Andhra Pradesh Court August 1960 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
In Re: N. Venugopal and ors.
Court: Andhra Pradesh
Decided on: Aug-31-1960
Reported in: AIR1961AP370
Srinivasachari, J.1. These appeals came before Basi Reddi, J., for final disposal and a preliminary point was taken before the learned Judge that the prosecution of the appellants was barred by reason of the provisions of Section 53 of the Madras District Police Act of 1859 (hereinafter referred as the Act). Although this point was not raised in the lower Court, as it was a question of law going to the root of the jurisdiction of the Court, the learned Judge permitted the counsel to argue.After bearing the arguments, the learned Judge was of the opinion that the view taken in a judgment of the Madras High Court in Nichodemus v. State, : AIR1955Mad561 , by Chandra Reddy, J. as a Judge of the Madras High Court and in Bapaniah v. State, 1954 Mad WN (Cri) 316, a subseyuent decision of the same learned Judge as a judge of the Andhra High Court were not in consonance with the view taken by the Madras High Court in an earlier decision in Lakshmiah Swami v. Mohd. Galah Hussain, AIR 1937 Mad 38...
Public Prosecutor Vs. Jagannadham
Court: Andhra Pradesh
Decided on: Aug-31-1960
Reported in: 1961CriLJ448
ORDERM.C. Desai, J.1. This revision has been filed by the public prosecutor, Andhra Pradesh against order dated 25-4-1960 which has been passed by the Principal Sessions Judge, Secunderabad in Crl. R.P. No. 5/ 1960 on his file.2. The relevant facts of the case are briefly as follows:3. The C.I.D. of Police GopalaPuram, registered a case under Section 354, I.P.C. on an allegation that Jaganatham (respondent herein as well as in Crl. R.P. No. 5 of 1960) (hereafter referred to for convenience as the accused) outraged the modesty of a girl called Maurean Terry in the night of 2-5-59. The Police investigated the case but did not file any final report under Section 173, Cri. P.C. to the City Magistrate, Secunderabad or to any other Magistrate. They did not file a charge-sheet or a 'referred' charge-sheet. But, it would appear that copies of case-diaries were being sent to the Magistrate. On 9-1-1960, the 2nd City Magistrate adopted the extra-ordinary procedure of passing an order that Jagann...
Kommuru Krishnamurthy Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-29-1960
Reported in: AIR1961AP283
Kumarayya, J.1. This appeal arising out of a suit for damages against the State of Andhra Pradesh raises short but important questions of fact and law. The question of fact is, whether the accident resulting in the loss of the right wrist of the plaintiff was due to the negligence and rash driving of Mohiuddin, the road roller driver of the Highways department. The question of law which is of real importance is whether the Government is liable for this tortious act of its servant.2. The facts of the case are few and may be shortly stated. On 15-12-1953, the plaintiff barely five years old was taken to his paternal uncle's house near Satyanarayana Talkies. It was a busy commercial place in Tenali town within the school zone it was about 3-45 p. in. and the plaintiff was then easing near the door steps of the house on the north of the road. The motor road roller was then seen plying fast on the road from the west to the eastern direction.As it drew near the plaintiff felt a little under-...
Maturi Durgaiah Vs. Agent, Tandur Collieries, Bellampalli
Court: Andhra Pradesh
Decided on: Aug-29-1960
Reported in: AIR1961AP400
Chandra Reddy, C.J. 1. We do not think that any exception Could be taken to either of the two views of our learned brother, Seshachalapati, J., in the writ petition,2. Our learned brother dismissed the writ petition for the issue of a writ of mandamus directing the respondent, the Agent Tandur Collieries, Bellampally, to accord the status of 'Mine Employees' to the appellant and other eartmen and give them all benefits incidental to that status.3. The appellant along with twelve other carbnen is engaged in clearing the rubbish and garbage from the campus of the Tandur Collieries Colony. They remove the dirt and the rubbish through bullock-carts owned by them and they are paid daily wages at Rs. 2-13-0 a day.4. The respondent is the agent of the Singareni Collieries Co., within the meaning of Section 2(c) of the Mines Act (35 of 1952). Section 48 of the Mines Act, provides that for every mine there should be kept in the prescribed form and place a register of persons employed in the Min...
Kamarsu Venkata Subbamma and anr. Vs. Kamarsu Veerabhadra Rao and ors.
Court: Andhra Pradesh
Decided on: Aug-29-1960
Reported in: AIR1961AP495
Umamaheswabam, J.1. This is an appeal directed against the judgment and decree of the Subordinate Judge at Eluru declaring that plaintiffs and defendants 1 and 2 are the nearest reversioners to die estate of Subbayya and are entitled to recover the plaint schedule properties in four equal shares from defendants 3 and 8. The last male-holder Subbayya died on 89-12-1907 and on his death his properties were inherited by his mother Achamma, and she died on 19-8-1944.According to the plaintiffs' case, on her death;, the properties devolved upon the plaintiffs and defendants 1 and 2. Defendants 3 and 8 put the plaintiffs to strict proof that plaintiffs and defendants 1 and 2 were the nearest reversioners to the estate of Subbayya. They further contended that under a will executed by Subbayya, his mother Achamma was absolutely entitled to the plaint schedule properties and that by reason of a settlement effected by her in favour of the husband of the 3rd defendant, the 3rd defendant was entit...
