Andhra Pradesh Court April 1960 Judgments
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Mutha Sarvarayudu and ors. Vs. Vammi Kondalarayudu and ors.
Court: Andhra Pradesh
Decided on: Apr-22-1960
Reported in: AIR1961AP219
Krishna Rao, J. 1. This is an appeal by defendants 1 to 5 and arises out of a suit in ejectment which was decreed in favour of the 1st respondent-plaintiff by the court of the Subordinate Judge, Kakinada. The property in dispute is an extent of Acs. 8-0 of inam dry land, forming a portion of survey No. 640, which measures acs. 32-01 and is held under patta No. 6, in the village of Chebrolu in the Estate of Pit(SIC) The plaintiff's case was that the entire survey No. 640 was one of the properties that fell to the share of his maternal grand-father, Peethala Appanna, at a partition between the latter and the latter's brother, Peethala Rajayya, that the said Appanna, having no sons, gave his properties before he died in 1928 to the plaintiff under a registered settlement deed Ex. A. 3 dated 25-11-1926 and that subsequently the plaintiff sold portions of survey No. 640 to different persons and retained possession of the remaining acs. 8-00. He brought the suit on 2-2-1948 for a declaration...
Kakumani Lakshmamma Vs. Kakumani China Kondayya and anr.
Court: Andhra Pradesh
Decided on: Apr-22-1960
Reported in: AIR1961AP505
Srinivasachari, J.1. This is an appeal against the judgment of our learned brother, Ansari, J., in Second Appeal No. 1247 of 1954. Although the decision of this appeal depends upon a pure question of law, it would be necessary to set out in detail the facts giving rise to this appeal. The dispute is with regard to the properties of one Ramaswamy who was one of the three sons of Periah. Ramaswami died possessed of properties mentioned in plaint schedules A, B and C and 1/3rd share in D schedule lands.Ramaswami's father had three sons, Ramaswami, Ramiah and Poliah. These three brothers acquired considerable property, movable and innmovable, out of their joint labours. Poliah died leaving behind him his son, Periah. Somewhere about 1937 Ramaswami, his brother, Ramiah and his nephew, Periah (son of Poliah) divided he properties and in the aforesaid partition A to C schedule properties and an undivided 1/3rd share in D schedule property (pasture lands) fell to the share of Ramaswami.At this...
Union of India (Uoi) Represented by the Post Master General, Madras Vs ...
Court: Andhra Pradesh
Decided on: Apr-21-1960
Reported in: AIR1961AP67
Chandra Reddy, C.J.1. This appeal is filed by Union of India under Clause 15 of the Letters Patent against the judgment of our learned brother, Manohar Pershad, J., dismissing A. S. No. 340 of 1953.2. The material facts may be briefly set out. One Lakshminarasimha Sarma, an employee in the Subordinate Judge's Court, Amalapuram, East Goda-vari District, effected postal life insurance policy for Rs. 4000/- on 3-4-1939 and assigned the same on an endorsement in favour of two of his sons and the said assignment was registered in the office of the Post Master General, Madras on 9-8-1947. The said Lakshminarasirnha Sarma who was in need of money for educating his children, wanted to surrender his policy and obtain the surrender value under a letter dated 8-7-1948.The Post-Master-General informed him that without a re-assignment of the policy in his favour, he could not apply for the surrender value. Thereupon the assured got a re-assignment effected on 31-7-1948 and it was registered in the ...
Shakuntala and ors. Vs. M.B. Jaisoorya and ors.
Court: Andhra Pradesh
Decided on: Apr-21-1960
Reported in: AIR1961AP390
Srinivasachari, J.1. This appeal is against the judgment of our learned brother, Ansari, J. The facts relating to this appeal briefly are that one Bhumayya, son of Sambiah, was the owner oF house No. 489-16-B (new) known as 'Rukmini Vilas' situated in Mahubpura, Gowliguda, Hyderabad. The said Bhumiah executed a will on 23rd Isfanclar, 1349 Fasti (23rd January 1940), under which he bequeathed the house by dividing it into three portions giving away two portions to his sons, who are defendants 1 and 2 in the case, and one portion to his wife, Rukkamma.Three rooms on the ground floor and three rooms on the top floor, marked red in the plan annexed to the will, were given over to the wife, while two rooms on the first floor and three rooms on the ground-floor, marked yellow in the plan were given over to the sons. The further recital in the will is to the effect that the upstairs of the house and three rooms on the ground floor were in the occupation of Dr. Bopardikar with whom the propert...
Workmen of Hyderabad District Board and ors. Vs. Industrial Tribunal a ...
Court: Andhra Pradesh
Decided on: Apr-20-1960
Reported in: (1960)IILLJ394AP
ORDERSeshachalapathi, J.1. This is a petition under Article 226, of the Constitution of India for the issue of a writ of certiorari to quash the order, dated 7 June 1957, of the Industrial Tribunal, Andhra Pradesh, Hyderabad.2. The petitioners are the workmen of the Hyderabad District Board, Saroonagar, which has been cited as the respondent 2. The respondent 1 is the industrial tribunal.3. The learned Government Pleader has represented to me that he was not instructed ho appear for the respondent 1, as in the opinion of the Government the district board which was really the contesting party would appear before me and make such representations as it may deem fit. But I find that though it has been served, the board has taken no steps to get it represented by counsel. A counter also has not been filed.4. The petitioners claim to be the workmen under the District Board, Hyderabad. 'Between the workmen and the employees of She District Board, Hyderabad, and the employer there were certain...
