Andhra Pradesh Court August 1959 Judgments
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Akella Venkata Suryanarayanamurthy Vs. Nandigam Lakshmi Narayana
Court: Andhra Pradesh
Decided on: Aug-28-1959
Reported in: AIR1960AP544
ORDERUmamaheswaram, J. 1. Two questions arise for decision in the Civil Revision Petition, (1) Whether the transfer of the decree in O. S. No. 48 of 1950, Sub Court, Rajahmundry, and A. S. No. 629 of 1951 of the High Court of Andhra obtained under Exhibits A-2 by the transferee from his father is a true and genuine one? and (2) Whether the respondent is not entitled to attach the said decrees under Order XXI Rule 53, C. P. C.? The court below rightly found in paragraph 9 of the order that stamps purchased by third parties were pressed into service for the purpose of obtaining the transfer.The transfer purports to be for a sum of Rs. 5000/. due by the father to the son. The amountunder the two decrees transferred does not amount to even Rs. 4000/-. I agree with the finding ofthe District Munsiff that the transfer was made with a view to defeat the attaching decree-holder's rights.2. There is also no force in the contention of Sri V. V. Krishnamurthy, the learned Advocate for the petitio...
Chittoor Public Transport Service Company Vs. Industrial Tribunal and ...
Court: Andhra Pradesh
Decided on: Aug-28-1959
Reported in: (1959)IILLJ709AP
ORDERBhimasankaram, J.1. The petitioner seeks the issue of a writ of certiorari quashing an award of the Industrial Tribunal, Hyderabad, dated 4 October 1957. The petitioner is the management of the Chittoor Public Transport Service Company, Chittoor. On 10 April 1956, it dismissed one M. Krishnamurthi, an employee in its service. A number of fellow-workers took up the cause of the dismissed employee and demanded his reinstatement. Upon the refusal of the petitioner to reinstate him the matter was taken before the Government who referred the dispute for adjudication to the industrial tribunal. The tribunal found that there was deliberate disobedience by the workman of an order issued by the management but being of the opinion that order of dismissal was unnecessarily 'harsh and unjustified,' directed reinstatement of the employee, 'with continuity of service but without payment of back wages.'2. It is argued for the petitioner that once it is found that there was misconduct on the part...
Venkataswami (R.) Vs. Director of Commerce and Industries and anr.
Court: Andhra Pradesh
Decided on: Aug-27-1959
Reported in: (1959)IILLJ702AP
ORDERBhimasankaram, J.1. By an order dated 3 May 1955, the Director, Commerce and Industries Department, Hyderabad, appointed the petitioner as the manager, dyeing and printing section, in the Co-operative Work Centre, on a salary of Rs. 200 per mensem; the terms of the appointment were that he was to be on probation for six months in the first instance, and that his appointment was purely temporary and co-terminable with the scheme, or by one month's notice on either side. On 1 September 1956, his services were terminated-it being stated in the order that they were so terminated as his work was not found satisfactory. The petitioner states that he was not given one month's notice or even a month's salary in lieu of notice and complains that this termination of service is contrary to Article 311 of the Constitution of India. But, in my opinion, this termination is neither a dismissal, nor a removal within the meaning of that article. The Government was perfectly within its rights in te...
D. Rajagopala Rao Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-26-1959
Reported in: AIR1960AP184; 1960CriLJ455
ORDERSeshachelapati, J.1. This is a petition under Section 581A of the Cr. P. C. praying for the calling of the records pertaining to C. C. No. 58 of 1959, on the file of the Judicial Second Class Magistrate, Vijayawada Town and to quash all the proceedings as being illegal and without jurisdiction. The facts relevant to this case may be briefly stated :2. The petitioner is the accused in the criminal case (C. C. No. 58 of 1959) now pending. It isalleged that on 22-8-1958 at about 7-30 P.M. while the wife of T. V. Nagabhushanarao was going along the road in Vijayawada town, some one is alleged to have snatched a gold chain from her neck and the jewel fell on the road. It is stated that the petitioner happened to be going along the road on his bicycle. T. V. Nagabhushana Rao suspected that! the petitioner was the thief and, therefore, took him to the police station at Vijayawada and made a report about the occurrence.The police would appear to have made investigation and examined some w...
Sri Rajah Malludora Vs. Rajah Yanumula Suryanarayana and ors.
Court: Andhra Pradesh
Decided on: Aug-26-1959
Reported in: (1960)IILLJ281AP
ORDERJagnmohan Reddi, J.1. This petition is for the restitution of the amount of pension paid to the respondents as a consequence of the order of stay made by the High Court of Madras in C.M.P. No. 5539 of 1953, dated 23 June 1953.2. The facts of the case may briefly be stated. The respondents were in receipt of pension of Rs. 100 each under the Pensions Act from out of the amount of pension payable to the petitioner who was the pension-holder. It was represented to the Government that the respondents were in impecunious circumstances and consequently out of the amount of pension payable to the applicant, they were entitled to certain sums which contention was accepted by the Government and the aforesaid sums were ordered to be paid as per orders of the Government dated 30 January 1951. Subsequently, the applicant brought it to the notice of the Government that the respondents were in affluent circumstances, had landed property and therefore were not entitled to any payment of pension....
Andhra Scientific Co. Ltd., Masulipatam by the General Manager Vs. A. ...