Uppala Kanakaiah Vs. Mahaboob Singh and ors.
Court: Andhra Pradesh
Decided on: Aug-29-1960
Reported in: AIR1961AP497
Bhimasankaram, J.1. This appeal arises out of a suit instituted under Order XXI Rule 63 C. P. C. The plaintiff is the judgment-creditor, the 1st defendant the judgment-debtor, the 2nd defendant the letter's wife and the 3rd defendant a person claiming to be in possession of the property under a usufructuary mortgage executed in his favour by the 2nd defendant. The trial court dismissed the suit. The lower appellate court, however, decreed it.2. The relevant facts are as follows: P. W. 3 was the original owner of the property which is a house. According to him, he sold it to the 1st defendant for Rs. 925/-. Although there was no registered conveyance in favour of the 1st defendant, the suit house has ever since stood registered in the Municipal registers in his name and he has shown it in certain documents as his own. On 15-9-1950, i.e., three months after he had executed a promissory note in favour of the plaintiff -- and it is upon this promissory note that the plaintiff obtained the ...
Rohtas Industries Ltd. Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-29-1960
Reported in: [1961]12STC693(AP)
Chandra Reddy, C.J. 1. This appeal is filed under Section 23 of the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter to be referred as the Act) against the order passed by the Board of Revenue suo motu under Section 20(1) of the Act relating to the assessments for the years 1953-54 and 1954-55.2. The appellants, carrying on business in paper, sulphuric acid, etc., under the name and style of Messrs Rohtas Industries, Ltd., with their head office at Dalmianagar, Bihar State, effected sales to their customers in the erstwhile Hyderabad State during 1953-54 and 1954-55 for consumption.3. The Sales Tax Officer (Central Circle), Hyderabad, assessed the appellants to tax on a turnover of Rs. 18,73,172-5-9 for the year 1953-54 and Rs. 13,48,881-3-6 for the year 1954-55, notwithstanding that they partook the character of inter-State trade within the meaning of Article 286 of the Constitution.4. Appeals were carried by the appellants against these assessments to the Deputy Commissioner o...
New India Assurance Co. Ltd. Vs. Tambireddi Subba Raghavareddi
Court: Andhra Pradesh
Decided on: Aug-27-1960
Reported in: AIR1961AP295
Satyanarayana Raju, J.1. This is an appeal from the judgment and decree of the Court of the Subordinate Judge, Nellore, in O. S. No. 66 of 1954.2. The suit was by the assignee of a policy-holder for payment of the sum insured on the life of his adoptive father, Virareddi. The defendant in the action is the New India Assurance Company Limited, a Company incorporated under the Indian Companies Act, having their Head Office at Bombay and carrying on life insurance business in the former composite State of Madras through their Branch Office at Madras.3. During the pendency of the appeal was enacted the Life Insurance Corporation Act (XXXI of 1956) providing for the nationalisation of life insurance business in India by transferring all such business to a Corparalion established for the purpose. By virtue of Section 7 of the-Act, all the assets and liabilities appertaining to the controlled business of all insurers were transferred to and1 vested in the Life Insurance Corporation. By reason...
G. Royrao and anr. Vs. Datta Venkatapathi Raju and ors.
Court: Andhra Pradesh
Decided on: Aug-27-1960
Reported in: AIR1961AP402
Chandra Reddy, C.J.1. This application for leave to appeal to the Supreme Court is filed under Section 110 and Order XLV Rules 2, 3 and 8 C.P.C. and Articles 132 and 133 of the Constitution.2. The suit out of which this application arises was instituted by the first respondent for dissolution of partnership between him and defendants 1 to 6 in the suit and for accounts.3. The suit was mainly contested by the fourth defendant, the other defendants sailing with the plaintiff. The main issue to be tried in the suit, therefore, was whether it was the fourth defendant that was liable to render an account to the other partners.4. The trial court upheld the contention of the plaintiff and the other defendants that it was the fourth defendant that managed the concent and consequently he was liable to give an account to the other partners. In the result, the suit was decreed as prayed for making the fourth defendant liable to account to the plaintiff and other defendants.5. On appeal, this orde...
Reddi China Paidayya Vs. Rudrabhatla Maralidhar and ors.
Court: Andhra Pradesh
Decided on: Aug-27-1960
Reported in: AIR1961AP498
ORDERMunikanniah, J.1. This matter having been referred to by the office for orders of Court raises the question whether a revision under Section 115 C. P. C against the orders of the District Judge in appeal against the order of the Additional Assistant Settlement Officer lies to this Court.2. The facts leading to the case are as follows: The Additional Assistant Settlement Officer, Vizianagram dismissed the petition filed before him by the petitioner herein under Section 12 of the Madras Estates (Abolition and Conversion into Ryotwari) Act 1948 and thereby refused the grant of the Ryotwari patta in respect of the lands said to be concerned in O. S. No. 216/2-B and 2-C. An appeal is taken as against this order to the Estates Abolition Tribunal as provided under Sub-section (2) of Section 15 viz., the District Judge, Visakhapatnam, as he was the Tribunal constituted under Section 8 of the Act. The Tribunal dismissed the appeal. This petition against that decision of the tribunal is fil...
- ‹ Prev
- 2
- 3
- Next ›
- Last »