Andhra Pradesh Court December 1960 Judgments
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Anchuru Veerapa Naidu Vs. Gurijala Venkaiah Chowdari
Court: Andhra Pradesh
Decided on: Dec-23-1960
Reported in: AIR1961AP534
Kumarayya, J.1. This appeal arises out of a suit brought in forma pauperis for partition of A, B and D schedule properties into four equal shares and possession of one such share in A and B schedule properties only, or in the alternative, for specific performance of an agreement to convey C schedule property and delivery of its possession with past mesne profits.2. The plaintiff and defendant do not belong to the same family. Whereas the former is a member of Anchuru family, the latter belongs to Gurujala family. The following geneological table would bring out the mutual relationship between the parties: ANCHURU FAMILY | Parappanaidu | __________________________________ | | | Kondappanaidu Raghavulu Pichamma (died about 1908) Naidu =Gurijala Venkamma Naidu | ______________________________ | | | Chinasubba Veerappanaidu Kanakamma Naidu (Piff.) =Gurijala Narasappa Naidu. GURIJALA FAMILY | Pitchamma=Venkamma Naidu | ________________________________ | | | Narasappa Peramma Subbamu Naidu ...
The Public Prosecutor Vs. Konduru Venkata Raju
Court: Andhra Pradesh
Decided on: Dec-22-1960
Reported in: AIR1962AP334
Jaganmohan Reddy, J.(1) This case has been referred to us by our learned brother sharfuddin Ahmed, J. as involving interpretation of various sections of the Criminal Procedure Code. In order to understand the question involved for our decision, it is necessary to state a few facts.(2) A-1 to A-6 were charged with offences punishable under Secs. 487 and 380, I.P.C. before the Judicial Second Class Magistrate, Piler, of whom A-1 was found guilty under Sec. 411, I. P. C. and sentenced to four months R. I. The Magistrate, however, convicted A-2 to A-6 also under Sec. 411 I. P. C. but having regard to the fact that they are first offenders and also to the fact that he had not the powers to give the benefit of S. 562, Cri. P. C. submitted the proceedings to the Additional District Munsiff-Magistrate, Madanapalli for passing order under Sec. 380, Cri. P. C.It may be stated that before even the Additional District Munsiff-Magistrate, Madanapalli disposed of the matter under Sec. 380, Cri. P. C...
Vadapalli Sattaiah Vs. Custodian, Evacuee Property, Govt. of A.P., Hyd ...
Court: Andhra Pradesh
Decided on: Dec-21-1960
Reported in: AIR1961AP477
Ramachandra Rao, J.1. This is an application by the petitioner for the issue of a writ of mandamus or any other appropriate writ or directions calling upon the respondent-Custodian of Evacuee Property, State of Andhra Pradesh, Hyderabad to pay to the petitioner the amount decreed to him in O. S. NO. 32/1 of 1358 Fasli, on the file of the Sessions Court, Secunderabad against the judgment-debtor, Khwaja Hussain Timmapuri, an Evacuee from and out of the monies belonging to the said evacuee in the hands of the respondent2. The facts are shortly as follows: On 24-1-1949, the petitioner herein filed a suit O. S. No. 82/1 of 1358 Fasli in the Court of the Sessions Judge, Secunderabad against the said Timmapuri and his partner for the recovery of Rs. 37,864-10-8 being the amount due on the foot of khata dealings. The petitioner obtained an attachment before judgment of the said Timmapuri's house in Nallagutta, Secunderabad. After the defendant had been served with notice, the petitioner's Advo...
Nannapaneni Ramakrishnaiah and ors. Vs. State
Court: Andhra Pradesh
Decided on: Dec-19-1960
Reported in: AIR1965AP361
Krishna Rao , J. (1) These appeals arise out of the JUDGMENT of the Sessions Judge, Khammam in sessions Case No. 13 of 1959, Sentencing all the four accused to rigorous imprisonment for seven years each under S 326 read with S. 34, Indian Penal Code and to rigorous imprisonment for two years each under S 324 read with S. 34 Indian Penal code and accused 1 and 2 to rigorous imprisonment for seven years each under also S. 392 read with S. 397, Indian Penal Code. The convictions under S. 326 read with s. 34 were upon charges under s. 302 read with s. 34, Indian Penal code for the murder of two persons, Narayana and Jankayya, in the village of Jammalapuram at about 4 p. m. on 12-12-1958. The convictions under s. 324 read with s. 34 were for hurt caused at the same time to Raghvaiah (P. W. 1) and to Seetharamaiah (P. W. 2). The convictions under 392 read with S. 397 Indian Penal Code were for the robbery of a cartload of paddy from Narayana's possession. appeals Nos. 654, 689 and 694 of 195...
D.D. Italia Vs. Superintendent, Central Excise, Khamam Circle, Khammam ...
Court: Andhra Pradesh
Decided on: Dec-19-1960
Reported in: AIR1961AP341
Ramachandra Rao, J. 1. The petitioner is the sole proprietor of Bhikajee Dadbhai Rice and Oil Mills situated in Khammam. During the period from 1-4-1951 to 30-9-1952 the said mill was being run by the petitioner. From 1-10-1952 to 30-9-1954 the said mill was being run in partnership with respondent No. 2, who was the managing partner and was actually in charge of the running of the mill and the maintenance of tho accounts. From 1-10-1954 to 30-8-1955 the mill was leased ont on contract to respondent No. 3.On 8-10-1956 respondent 1, the Superintendent of the Central Excise, Khammam Circle,Khammameth issued a notice of summry demand on the petitioner calling upon him to pay a sum of Rs. 8,633-10-0 as the oil seeds cess under the Indian Oil Seeds Committee Act (Act IX of 1946) (hereinafter referred to as Act) for the period beginning from 1-4-1950 to 30-9-1955. The peti-tioner sent letters to the 1st respondent denying his liability to pay the amount of demand.The petitioner thereafter fi...
