Andhra Pradesh Court November 1960 Judgments
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Voleti Venkata Rama Rao Vs. Kasapragada Bhaskararao and ors.
Court: Andhra Pradesh
Decided on: Nov-29-1960
Reported in: AIR1962AP29
Satyanarayana Raju, J. (1) This appeal is against the judgement and decree of the court of the Subordinate Judge, Amalapuram, in O. S. No. 44 of 1953, and relates to the succession to the immovable properties of late Kesapragada Bhaskararao, a Brahmin Karnam, who died on the 29th November, 1903, without issue, but leaving a widow.(2) The suit was instituted on the 15th April 1953, by Voleti Venkata Ramarao, the adopted son of the step-sister of Bhaskara Rao for the recovery of possession of the properties mentioned in the plaint A and B schedules and for future profits.(3) The following genealogical table will be useful in explaining the relationship of the parties to this litigation:KESAPRAGADE VENKANNA-------------------------------------------------------------------------------------------------------------PerrajuChina Subbarayudu------------------------------------- -----------------------------------------------Venkayya Veeraju=Mahalakshma Ramayya Perraju Gopalam Subbarao(died)(d...
Wudali Gangamma Vs. Wudali Subbarayudu and anr.
Court: Andhra Pradesh
Decided on: Nov-29-1960
Reported in: AIR1961AP510; 1961CriLJ760
ORDERMunikanniah, J. 1. The petitioner claimed maintenance from her husband in 1948 and filed an application under Section 488 of the Code of Criminal Procedure. The respondent who is her husband was drawing a salary of Rs. 124/- per mensem in 1948 when the monthly allowance payable to the petitioner was fixed at Rs. 35/- per mensem. The respondent was a teacher and seems to have risen to the post of Principal of a High School in Secunderabad in 1958, The petitioner thereupon filed an application under Section 489 Cr. P. C., for alteration of the monthly allowance payable to her on the ground that there has been a change in the circumstances of her husband and that she is therefore entitled to enhanced allowance. 2. The Judicial 1st Class Magistrate, Kurnool, found that it is common ground that the respondent is now earning Rs. 470/- p.m., and that when the order of allowance was made in 1948 the salary of the respondent was only Rs. 124/- p.m. It was also found that the respondent has...
Pedda Seetharamappa and ors. Vs. Pedda Appaiah
Court: Andhra Pradesh
Decided on: Nov-25-1960
Reported in: AIR1962AP84
(1) S. A. No. 852 of 1957, on behalf of the defendants is directed against the judgment and decree of the Subordinate Judge of Anantapur dated 26th February, 1957, allowing the appeal and decreeing the suit of the plaintiff respondent, for a declaration of his right to the use of the cart tracks A B C D and A B C E in the plaint plan and for a permanent injunction restraining the defendants from interfering with the respondent's user of the above siad cart tracks, which was dismissed by the District Munsif.(2) The facts which given rise to this appeal are: The appellants and the respondent are residents of Konapuram Village in Kalyandurg Taluk and are closely related to each other. The respondent is the owner of plot P in Cherlothota shown in the plaint plan. The way to this field is through G. A. B. C. D. in the plaint plan and at point C the way bifurcates; the C E is used for taking carts to Cherlothota. All the sharers of Cherlothota have been using the said track for taking their ...
Poornachenna Basavayya and Sons Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Nov-25-1960
Reported in: [1961]12STC634(AP)
ORDERChandrasekhara Sastry, J. 1. This is a revision under Section 22(1) of the Andhra Pradesh General Sales Tax Act (VI of 1957). The petitioner is an assessee under the Madras General Sales Tax Act. The assessment year is 1955-56. The assessee is a dealer in mill yarn and had obtained a licence for the year 1955-56 to deal in cotton yarn other than hand-spun yarn. He returned a gross turnover of Rs. 2,71,635-14-0, but was assessed on a net turnover of Rs. 2,78,389-0-0. Exemption was claimed in respect of Rs. 2,71,635-14-0 on the ground that the assessee was not the first dealer after the import of goods into the State of Andhra liable to tax, and non-resident dealer being the first seller. The assessing authority, while disallowing the exemption, determined the net taxable turnover at Rs. 2,78,389-0-0 and the assessee was finally assessed to a tax of Rs. 1,460-8-6. An appeal was preferred to the Deputy Commissioner of Commercial Taxes, Guntur. But the appeal failed substantially. The...
K. Santhakumari Vs. K. Suseela Devi
Court: Andhra Pradesh
Decided on: Nov-24-1960
Reported in: AIR1961AP424
Anantanarayana Ayyar, J. 1. This is a petition to revise the order of the District Munsiff, Kollapur dated 26-3-1959 holding that the two documents which had been filed by the defendant in that suit were contracts of sale and not agreements of sale and ordering as follows: '.......Definitely they are contracts of sale which require stamp according to Article 16 of the Hyderabad Stamp Act. Sheristadar is directed to calculate the penalty and submit. Party producing them to deposit the penalty as levies by the Court. In case the party fails to deposit the penalties the documents shall be impounded and sent to the Collector for necessary action. For evidence of defendant call on 11-4-1959.' 2. Two contentions have been raised before me as follows: 1. That the two documents are not sales but agreements to sell. 2. That the learned District Munsiff erred in ordering payment of stamp duty and penalty before the stage of admission of documents in evidence was reached. 3. POINT NO. 1 : Both t...