Court: Andhra Pradesh
Decided on: Aug-25-1959
Reported in: AIR1960AP526; (1959)IILLJ717AP
Seshachalapati, J.1. This is a petition under Article 226 of the Constitution of India to call for the records relating to the award made in Industrial Dispute No. 8 of 1957, on the file of the Labour Court, Andhra Pradesh, Guntur, and to quash the award of the Labour Court dated 11-3-1958, directing the reinstatement of the 1st respondent in service ,and granting him certain other ancillary reliefs.2. The petitioner before this Court is the Andhra Scientific Company Ltd., Masulipatam, represented by its General Manager. The Company originally started as a private proprietary concern of one A. R. Murthy. In or about 1937, it was converted into a public limited liability Company and incorporated under the Indian Companies Act. After such incorporation, A. R. Murthy and Company were the managing agents till 1949, when Srimanth Industrial (Private Limited) became the managing agents. The principal business of the Company is the manufacture and sale of scientific instruments, apparatuses, ...
Saladi Satyam Alias Satyanarayanamma Vs. Saladi Somanna and ors.
Court: Andhra Pradesh
Decided on: Aug-21-1959
Reported in: AIR1960AP313
ORDERMunikanniah, J.1. This Revision Petition is filed by the plaintiff against the order of the District Munsiff of Ramachandrapuram demanding payment of ad valorem court-fee on the value of the plaintiff's share under Section 7, Clause (v) of the Court-fees Act (Act VII of 1870).2. The plaintiff is the widow of one Rama-krishna Rao who died some time after 1-5-1937 after bequeathing under a will of that date all his properties to the plaintiff with absolute rights. It is alleged in the plaint that Ramakrishna Rao was entitled to a l/4th share in the family properties. The averment in the plaint is that Ramakrishna Rao got divided in status in 1932 and was in enjoyment of Ac. 0-76 cents of land which was tentatively put in his possession pending the partition which was complete even till the date of the filing of the plaint.A further averment is made to the effect that the attempts of the defendants to recover possession of these Ac. 0-76 cents of land from the plaintiff by filing O. ...
Sri Krishna Rice Mills, Tadepalligudem by Proprietor Sait Bansilal (Di ...
Court: Andhra Pradesh
Decided on: Aug-21-1959
Reported in: AIR1960AP431
P. Chandba Reddy, C.J.1. These petitions under Article 228 of the Constitution are Sled by rice millers of West Godavari, East Godavari, Krishna and Guntur Districts. They mainly raise a question relating to the validity of the Essential Commodities Act, 1955 (Act X of '1955) as amended by Acts XIII and XXVIII of 1657 (hereinafter referred to as the Act) and certain notifications and orders issued thereunder.2. The relevant facts may be briefly stated. A notification issued by the Government of India acting under Sub-section (3-A) of Section 3 of the Act as amended by Act XIII of 1957 directed that the price at which rice or paddy shall be sold in any locality in the States and union territories in compliance with, an order made with reference to Clause (f) of Sub-section (2) of the said Section 3 shall be regulated in accordance with the provisions of the said Sub-section (3-A), having entertained the opinion that it was necessary so to do for controlling the rise in prices and for pr...
Chandaji Sukhraj and Company Vs. Lal and Co. (Tobacco Trading Company) ...
Court: Andhra Pradesh
Decided on: Aug-20-1959
Reported in: AIR1960AP444
Ranganadham Chetty, J. 1. This dispute is primarily between two firms of traders in tobacco at Guntur. Plaintiff-firm asks for a settlement of accounts of a partnership entered into on 21-4-1951 with the first defendant firm for a period of one year, or in the alternative, for a dissolution of the said partnership and for settlement of accounts. The business of the partnership consisted in purchasing tobacco chura from I. L, T.D. Company. The first defendant, Lal and Co., whose financing partner is the second defendant and the managing partner, the third defendant, had entered into a contract on 20-4-1951 with the I.L. T.D. Company for the purchase of tobacco chura. The first defendant had a licence from the Government foe dealing in tobacco. The next day, that is, on 21-4-1951 the partnership was entered into. The terms were, inter alia, that the plaintiff firm should finance the joint venture to the extent required except in a sum of Rs. 10,000 which obviously the other partner, name...
Commissioner for Hindu Religious and Charitable Endowments, Andhra Vs. ...
Court: Andhra Pradesh
Decided on: Aug-18-1959
Reported in: AIR1960AP535
Munikanniah, J.1. This appeal is directed against the judgment and decree of the Subordinate Judge, Rajahimundry, declaring the title to the choultry known as 'Nagara. Viduthi' at Aryapuram, Rajahmundry in favour of the plaintiff who is the managing society of that choultry. The appellant is the Commissioner for the Hindu Religious and Charitable Endowments, Andhra. The 1st respondent is the managing society represented by its authorised agent and the 2nd respondent is the Gurukul of Sri Marakata Vinn-yakaswamy temple situate in the precincts of the chatram,2. The facts leading to this litigation maybe briefly stated: The building of Nagara Viduthi was purchased on 25-8-1920 by the plaintilf-society who is the 1st respondent herein. It consists of a large terraced building with a spacious compound measuring about 2,400 Sq. yards. It serves as a private lodge; and boarding and Other amenities. t0 the members of the Nattukottai Chettiar Vysya Community who visit the place are provided. I...
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