Andhra Pradesh Court September 1960 Judgments
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Vadlamudi Kutumba Rao Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-06-1960
Reported in: AIR1961AP448
ORDERAnantanarayana Ayyar, J.1. This is a petition to revise the Order d/- 5-2-1960 passed by die Judicial Second Class Magistrate, Avanigadda in Cri. M. P. No. 14 of 1960 in p. R. C. No. 8 of 1953 on his file.2. The relevant facts of the case are briefly as follows;3. The Deputy Registrar of Co-operative Societies filed a complaint dated 20-6-1955 against Vadlamudi Kutumba Rao, the petitioner herein, to the effect that the latter, as the President of a Co-operative Society, had committed an offence of criminal breach of trust punishable under Section 409 I. p. C. The Sub Inspector of Police, Pamarru registered a crime under Section 409 I. P. C.After investigation, he filed a charge-sheet against eighteen accused under Sections 120B, 409, 467, 468, 471 and 193 I. P- C. Of these accused, Vadlamudi Kuntumba Rao is A-1 and was charged as the ex-President of the Co-operative Marketing Society, Pedamukthevi and A-2 to A-5 were charged as ex-Directors of the same society. The learned Magistr...
Sarnam Satyanarayana Vs. Deputy Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Sep-06-1960
Reported in: [1961]12STC223(AP)
Chandra Reddy, C.J. 1. This is an appeal against the order of our learned brother, Seshachalapati, J., dismissing a petition for the issuance of a writ of certiorari to quash the attachment of the properties belonging to the appellant and for a writ of mandamus directing the respondent to forbear from cashing a cheque issued by him to meet the demand in regard to assessment of tax levied on Nityananda Rice and Groundnut Oil Mill.2. The short facts giving rise to this appeal are these. Two persons, Parepalli Veeranjaneyulu and Parepalli Janardhanarao were carrying on business in rice and groundnut under the name and style of 'Nityananda Rice and Groundnut Oil Mill, Contractor Rao and Company' in Mangala-giri, Guntur District. For the assessment year 1951-52, the firm was assessed to sales tax in the sum of Rs. 5,194-12-6. The tax not having been paid, the firm was treated as a defaulter with effect from 20th February, 1953. By order dated 20th July, 1958, the Deputy Commercial Tax Offic...
Kalluri Rathiah and ors. Vs. Ravipati Seetharamayya
Court: Andhra Pradesh
Decided on: Sep-06-1960
Reported in: 1961CriLJ453
ORDERMunikanniah, J.1. This is an application by the accused to quash the charges framed on 6-7-1960 by the learned Judicial IInd class Magistrate, Ponnur, on the ground that the complainant has no locus standi ta file the complaint and that the complainant is actuated by malice and has launched the criminal proceedings simply to harass the petitioners. The accused also has taken the ground that the subject matter of the complaint is of a civil nature and therefore no criminal proceedings need be taken in regard to it.2. It needs to be mentioned at the outset the exact background which has given rise to this complaint. O. P. No. 112 of 1959 has been filed by one Sarobiah. minor, represented by his mother - next friend and guardian in the Court of the Subordinate Judge, Bapatla, on 10-12-59 for partition of move-able and immoveable properties and for allotting 4/9th share to the minor. The 1st respondent therein is the father of the minor.The 2nd respondent is the uncle of the minor bei...
Raja Kandimalla Seetharama Rao Vs. Mothey Anja Ratna Raja Kumar
Court: Andhra Pradesh
Decided on: Sep-05-1960
Reported in: AIR1961AP399
Kumarayya, J.1. This appeal arises out of an execution proceeding. The appellant was sought to be arrested and. detained in prison in execution of a money decree obtained by the respondent against him. He resisted the petition on the main ground that being a land-holder within the meaning of the Madras Estates (Abolition and Conversion into Ryotwari) Act XXVI of 1948, the decree cannot be lawfully executed against his person. He further contended: that in any event there were no justifying grounds even under Section 51, C.P.C. for his arrest and detention in prison.2. The learned Additional District Judge ignored the first contention as it was not pressed subsequently and repelled the second on the ground that the admission of the appellant that he has been getting his share of rent from two of the villages must lead to the conclusion that despite having, means, he has neglected to pay the decretal amount. In the result, the learned Judge directed his arrest. The legality and propriety...
The Ex-employees' Union, Guntur Power and Light Ltd. Vs. the Guntur Po ...
Court: Andhra Pradesh
Decided on: Sep-05-1960
Reported in: AIR1961AP411; (1961)ILLJ30AP
Chandka Reddy, C.J. 1. This is an appeal against the order of the Special Officer of the Guntur Power and Light Ltd., (hereinafter called the Company) rejecting the claims of the ex-employees of the Company, 117 in number, to gratuity and retrenchment compensation for services rendered by them to the company upto 1st May, 1956, under Sections 25-F and 25(FF) of the Industrial Disputes Act. 2. The salient facts of the case are these: Consequent on the passing of the Andhra Electricity Supply Undertaking (Acquisition) Act, 1954, (hereinafter referred to as the Act) the Government of Andhra proposed to take over all the electricity undertakings in the State including the company in question. Acting under the provisions of this Act, a notice was issued by the State Government on 27-12-1955, proposing to take over the management of this company and 1-5-1956 was appointed for this purpose. The company, as a result of this, issued notices on 27-3-1956 to all its employees terminating their se...
K.V. Lakshminarayana Sastry Vs. Vijaya Commercial Bank Ltd. and ors.