M. Gangama Naidu Vs. Siddaiah Naidu and anr.
Court: Andhra Pradesh
Decided on: Dec-15-1960
Reported in: AIR1962AP11
ORDER(1) The point which has been referred to this Court for determination by the learned Additional Sessions Judge, Chittoor, is:'Whether the dismissal of the petition to examine a witness on behalf of the prosecution after the charge has been framed against the accused cannot be upheld in view of the state of law as it prevails'.(1a) The facts leadings to this reference are the following: The complainant made allegations against the accused that the accused had defamed him and his firm . In the complaint he did not state the name of any witness for him . The complainant has examined himself as P.W.1. After the chief examination of P.W.1, charges were framed under sections 500 and 501, Indian Penal Code, against both the accused on 15th April, 1960. That day the accused did not cross examine P.W.1.The witness was recalled on 27th May , 1960, for cross - examination by the accused and in the meanwhile the case underwent two more adjournments on account of the absence of one or the othe...
H. Ahmed and Co. Vs. Kohinoor Glass Factory Ltd., Hyderabad
Court: Andhra Pradesh
Decided on: Dec-15-1960
Reported in: AIR1961AP476
Jaganmohan Reddy, J.1. The question before the Full Bench is, whether the decree sought to be executed by the appellant is a foreign decree and whether, after the inauguration of the Constitution and the application of the Indian Civil Procedure Code to the Hyderabad State, it could be executed. The Executing Court notwithstanding the fact that there were reported judgments of the Hyderabad High Court holding, that such decrees passed by the courts in British India could be executed after the application of the Indian Civil Procedure Code, decided that the Bombay decree obtained by the appellant was an ex parte decree and being a foreign decree, it could not be executed except by way of a suit.Subsequently, a Bench of this Court, to which one of us was a party held in Kishendas v. Indo Carnatic Bank, AIR 1958 Andh Pra 407 that decree passed by the Madras High Court prior to the inauguration of the Constitution and the application of the Indian Civil Procedure Code by Act II of 1951 cou...
Chilamakuri Chinna Pullappa Vs. Guruka Chinna Bayanna and ors.
Court: Andhra Pradesh
Decided on: Dec-14-1960
Reported in: AIR1962AP54
Satyanarayana Raju, J. (1) This is an appeal from the judgement ans decree of the Court of the Subordinate Judge, Anantapur, in Original Suit No. 58 of 1955.(2) The facts material for appreciating the question debated before us are not in dispute. The plaint schedule proporties belonged to one Toomula Hanumappa, resident of Kottalapalli in the Anantapur District. His wife was Viyyamma. He had a son and a daughter. His son, Peddayya died shortly after his marriage. Hanumappa executed a will on 19th December, 1941. He died on 22nd July, 1942. His widow Viyyamma, died on 22nd February, 1954. Peddakka, the daughter of Hanumappa, who was married to the 1st defendant predeceased her mother on 8th July 1945. Defendants 1 and 2 arebrother and are the sister's sons of Hanumappa. Plaintiff is the son of another sister of Hanumappa. He instituted the suit on 17th November, 1955 for a declaration of his title to a 1/3rd share out of the properties comprised in the estate of Hanumappa and for parti...
Ramappa (M.) Vs. Government of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Dec-13-1960
Reported in: (1961)ILLJ569AP
ORDERP. Chandra Reddi, C.J.1. The petitioner seeks the removal of an order of dismissal passed by the Government of Andhra Pradesh on certiorari.2. The material facts giving rise to the writ petition are capable of a concise statement. The petitioner Joined the Hyderabad Revenue Service in 1940 and from 1948 onwards he had been holding the posts of the category of District Collector. In 1956, he was appointed the Deputy Secretary to Government in the Public Works Department, while so, on the basis of a report submitted by the X Branch, OLD., in respect of certain allegations of corruption and other misconduct, the Government of Andhra Pradesh referred the matter to the Tribunal for Disciplinary Proceedings under Section 4 of the Hyderabad Public Servants (Tribunal of Inquiry) Act, 1950 (XXIII of 1950) (hereinafter will be referred to as the Act for convenience).2. As many as nineteen charges of corruption were framed against him by the Tribunal and the petitioner was called upon to fur...
Bandaru Subbaraidu Vs. Alluri Satyanarayana Raju and ors.
Court: Andhra Pradesh
Decided on: Dec-12-1960
Reported in: AIR1962AP25
(1) This second appeal is against the decree and judgment of the learned Subordinate Judge of Amalapuram, in A. S. No. 51 of 1955 which reversed the decree and judgement of the District Munsif, Razole, in O. S. No. 101 of 1953.53As the lower appellate court disposed of the appeal merely on the question of law which was taken as a preliminary point, I called for a finding in regard to issue No. 1. The learned Subordinate Judge submitted his finding that the transaction was entered into fraudulently with a view to defeat and delay the creditors of defendants 2 to 6 and that on the date of Ex. B-1, there were several creditors, viz., the plaintiff, defendants 7 and 8, P. Ws. 2 and 4, who were pressing the defendants 2 to 6 for payment. The result is while the plaintiff succeeded in getting concurrent findings in his favour on issue No. 1, he failed to obtain a decree as it is considered by the lower appellate court that this suit by a creditor to declare a mortgage in favour of another cr...
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