Vadla Veerabhadrappa Vs. Challa Venkatappa
Court: Andhra Pradesh
Decided on: Nov-23-1960
Reported in: AIR1961AP226
Sanjeeva Row Nayudu, J.1. This appeal is directed against the judgment and order of the Additional District Judge, Anantapur, dated 5th February, 1958, in A. S. No. 64 of 1957, on the file of the said Court, ordering remand of the suit to the Court of first instance, namely the Court of the District Munsif of Anantapur for fresh disposal.2. The question for determination in this appeal is whether the order of remand passed by the Additional District Judge is legally sound and supportable.3. The plaintiff brought the suit O. S. 275 of 1955 out of winch this present appeal has arisen for a declaration of his rights as well as that of the village community to use the public pathway indicated in the plaint plan, and to the peaceful enjoyment thereof as well as the open space around a certain fire pit situated in the area, and for an injunction restraining the defendant from interfering with the said rights, and for a mandatory injunction for the removal of the carts of the defendant from t...
Federation of Labour Co-operative Ltd. Vs. S. Baliah
Court: Andhra Pradesh
Decided on: Nov-22-1960
Reported in: AIR1962AP69; (1961)ILLJ565AP
(1) This appeal is directed against the order of the Aditional Commissioner,Andhtra Pradesh dated 22-11-1957 passed in W. C. Application No. N. F./21/57 on his file. (2) The facts out of which this appeal has arisen may be briefly stated. One Baliah, the respondent herein, was working at the relevant time i.e., 16-2-1957, when the accident with which we are concerned in this case occured, as a driver of a concrete mixer run by an oil engine. As a driver of that mixer, he noticed that the tooth wheel of that machine had sprung loose, and accordingly,started to tighten the nut so as to prevent the tooth wheel of the machine getting further loosened, which would have resulted in the drum of the machine coming down. In the process of attending to this, the thumb and index finger of the respendent were caught in the machinery and were cut off. This resulted in the respondent remaining in the hospital for treatment for a period of nearly two months; and he having lost, as a result of the acc...
Sirpur Paper Mills, Ltd. Vs. Industrial Tribunal and ors.
Court: Andhra Pradesh
Decided on: Nov-22-1960
Reported in: (1961)ILLJ561AP
ORDERChandra Reddi, C.J.1. This appeal is directed against the judgment of Basi Reddi, J., dismissing a petition for the issue of a writ of certiorari to quash the determination of the Industrial Tribunal, Hyderabad.2. The workers of Sirpur Paper Mills, Ltd., which is situate in the State of Andhra Pradesh, raised a dispute with regard to contract labour employed by the company for certain purposes. The workmen demanded that the contract system of labour should be abolished and that these labourers should be absorbed on permanent basis. They also wanted revision of grades and enhancement of deafness allowance. The refusal of the company to comply with these demands led to a dispute between the employers and the employees.3. To resolve this, the Government of Andhra Pradesh, in exercise of the powers conferred on them by Clause (d) of Sub-section (1) of Section 10 of the Industrial Disputes Act, 1947, referred for the adjudication of the industrial tribunal, an industrial dispute existi...
Syed Mash-hood Ali ors. Vs. the Secretary, Board of Secondary Educatio ...
Court: Andhra Pradesh
Decided on: Nov-21-1960
Reported in: AIR1962AP187
ORDER(1) These three writ petitions arise out of the action taken by the Commissioner for Government Examination, Andhra Pradesh, in cancelling the marks obtained by the petitioners in all the subjects at the H.S.C. Public Examination of March 1961. The action was taken on the ground that the three petitioners had indulged in malpractices during the said examination. These three writ petitions can be disposed of by a common judgment as the facts are similar and the question of law that arises is the same. In W.P. No. 523/60 the petitioner is Syed Mashhood Ali and his roll number at the examination was 9790; the petitioner in W. P. No. 527/60 is Alam Ali Khan and his roll number was 9820. The writ petitioners will be referred to hereinafter as the 1st, 2nd, and 3rd petitioner respectively.(2) The order by which the punishment was awarded to the petitioner was made on 1-7-1960 and it was in the following terms:'Sub : H. S. C. Public Examination March April 1960 - Alleged malpractice by c...
Maremanda Seshamma Vs. Jooluri Narasimha Rao and ors.
Court: Andhra Pradesh
Decided on: Nov-18-1960
Reported in: AIR1963AP167
ORDERAnantanarayana Ayyar, J.1. This is a petition to revise the order of the learned District Judge, Guntur In I.A. No. 554 of 1959 in A.S. No. 247 of 1953 on his file.2. The relevant facts are briefly as follows:-The appellant in A. S. No. 247 of 1953 filed I.A. No. 554 of 1959 under Order 26, Rules 4 and 6 C.P.C., praying to issue a commission for examination of a Handwriting Expert at Delhi. The learned District Judge passed an order directing the petitioner to pay the expenses of the other party. The petitioner failed to pay expenses accordingly. In consequence, the learned District Judge passed the order rejecting the petition. Hence this revision has been filed.3. The learned advocate for the petitioner relies on the decision of a Division Bench of the Madras High Court in Tata Iron and Steel Co. Ltd. v. Ibrahim Rowther, : AIR1955Mad654 . Therein, the question as to whether the Court can order a party under Order 26, Rule 15 C.P.C., to pay expenses of the opposite party came up ...
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