Court: Andhra Pradesh
Decided on: Sep-02-1960
Reported in: AIR1962AP17; [1962]32CompCas886(AP)
ORDER(1) This is an application, under sections 45-A and 45-B of the Banking Companies Act (X of 1949) as amended by Act LII of 1953), for a declaration that the proceedings in I. P. No. 19 of 1958, on the file of the Sub-court, Masulipatam, and the order of adjudication passed therein are null and void and not binding on the Vijaya Commercial Bank, Limited (in liquidation.(2) The facts giving rise to this application are these: The Vijaya Commercial Bank Limited (hereinafter referred to as 'the Banking Company') was would up by an order of the High Court of Judicature, Madras, made in O. P. No. 417 of 1953. As Nadela Sivaramakrishniah (hereinafter referred to as 'the debtor') was, on the date of the winding up order, indebted to the Banking Company, he was included in the list of debtors prepared by the Liquidator. By an order of the Madras High Court, dated 7th December, 1954, he was directed to pay a sum of Rs. 7,693-9-9 with further interest and a certificate ws accordingly issued ...
Ravula Somayya and ors. Vs. Syaganti Komarayya
Court: Andhra Pradesh
Decided on: Sep-02-1960
Reported in: AIR1961AP302
ORDERMunikanniah, J.1. In this matter, which has been brought up by the office before this court, a question of procedure of considerable importance is involved.2. A few facts leading to the posting of the matter before the Court may be stated O.S. No. 44/1, of 1958 was filed by Saiganti Mukaraiah against Ravula Somaiah in the Additional Munsif Magistrate's Court, Warangal, and ended in a decree in favour of the plaintiff. On appeal, the learned District Judge, Warangal, confirmed the judgment. Thereafter S. A. No. 203/1958 was filed by tile defendant R. Somiah. Pending the second appeal, the appellant died.Thereafter the present application C. ML P. No. 391 of I960 has been filed by the 4 sons and one daughter of the deceased, who are minors, through their next friend. The office insisted upon filing this application along with the guardian petition. It is pointed out on behalf of the petitioners that it is not necessary that the guardian should act for the minors in an application to...
P. Subbarao and ors. Vs. Andhra Pradesh Public Service Commission, Hyd ...
Court: Andhra Pradesh
Decided on: Sep-02-1960
Reported in: AIR1961AP378
Chandra Reddy, C.J.1. These writ petitions raise common questions of law and also present similar facts and could, therefore, be conveniently disposed of in one judgment.2. The petitioners seek the removal of the proceedings of the Andhra Pradesh Public Service Commission hereinafter referred to as the Commission, cancelling the results published of the examinations held in the year 1957 in the subjects which will be referred to presently. We will set out the facts in W.P. 421 of 1959 for an appraisal of the contentions involved in these petitions.3. The petitioner at the relevant time was working as a clerk in the office of the Deputy Commercial Tax Officer, Tenali. He joined service to 1943 in the composite State of Madras and worked in the Civil Supplies Department upto 1952 when the Department was abolished and he was retrenched. Subsequently he was absorbed in the Commercial Tax Department after the formation of the Andhra State.4. Under the rules then prevailing, a clerk in the C...
Hyderabad Agriculture Co-operative Association Vs. Industrial Tribunal ...
Court: Andhra Pradesh
Decided on: Sep-02-1960
Reported in: (1961)ILLJ25AP
ORDERBasi Reddi, J.1. In the circumstances of this case and on its own findings, the industrial tribunal has exceeded its jurisdiction in interfering with the punishment meted out by the management (the petitioners herein) to the workmen (respondents 2 to 7), in doing so, the tribunal has ignored the principles laid down by the Supreme Court governing this question.2. The tribunal has recorded the following findings:(1) I am quite clear that the workers struck on 13 September 1956; and the management did not effect a lockout.... Quite clearly the workers set the ball rolling; when the services of the 8 temporary workers were terminated, they staged a protest week from 10 September 1956. The management reacted and directed the 8 temporary workers to quit the premises of H.A.C.A.. One thing is quite clear that the workers did strike work without notice and resorted to direct action. The termination of the services of the 8 temporary workers was the immediate cause of the strike.... The t...
Rayalaseema Bank Ltd. Vs. Tharigopala Pedda Narayanappa and anr.
Court: Andhra Pradesh
Decided on: Sep-01-1960
Reported in: AIR1961AP483
Seshachalapati, J. 1. These three connected appeals filed under Clause 15 of the Letters Patent against the decision of Sanjeevarao Naidu, J. L.P.A. 77/60 and L.P.A. 107/59 arise out of the learned Judge's decision in A. S. No. 252 of 1957. L.P.A. No. 101 of 1959 arises out of the order of the learned Judge in C.M.P. No. 7142 of 1959 in A, S. No. 252 of 1957.2. We will first deal with L.P.A. 77/60 which arises out of A. S. 252/57. That appeal was filed against the judgment and decree of the Additional District Judge, Anantapur in O.P. No. 39/52 converted as O. S. 23/56. It will be necessary to state briefly the facts connected with that suit.3. The 1st respondent before us, Tharigopala Pedda Narayanappa had certain dealings with the 'Rayalaseema Bank Ltd.' (appellant before us), in respect of which the Bank claimed that a sum of Rs. 7560/- was due from the 1st respondent. The dispute was referred to Meduthula Narayanappa, the second respondent as sole arbitrator, on 2-9-1949. The arbit...
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