K.V. Ramaniah Vs. Special Public Prosecutor
Court: Andhra Pradesh
Decided on: Apr-18-1960
Reported in: AIR1961AP190; 1961CriLJ601
Kumarayya, J.1. These three revision petitions have come before us on reference by our learned brother, Basireddy, J. They are directed against the order, dated 18-9-1959, made by the Addl. Sessions Judge, Hyderabad, whereby he rejected the preliminary objections taken to the initiation of proceedings in C. C. Nos. 1 to 5 of 1959. The petitioners herein are concerned only with C. C. Nos. 1, 3 of 1959 and 5 of 1958. They call in question the legality and the correctness of the above order so far as it affects them.C.C. Nos. 1/59 and 5 of 1958 out of which Cr. R. Cs. 598 and 599/59 arise were instituted against K. V. S. Padmanabharaju, the editor, printer and publisher of 'Navasakti' a Telugu Weekly which has a wide circulation in Andhra Pradesh especially in Hyderabad District including the twin cities of Hyderabad and Secunderabad. C. C. No. 1 of 1959 relates to the publication of an alleged defamatory statement in 'Navasakti' in the issue dated 12-10-1958 which affects Sri Balakrishna...
In Re: Madanlal
Court: Andhra Pradesh
Decided on: Apr-18-1960
Reported in: AIR1960AP622
ORDERKrishna Rao, J. 1. This is an application for the suspension of a sentence of imprisonment and for bail, made under Sections 426 (2-B), 498 and 561-A of the Cr. P. C. in the following circumstances. The petitioner was the 1st accused in Sessions case No. 8 of 1938 on the file of the Court of Session, Hyderabad and was convicted and sentenced by the Sessions Judge to rigorous imprisonment for 5 years for an offence punishable under Section 326 read with Section 34 I. P. C. He preferred an appeal to this Court against the conviction and sentence and was released on bail under Section 426(1) pending the appeal. On 23-4-1959, the Appeal was dismissed and on 30-11-1959, he was granted a certificate under Article 134(1)(c) of the Constitution for a further appeal to the Supreme Court. Thereafter he lodged his appeal in the Supreme Court, which was numbered as Criminal Appeal No. 16 of 1960 and made the present application on 25-2-1960 to this court. Ha states that he has not moved the S...
Gudavalli Narasimha Rao Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Apr-18-1960
Reported in: (1960)IILLJ387AP
ORDERSeshachalapathi, J.1. This la a petition under Article 226 of the Constitution of India for the issue of a writ of certiorari or any other appropriate writ or direction to quash the order of the respondent 1 made in G.O. Ms. No. 2315, Education, dated 4 October 1056, confirming the order of the respondent 2, dated 9 November 1955, and to give a consequential direction to reinstate the petitioner in grade I.2. The petitioner is a Hindi pandit in Board High School, Kovvali, West Godavari, and, therefore, an employee of the respondent 3, the District Board of West Godavari represented by the Special Officer. He states that he was appointed as a teacher on 9 February 1937, that in 1939 be obtained a diploma in Rashtra Bhasha Examination of Dakshina Bharat Hindi Prachar Sabha and that by an order dated 9 December 1941 his services were confirmed as a Hindi pandit with effect from 26 September 1940. By proceedings dated 2 October 1949 the Special Officer of the District Board, West Goda...
Padala Latchamma and anr. Vs. Mutchi Appalaswamy and anr.
Court: Andhra Pradesh
Decided on: Apr-15-1960
Reported in: AIR1961AP55
ORDERSanjeeva Row Naidu, J.1. Two points have been taken in this C.R.P. : (1) that the custom set up is invalid, being opposed to Jaw; (2) that section 14 of the Hindu Succession Act, 1956 gave absolute rights to the widow in the property in her hands and therefore any custom to the contrary cannot prevail against the express provisions of the statute. The petitioners figured as defendants 1 and 2 in the suit. One Muchi Sithanna married the 1st petitioner Padala Lachamma about 10 or 12 years ago. At the time of the marriage she was given a gold Kanti weighing 2 tolas and silver ornaments of 4 tolas. Subsequently Sithanna died. Then Latchamma married Padala Pottiyya who figured as the 2nd defendant in the suit in or about April or May, 1956.It is claimed by the plaintiff, Appalaswami, who is the father of Sithanna, that he is entitled to recover the Ornaments given to the 1st defendant at the time of her marriage, as she has remarried, in accordance with the custom prevailing in Golla c...
Nalluri Venkataraju and anr. Vs. the State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Apr-15-1960
Reported in: AIR1961AP50
Chandra Reddy, C.J.1. Two of the residents of Balakrishnapuram, Tiruitanj Taluk, which was till the 1st of April, 1930 a part of Chittoor District, question the vires of the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959, (hereinafter referred to as the 'Act' for the sake of brevity). They seek a writ of mandamus to restrain the State of Andhra Pradesh from enforcing the provisions of the said Act.2. It is necessary to trace briefly the origin of the Act. On 1st October 1953, the Andhra State was formed under the Andhra State Act, 1953. At that time, the boundaries between the Andhra State and the State of Madras and Mysore were not finally settled and the Prime Minister of India announced that a Boundary Commission or Commissions might have to be appointed to determine the exact boundaries of these States. Pursuant to this, several steps were taken for adjusting the boundaries between Andhra and Madras States and a census of the various border villages was collected by...
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