Andhra Pradesh Court September 1959 Judgments
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Rambala Mulaswami and ors. Vs. G. Sreeramamurti and ors.
Court: Andhra Pradesh
Decided on: Sep-15-1959
Reported in: AIR1960AP520
Krishna Rao, J. 1. The two plaintiffs constituted a firm of which the 1st plaintiff, Golakoti Sreeramamurty, was the managing partner. They carried on trade in paddy, rice etc. from 1-1-1949 till the end of that year in the Jayalakshmi Jayarama Rica Mill, which they took on lease for a rent of Rs. 4,000/- from the 1st defendant, Rambala Mulaswami. Defendants 2 to 6 were the undivided sons of the 1st defendant, who was the manager of their joint family. The family owned extensive lands besides the aforesaid rice mill and sold quantities of paddy to the plaintiffs, receiving payments from time to time. The suit was brought to recover, with subsequent interest and costs, an amount of Rs. 5927-5-9, claimed as due in respect of these transactions, on what was alleged by the plaintiffs to be a mutual, open and current account kept between them and the defendants in the regular course of business. The amount claimed was made up of a principal sum of Rs. 5,212-6-6, being the balance due up to ...
J.N. Eranna Rao Vs. Vitta Dodda Hanumanthappa Subbayya Setty and Co. B ...
Court: Andhra Pradesh
Decided on: Sep-11-1959
Reported in: AIR1960AP331
Basi Reddy, J.1. The plaintiff is the appellant. The suit out of which this second appeal arises was brought by the plaintiff against the respondent, who was the defendant in the suit, for the recovery of a sum of Rs. 4450-10-0 being the value of 17 tons of oil-cake said to have been supplied by the plaintiff to the defendant on 8-7-1951. The learned District Munsiff of Adoni who tried the suit accepted the plaintiff's case and decreed the suit with costs. On appeal, the learned District judge of Kurnool reversed the judgment and decree of the trial court and dismissed the suit.2. The case of the plaintiff is as follows :3. The plaintiff is the owner and proprietor of an oil mill at Adoni called 'Sree Maruthi Oil Mills, Adoni'. He used to manufacture groundnut oil, oilcake and such other by-products, The defendant. which is a firm at Adoni represented by its managing partner Vitta Anjanayya, had been the plaintiffs customer from 1949 and was purchasing oil-cake from the plaintiff. On 6...
Vadrevu Annapurnamma Vs. Vadrevu Bhima Sankararao and ors.
Court: Andhra Pradesh
Decided on: Sep-11-1959
Reported in: AIR1960AP359
Sanjeeva Row Nayudu, J.1. This appeal is directed against the judgment and decree of the Additional Subordinate Judge of Rajahrmundry dated 14-4-1953 in O. S. No. 3 of 1952 on the file of the said Court declaring the right of the plaintiff that she is entitled to a partition of the plaint A, B and C schedule properties into two equal shares and for recovery of possession of one such share.2. The suit was brought by the widow of late Bangarraju and the mother of the 1st defendant claiming to be entitled to the entire A schedule properties with absolute rights and to a half share in the plaint Of schedule properties and for possession thereof. This relief was based on a will said to have been executed by late Bangarraju on 26-2-1950 under which the testator bequeathed the entire A schedule properties with absolute rights to the plaintiff and a half share in the plaint C schedule properties with absolute rights to the plaintiff. In addition, the will, it is claimed, bequeathed the entire ...
Gogineni Satyanarayana Rao Vs. T.S. Rao, District Panchayat Officer, K ...
Court: Andhra Pradesh
Decided on: Sep-11-1959
Reported in: AIR1960AP337
Chandra Reddy, C.J.1. This is a petition to quash the order of the District Panchayat Officer, Khammam, accepting the nomination of the second respondent for election to the Senate of the Osmania University from the Local Bodies' Constituency, Khammamet District to be held in the month of August-September 1959.2. The Osmania University Act (IX of 1959) was enacted in February 1959) Section 11 of the Act indicates the authorities of the University of which the Senate is one. The composition of the Senate is provided for in Section 17. The Senate should consist of three kinds of members such as (i) Ex-officio members, (ii) Life members and (iii) other members. Under class (iii) one person has to be elected from among themselves (other members) by the members of the Committees of Municipalities, the members of the District Boards and the Saipanchas of Gram Pancliayats in each district in the University area. It is in connection with the election of such persons that a notification was iss...
Wangapally Latchiah Vs. Peddi Laxmiah and anr.
Court: Andhra Pradesh
Decided on: Sep-10-1959
Reported in: AIR1960AP272
Manohar Pershad, J.1. This appeal has come up before us on a reference made by one of us. The suit was by an endorsee of a promissory note. Besides other defences raised on the merits, one plea that was taken was that the assignee was a money lender within the meaning of the Hyderabad Money Lenders Act and not possessing a licence, the suit was liable to be dismissed. It appears that this question was raised before the trial Court also.That court relying upon an earlier decision of the Hyderabad High Court, Shamshir Ali v. Ratnaji. ILR 1952 Hyd 95 : (AIR 1952 Hyd 58) decreed the suit. On appeal, the lower appellate Court relying upon the case of Hanmantrao v. Nalliah, ILR J953 Hyd 17 ; (AIR 1952 Hyd 98), dismissed the suit. In Second Appeal, Sri Venkatachar, learned counsel for the appellant argued before the Single Judge that the provisions of the Hyderabad Money Lenders Act do not apply to an endorsee of a promissory note.His further contention was that under the Negotiable Instrumen...
