 years R. I. The appellant and the brother of the father of the deceased Maria married sisters. It is said that on the day of the occurrence, namely, on 8-8-1958, the accused came to the house of the father of the deceased, Pochi-gadu and asked him where he was and when ha was told that he was away in the field, he wanted the deceased to take him and show him the places where his father was working. Pochigadu had two children, one is the deceased Digambcr of 7 years and the other a girl Satti aged 8 years. It is further alleged that the sister of the deceased, P.W. 14 saw the accused taking her younger brother at about 2 p. m., on the day of the occurrence.The accused and the deceased were seen going towards Bhainsa by P. W. 10 Nagiah. When Di-gamber did not return home, the sister and the mother bega...
Bhamidipati Saraswathi Vs. Bhamidipati Krishna Murthy
Court: Andhra Pradesh
Decided on: Apr-21-1959
Reported in: AIR1960AP30
P. Chandra Reddy, C.J.1. This is an appeal against an order refusing to grant interim maintenance under Section 24 of the Hindu Marriage Act (Act XXV of 1955) (hereinafter referred to as the Act).2. The facts that have contributed to this litigation may be briefly set out. The appellant is the wife of the respondent. They were married in April 1953, and thereafter, they lived for somc time in the residence of the respondent's father. Later on they took up their abode at Visakhapatnam. Till October 1955, the parties lived together -- and there is controversy as to whether they got on amicably and lived a happy life. Whatever that be, the trouble started when the appellant had an attack of small-pox and was sent to her parents' house in Rajahmundry at her request according to the respondent, and without her consent, according to the appellant. Subsequently, she would not go back to her husband, whatever might be the reasons with which we are not concerned at present.3. It is the case of ...
Srinivasan (N.A.) Vs. State of Andhra (Secretary, Public Works and Tra ...
Court: Andhra Pradesh
Decided on: Apr-21-1959
Reported in: (1959)IILLJ569AP
P. Chandra Reddi, C.J.1. In this petition under Article 226 of the Constitution, the validity of the order removing the petitioner from service is questioned.2. The material facts may be briefly stated. The petitioner, who is a B.E. of the Madras University, joined service as a Municipal Electrical Engineer in or about the year 1938 and served in several municipalities in such capacity between 1938 and 1950. When he was the Municipal Electrical Engineer at Bellary, the Bellary Municipal Electrical Works were taken over by the Government. Thereupon, the petitioner was appointed as an Assistant Engineer, Electrical Operation, Bellary. In December 1950, he was transferred to Proddatur in Cuddapah district.3. Subsequently, a petition was received from the President, Panchayat Board, Pugalur; Coimbatore district, alleging corruption and several irregularities on the part of the petitioner. The matter was entrusted to the Superintendent of Police, X-Branch, C.I.D., Madras, for enquiry and re...
G. Venkataswami Vs. Pogaku Ramanna and anr.
Court: Andhra Pradesh
Decided on: Apr-17-1959
Reported in: AIR1960AP168
Seshachelapati, J.1. This second Appeal arises out of a suit (O. S. No. 548 of 1951) on the file of the District Munsiff Court, Madanapalle, instituted by the present Appellant for settlement of accounts between himself and the defendants and for calling upon the latter to account for the plaintiffs share or the profits of the partnership business carried on under the name and style of Rama and Swamy in the Madanappalle town and for a direction to the defendants to pay to him his half share of the profits. A preliminary decree was passed on 28-11-1952. A Commissioner was appointed to go into the accounts and submit a report.It was accordingly submitted. A final decree was passed directing the plaintiff to pay Rs. 630-6-0 to the second defendant and Rs. 2,119-5-9 to the 1st defendant retaining his own (plaintiff) share of the profits of Rs. 2,112-10-4 subject to the payment of the necessary court-fee thereon. Against that final decree the plaintiff filed an appeal (A. S. 161 of 1954 on ...
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