Andhra Pradesh Court August 1960 Judgments
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Parachuri Veerayya Vs. Yalavarti Veeraraghavayya and ors.
Court: Andhra Pradesh
Decided on: Aug-12-1960
Reported in: AIR1961AP298
Chandra Reddy, C. J.1. This Second Appeal was referred to a Bench by our learned brother, Manoher Pershad J., on the representation of the counsel on either side that an important question of law is involved in this case.2. The principal question raised by the appeal is whether the subsistence of an attachment before judgment of some property is a bar to the same property being sold in execution of a decree obtained subsequent to the attachment,3. The facts material for the purpose of this enquiry may be shortly related. The appellant filed O. S. No. 89 of 1947 on the file of the District Munsifs Court, Tenali, against respondents 2 and B and attached the property in dispute before judgment. During the pendency of the suit, this very property was brought to sale in execution of anaward granted by the Co-operative Deputy Registrar, Vijayavada, in respect of a debt due by the judgment-debtor (2nd respondent) to Chowtapalli Vijayalaxmi Vilas Co-operative Credit Society and was purchased b...
Bollaram George Vs. Kadpak Lingiah
Court: Andhra Pradesh
Decided on: Aug-12-1960
Reported in: AIR1961AP457
Manohar Pershad, J.1. This is a petition for revision of an order passed by the Subordinate Judge of Warangal holding that the objection petition dated 5-7-1955 was time barred and passing a decree in favour of the plaintiff in terms of the award. The award in question was received in Court on 7-6-1965 from the Collector. On 4-1-1955, the respondent herein who was the plaintiff in the lower court filed a suit for enforcement of the award along with unsigned copies of the award and the agreement. In para 5 of the plaint, he stated that the original award was filed before the Collector for stamping the same as required by law as it was written on a stamp paper of Rs. 5/- and that the original agreement was in possession of the Umpire Sri Matrasi Jagannatham and that the same may be summoned from them, On 6-1-1955, the Presiding Judge passed the following order : 'Take on Register No. 2. Issue notice to the respondent at the cost of the petitioner. Send also for the original documents us ...
iqbalunnisa Begum and anr. Vs. Habib Pasha
Court: Andhra Pradesh
Decided on: Aug-10-1960
Reported in: AIR1961AP445; 1961CriLJ604
ORDERAnantanarayana Ayyar, J.1. This is a petition to revise the order of the District and Sessions Judge, Secunderabad in Criminal Revision Petition No. 226/6 of 1957 in which he confirmed the order of the Additional City Magistrate, Division No, II, City Criminal Court, Hyderabad in C. C. No. 128/5 of 1956 on his file.2. The relevant facts are briefly as follows:3. There are two petitioners in this case. The first petitioner is Iqbalunnisa Begum. She is the wife of Habib Pasha who is the respondent in this petition. The second petitioner is the child of the first petitioner and of the respondent. The first petitioner, On behalf of herself and as representing the second petitioner, filed a petition under Section 488 Cr.P.C. in C. C. No. 128/5/56 before the Additional City Magistrate. Hyderabad praying that they should he granted Rs. 100/- and Rs. 50/- as their maintenance respectively.4. In that petition, the first petitioner pleaded as follows: She is the lawfully married wife of the...
M. Agaiah Vs. Mohd. Abdul Kereem
Court: Andhra Pradesh
Decided on: Aug-05-1960
Reported in: AIR1961AP201
Chandra Reddy, C.J.1. The question to be answered by the Full Bench is whether an appeal lies against an order granting review on grounds other than these mentioned in the two provisos to Rule 4(2) of Order 47.2. The facts culminating in this litigation may be shortly stated. The respondent brought a suit in the Court of the District Judge, Warangal (O. S. No. 9/1/54) for a declaration that he was entitled to the exclusive user of his trade mark, which he had registered under the Trade Marks Act, representing and describing a particular brand of beedies manufactured by him. The basis of the action was that the defendant (appellant) was closely copying this trade mark and using it as his own with slight changes and thereby causing considerable loss of trade to the plaintiff's beedi business.3. The trial of the suit commenced in the beginning of 1956 and after two witnesses were examined for the plaintiff, including, the plaintiff and some documents were marked on his behalf, it was adjo...
Veerabhadraswara Rice and Oil Mill, 1-4 No. 169/56, Vizianagaram City ...
Court: Andhra Pradesh
Decided on: Aug-04-1960
Reported in: AIR1961AP350
ORDERSeshachelapati, J.1. This is a petition under Article 226 of the Constitution of India to quash the order ot the Collector, Central Excise, Hyderabad dated 24-8-1958 passed in appeal filed by the petitioner before him. 2. The facts necessary and relevant for the disposal of this petition are briefly these:- The petitioner is a power of attorney holder of Sharaun and Co., who were the lessees of Veerabhadreswara Rice and Groundnut Oil Mills. The lessees hold a central excise licence in form L-4 for the manufacture of vegetable non-essential oils. Under Rule 47 of the Central Excise Rules, the manufacturer has to provide a store room as place of storage of the oils for the production of which he holds an appropriate licence. The petitioner's firm duly declared a portion of the premises of Veerabhadreswara Rice Mill as place of storage within the meaning of Rule 47 of the Central Excise Rules. 3. On 20-2-1957 the Inspector of Central Excise is stated to have made a surprise visit to ...
H.T. Vasudeva Rao Vs. Vijayavada Municipality Represented by Commissio ...
Court: Andhra Pradesh
Decided on: Aug-02-1960
Reported in: AIR1961AP328
Srinivasachari, J. 1. This reference to a Full Bench has been made, by a Division Bench of this Court consisting of Mohd. Ahmed Ansari and Jaganmohan Reddy, J., in an appeal which arose in execution proceedings. 2. One Himurunnissa Begum died leaving behind her Mohd. All Pasha, her husband, Qudrunnissa Begum her mother, Moinuddin All Khan, her brother and her daughter Syedunnissa Begum. The husband and the mother died soon after leaving the defendant Syedunnissa Begum and the plaintiffs as heirs. The deceased Himutunnissa Begum left some movable and immovable inheritable property. The plaintiff brought a suit for his share in the Matruka of the deceased Ilimutunnissa Begum as well as for his share in the dower debt of Himuttunnissa Begum which he was entitled to from the estate of her husband. The defendant Syedunnissa Begum, while admitting that the plaintiff was entitled to a share in the matruka stated that her father left only movable property which was in the possession of the Sar...
Kumarisetti Suryaprakasa Rao Vs. Kumarisetti Venkata Lakshmidevi
Court: Andhra Pradesh
Decided on: Aug-02-1960
Reported in: AIR1961AP404
Chandra Reddy, C.J.1. This is an appeal against the judgment of our learned brother, Sanjeeva Row Nayudu, J., under Clause 15 of the Letters Patent.2. The appellant is the husband and the respondent is his wife. The marriage between them took place on 26th February, 1948. At that time, the respondent was a minor being about fourteen or fifteen years old, while the appellant was about twenty four years old. After the marriage, the respondent lived with her husband, the appellant, at Kakinada, Masulipatam etc., in which places he was working as a Sub-Inspector of Excise.On 5th March 1949, the respondent's father took the respondent from her husand's house with the latter's consent to Tirupathi. After they performed the pilgrimage to Tirupathi, the respondent did not rejoin her husband. Instead, acrimonious correspondence followed subsequently between the respondent's father and the appellant in regard to jewels presented to the respondent by the appellant and rendition of accounts of the...
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