Bandi Lakshmamma Vs. Janne Achamma
Court: Andhra Pradesh
Decided on: Sep-10-1959
Reported in: AIR1960AP516
Chandra Reddy, C.J.1. This appeal is filed by the first respondent in O.P. No. 79 of 1957 on the file of the District Court, Anantapur, against the order of the District Judge giving to the respondent the custody of her minor daughter, Sanjeevamma, under the Guardians and Wards Act. 1890.2. The facts that have given rise to this appeal may he briefly stated. The application was filed by the mother of Sanjeevamma under Section 10 of the Guardians and Wards Act for the custody of her minor daughter against her own mother and brother with whom the minor was living. Sanjee-vamma was the only surviving issue of the respondent whose husband died in 194S leaving a will dated 30-6-1948 by and under which he settled some property on his sister, Narayanamma. The testator also expressed his desire that his daughter, Sanjeevamma, should be married to the adopted son of P. W. 4.3. The application was opposed by the appellant on the ground that it was not in the interests of the minor that she shoul...
In Re: Kudumula Mahanandi Reddi and ors.
Court: Andhra Pradesh
Decided on: Sep-07-1959
Reported in: AIR1960AP141
Manohar Pershad, J. 1. These two appeals, Criminal Appeals New. 431 and 524 of 1958, the former on behalf of accused I to 4 and the latter by the State, are directed against the judgment of the Sessions Judge of Cuddapah holding accused I to 4 guilty under Second Part of Section 304 I.P.C. read with Section 34 I.P.C. for the murder of Kesireddi and sentencing each of them to seven years rigorous imprisonment, and also holding 1st accused guilty under Section 324 I.P.C. for voluntarily causing hurt to P. W. 1 and sentencing him to two years' rigorous imprisonment, and also holding 4th accused guilty under Section 325 I.P.C. for voluntarily causing grievous hurt to P.W. 1 and sentencing him to three years' rigorous imprisonment, all the sentences to run concurrently.2. The facts leading to these appeals are: Accused 1 to 4 were charged with the murder of one Vennapusa Kasireddi in the village of Peddapasupula on 18-1-1958 at about 10 A.M. near the rastha at Pedda Ankanna's kallam. The pr...
Public Prosecutor, Andhra Pradesh Vs. T. Amrath Rao and ors.
Court: Andhra Pradesh
Decided on: Sep-04-1959
Reported in: AIR1960AP176; 1960CriLJ452
Krishna Rao, J.1. This is an appeal by the PublicProsecutor against the acquittal of the three respondents upon a charge under Section 12 of the Press and Registration of Books Act XXV of 1867 (hereinafter called 'the Act'). The prosecution case is that the respondents published at Hyderabad printed Telugu leaflets, one of which has been marked as Ex. P-l, without the names of the printer and of the publisher and the place of printing and of publication being printed on them. The leaflets were printed at the Pearl Press, Secunderabad. The evidence of P. W. 1, the proprietor of the press is that on or about 27-12-1957, the 1st respondent gave him the order to print them and that on 31-12-1957, the 1st respondent took delivery of 500 out of 1000 copies that were printed. The matter printed in the leaflets may be shortly described as an appeal to police men to support the Andhra Pradesh. Police Employees' Association. Below this matter, the names and other particulars of the respondents a...
Vijaya Commercial Bank Ltd. Vs. Nadella Sivaramakrishnayya and ors.
Court: Andhra Pradesh
Decided on: Sep-02-1959
Reported in: AIR1962AP48; 1961(1)AnWR291; [1961]31CompCas468(AP)
1. This is an application under Sections 45-A and 45-B of the Banking Companies Act (X ofd 1949 as amended by Act LII of 1953) for a declaration that the proceedings in I. P. No. 19 of 1958, on the file of the Sub Court, Masulipatam and the order of adjudication passed therein are null and void and not binding on the Vijiya Commercial Bank Ltd. (in liquidation).(2) The facts giving rise to this application are these. The Vijaya Commercial Bank Ltd., (hereinafter referred to as the banking company) was wound up by an order of the High Court of Judicature. Madras, made in O. P. No. 417 of 1953. As Nadella Sivaramaakrishnaiah (hereinafter referred to as the debtor) was, on the date of the winding up order, indebted to the banking company, he was included in the lists of debtors prepared by the liquidator. By an order of the Madras High Court, dated 7th December, 1954, he was directed to pay a sum of Rs. 7,692-9-9 with further interest and a certificate was accordingly issued under Section...
Dr. K. Ramachandran Represented by His Natural Father, Power-of-attorn ...
Court: Andhra Pradesh
Decided on: Sep-02-1959
Reported in: AIR1960AP603
ORDERBhimasankaram, J.1. The petitioner is represented by his natural father, power of attorney-holder. The father obtained permission on behalf of the petitioner from the Commissioner, Municipal Corporation, Hyderabad for the construction of a building in a site owned by the petitioner. He submitted a plan of the proposed building and that place was approved on 13-6-1957. But on 19-10-1957, the Commissioner served the petitioner with an order in these terms: 'With reference to the above subject, this is to inform you that your neighbour on the Eastern side is aggrieved with the construction of W. C. Bath, attached to his wall, his existing window and ventilators and thereby affecting the privacy, air and light into the room. In addition to this a proposal for acquisition of land at the Southern side of your building for widening the existing lane is under consideration. Hence you are hereby intimated that the permission granted to you is further modified and permission for W. C. and b...
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