Andhra Pradesh Court July 1959 Judgments
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Official Receiver, Nellore Vs. Chepur China Venkayya
Court: Andhra Pradesh
Decided on: Jul-31-1959
Reported in: AIR1960AP353
Sanjeeva Row Nayudu, J.1. This appeal is directed against the judgment and order of the District Judge's Court, Nellore dated 11-11-1955 confirming the judgment and order, of the Subordinate Judge's Court, Nellore, which dismissed the application, filed by the appellant herein, claiming to set aside the relinquishment deed executed by the insolvent in the case under Section 53 of the Provincial Insolvency Act.2. The learned Subordinate Judge took the view that the property covered by the relinquishment deed as well as the portion of the family house which was given to her as her residence did not vest in the Official Receiver, as it is an exempted item under Section 28, clause 5 of the Provincial Insolvency Act, read with Section 60 C. P. C. as the property was given to the insolvent in lieu of maintenance. This decision was confirmed on appeal by the District judge of Nellore, who took the view that the property given in lieu of maintenance is exempt from attachment and that even othe...
T.V. Krishna Vs. Andhra Prabha (Private) Ltd. and anr.
Court: Andhra Pradesh
Decided on: Jul-29-1959
Reported in: AIR1960AP123; [1960]30CompCas437(AP)
P. Chandra Reddy, C.J.1. Writ Petitions Nos. 476, 539 and 616 of 1959 are for the issue of a Writ of scire facias to rescind the certificate issued by the Registrar of Companies to Andhra Prabha Private Limited, Vijayawada, while Writ Petition No. 511 of 1959 is for the issuance of a Writ of Certiorari to quash the authentication of declaration by one of the respondents for the printing and publication of 'Indian Express' from Vijayawada. All the petitioners were either working journalists or workers employed in the Express Newspaper Private Limited and their petitions follow the same pattern and raise common questions of law and fact, and could, therefore, be disposed of in one judgment.2. A few facts, which are material for appreciating the issues involved in these petitions, may be briefly set out. Express Newspapers Private Limited, otherwise termed as the Express Group, has been publishing several dailies and weeklies amongst them being the Indian Express, Diuamani. Aidhra Prahha ...
V.H. Kotecha, Manager, Lakshmidas Premji, Ghee Merchants, Agraharam, G ...
Court: Andhra Pradesh
Decided on: Jul-28-1959
Reported in: AIR1960AP147; (1960)ILLJ55AP
Jaganmohan Reddy, J.1. This writ appeal is against the judgment of our learned brother Satyanarayana Raju J., whereby he dismissed the petition filed by the appellant under Article 226 of the Constitution. The main question in this is whether the appellant who was carrying on the business of collecting ghee brought by various intermediaries from the several places in Guntur and other districts, packing the same in tins. and despatching them to Calcutta, was employing 20 or more workers and was carrying on a manufacturing process within the meaning of the Factories Act LXIII of 1948 (hereinafter called the Act).2. On behalf of the petitioner, it is contended that the Regional Inspector of Factories, Guntur, was not right in concluding that the petitioner was employing more than 20 workers and that the pro-cess he was adopting for the past sixty years was a manufacturing process. He states that he merely purchases ghee from various intermediaries for the same to be put in a bhandi, from ...
The Deputy Inspector General of Police, North Range, Waltair and anr. ...
Court: Andhra Pradesh
Decided on: Jul-28-1959
Reported in: AIR1960AP259
Chandra Reddy, C.J.1. These two appeals are against the orders of Umamaheswarani J. in Writ petitions Nos. 439 and 613 of 1954. The question arising in both the appeals is the same and they could, therefore, be disposed of by a common judgment, although the respondents are different. The respondent in Writ appeal No. 90 of 1956 was a Sub-Inspector of Police, while the respondents in the other appeal were Police Constables working under this Sub-Inspector. The Sub-Inspector was dismissed from service on 20-10-1953 by the Deputy Inspector General of Police, and the constables were dismissed on 30-10-1953 by the District Superintendent of Police, as they were convicted of offences involving moral turpitude under Sections 331, 348, etc. of the Indian Penal Code and were awarded various terms of imprisonment.They filed appeals against their convictions and sentences in the High Court of Madras. Pending the appeals, the Andhra State was formed in October 1953. In January 1954, the Government...
The Deputy Inspector General of Police, North Range and ors. Vs. D. Ra ...
Court: Andhra Pradesh
Decided on: Jul-28-1959
Reported in: 1960CriLJ565
P. Chandra Reddy, C.J.1. These two appeals are against the orders of Umamaheswaram J. in Writ petitions Nos. 439 and 613 of 1954. The question arising in both the appeals is the same and they could, therefore, be disposed of by a common judgment, although the respondents are different. The respondent in Writ appeal No. 90 of 1956 was a Sub-Inspector of Police, while the respondents in the other appeal were Police Constables working under this Sub-Inspector. The Sub-Inspector was dismissed from service on 20-10-1953 by the Deputy Inspector General of Police, and the constables were dismissed on 30-10-1953 by the District Superintendent of Police, as they were convicted of offences involving moral turpitude Under Sections 331, 348, etc. of die Indian Penal Code and were awarded various terms of imprisonment.They filed appeals against their convictions and sentences in the High Court of Madras. Pending the appeals, the Andhra State was formed in October 1953. In January 1954, the Governme...
Arikatla Venkata Swami (Died) and ors. Vs. Mavillapalli Veeraiah and o ...
Court: Andhra Pradesh
Decided on: Jul-24-1959
Reported in: AIR1961AP157
Chandra Reddy, C. J. 1. This revision petition is against the order of the Subordinate Judge, Nellore. granting permission under Order II Rule 2 C. P. C. to institute another suit for recovery of the plaint C schedule properties.2. The plaintiffs, as reversioners to the estate of one Ramabotlu, who died in 1901 childless leaving behind him his widow Rosamma, brought a suit in the Court of the Subordinate Judge, Nellore, for recovery of the properties belonging to Rama-bhotlu. Rosamma died in January 1953. It was recited in the plaint that Ramabhotlu died possessed of the A and B Schedule properties, that the C schedule properties were acquired with the income from the A and B schedule properties, that, with a view to defeat the rights of the reversioners she began to take conveyances in the name of the defendant, who is her brother's son, and that they formed accretions to the estate notwithstanding this fact.3. The plaintiffs asked for a decree directing the defendant to deliver posse...
General Manager, Southern Railway Vs. Somasundaram (P.) and anr.
Court: Andhra Pradesh
Decided on: Jul-22-1959
Reported in: (1959)IILLJ706AP
ORDERMohammed Ahmed Ansari, J.1. The writ petitioner is the General Manager, Southern Railway, and seeks a writ to vacate an order by the Additional Commissioner for the Workmen's Compensation which was made on 12 July 1956. The sequence of events, which has led to the writ petition, can be shortly stated. P. Somasundaram, the respondent 1, was from August 1953 to November 1954 working as a stores clerk in the grain shop at Gooty. He was asked to take charge of the grain shop, because the then manager of the shop had small-pox and the respondent continued in the position from 19 April 1954 to 7 May 1954. While he was in charge, the grain shops at Raichur and Gooty were merged with effect from 1 May 1954 and the manager of the grain shop at Raichur was asked to take over charge of the shop at Gooty also, which he did on 7 May 1954. When the respondent had taken over the charge on 19 April 1954, a verification of the stock had been made by the then acting grain shop inspector and no defi...
Kammela Somasekhara Rao Vs. Kammela Seshagiri Rao
Court: Andhra Pradesh
Decided on: Jul-21-1959
Reported in: AIR1960AP321
P. Chandra Reddy, C.J.1. The question referred to the Full Bench is whether the transferor Court is bound to hear objections as to the exceutability of a decree raised by the judgment-debtor before an order for transmission is made.2. The respondent obtained a decree in O. S. No. 203 of 1948 against the appellant for a sum of Rs. 12,000/- with interest thereon at 6 per cent per annum from 1-9-1948 till realisation. Having unsuccessfully levied execution till the year 1954, the respondent applied for transmission of the decree to the District Court, Eluru, within whose jurisdiction the properties of the appellant are situated. The appellant opposed the application attacking the validity of the decree. The trial Court transmitted the decree to the District Court, Eluru, with the remark that the appellant would renew his application for the relief sought by him if he was so advised. That order is impeached by the aggrieved judgment-debtor in this appeal.3. It is urged by Sri Sankara Sastr...
In Re: Talaprolu Eswaramma
Court: Andhra Pradesh
Decided on: Jul-17-1959
Reported in: AIR1960AP66
ORDERUmamaheswaram, J.1. The short question that falls to be decided is whether an appeal filed against a decree ordering restitution of conjugal rights under Section 9(1) of the Hindu Marriage Act (XXV of 1955) should be numbered as a regular appeal or us a civil miscellaneous appeal. Sri Valluri Parthasarathi the learned Advocate for the petitioner invited my attention to the several provisions of the Act drawing a distinction between decrees and orders. Sections 9, 10, 11 and 12, relate to decrees tor judicial separation, decrees of nullity and decrees of divorce. Sections 24 - 26 relate to passing orders for maintenance and expenses of proceeding and for custody of children. Section 25 enacts that at the time of passing any decree, orders may be passed for maintenance and support also.Under Section 28, it is provided that all decrees and orders made by the Court in any proceeding under the Act shall he enforced in like manner as the decrees and orders of the Court made in the excis...
Appana Radha Sri Krishna Rao Vs. V.K.M. Kodandarama Chetti
Court: Andhra Pradesh
Decided on: Jul-17-1959
Reported in: AIR1960AP190
Bhimasankaram, J.1.These four second appeals arise out of four separate suits instituted by the aprrellant. The plaintiff is a resident of Vijayawada doing busi-ness as a commission agent and the defendants in the suits are traders residing at Vellore or Ami in the district of North Arcot. It would be sufficient to set out the facts in only one of the suits in some detail because the facts in all of them are substantially similar and for the purposes of this appeal involve only common questions of law. I shall refer to O.S. No. 37 of 1944 which is the first of these suits,2. The case of the plaintiff is that an agent of the defendant who came over to Vijayawadn engaged him as a commission agent for the purchase of dry chillies and he purchased for the defendant from several parties at Vijayawada a total quantity of 198 bags of chillies at varying prices between the 15th ana the 18th of February. 1944. The agent himself was present when the purchases were effected, 'verified the weighme...
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