Andhra Pradesh Court December 1962 Judgments
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Varjiwan P. Seth Vs. Ratanlal Jahotia and anr.
Court: Andhra Pradesh
Decided on: Dec-21-1962
Reported in: AIR1964AP59; 1964CriLJ176
ORDERGopalrao Ekbote, J.1. This Criminal Miscellaneous Petition is filed to set aside the order of the Additional Sessions Judge, Hyderabad, dated 31st July, 1962 and to retain C. C: No, 364 of 1962, with the Special Magistrate for Railways, Secunderabad.2. The facts are short and simple and only to a limited extent are disputed. It appears that C. C. No. 364/62 was filed with the Chief City Magistrate which was in due course transferred to the IV City Criminal Court. Then it was subsequently transferred on administrative grounds to the Railway Magistrate. It was however revealed that the case involves certain documents whichare in Hindi and the evidence to be recorded also would mostly be in Hindi. Respondent No. 7 filed a petition under Section 528 (1-c) Cr. P. C., hereinafter called the Code, in the Court of the Principal Sessions Judge, Secunderabad, seeking transfer of the abovesaid case from the file of the Court of the Magistrate for Railways to the IV or VIII City Magistrate, H...
The State of Andhra Pradesh Represented by the Chief Secretary to the ...
Court: Andhra Pradesh
Decided on: Dec-18-1962
Reported in: AIR1964AP491; (1966)IILLJ350AP
Jaganmohan Reddy, J. 1. C. C. C. A. No. 39 of 1960 is filed by the State of Andhra Pradesh, hereinafter called the 1st appellant, and C. C. C. A. No. 59 of 1960 is filed by the State of Mysore, hereinafter referred to as the 2nd appellant, against the common judgment and decree passed by the Additional Chief Judge, City Civil Court, Hyderabad in O. S. No. 168 of 1953 declaring the respondent herein to be still a Dist. Collector, and awarding a sum of Rs. 22,500/- I. G. against the 1st appellant in respect of the relief set out in clause (ii) of paragraph 36 of the plaint towards the difference in the pay of a District Collector and a Deputy Collector to which past the respondent was reverted by an order of the then Hyderabad Government as from 1-4-1954. The appeal of the 1st appellant is also directed against the decree for Rs. 2,646-8-0 (O. S.) equivalent to Rs. 2,262-8-0 (I. G.) in respect of the claim made in clause (v) of paragraph 36 of the plaint. The respondent has also filed a ...
V.M. Vadi Vs. Vijayawada Municipality Represented by Commissioner and ...
Court: Andhra Pradesh
Decided on: Dec-18-1962
Reported in: AIR1963AP435
Kumarayya, J.1. The plaintiff, who failed in his suit for recovery of damages of Rs. 7500/- for the loss of his business for the years 1956-57 and 1957-58 on account of alleged wilful neglect or refusal of the Vijayawada Municipality to grant him a licence, has come up to this Court in appeal.2. He is the lessee of Vibrated Cement Products, Vijayawada, of which his own son M. M. Vadi is the proprietor. It appears that he had applied on 26-8-1952, for permission as required under Schedule V(s) and Rule 250 of the Madras District Municipalities Act, for installation' of a 10 horse-power motor in Door No. 16/433 for the Vibrated Cement Products plant. According to him, his request was granted under Ex. A-3 and he obtained a working licence under Section 249 and Schedule V(s) for 1954-55. For the succeeding year, he got the working licence renewed. He made his application, Ex. A.7, on 9-2-1956 for the renewal of working licence for 1956-57. The Munivipality did not renew the licence- forth...
M. Parameswaramma and ors. Vs. Y. Ramachandrarao (Died) Machiraju Sree ...
Court: Andhra Pradesh
Decided on: Dec-17-1962
Reported in: AIR1964AP45
Chandra Reddy, C.J.1. This appeal is filed by the unsuccessful plaintiffs against the judgment of the Subordinate Judge, Vijayawada, dismissing 0. S. No. 53 of 1956, a suit for recovery of possession of the plaint schedule properties by the first plaintiff and for past and future mesne profits, or, in the alternative for partition of the plaint schedule properties into six equal shares and for allotment of five such shares to plaintiffs 2 to 6 etc.2. The controversy raised by this appeal bears on certain dispositions made by one Dr. Thummalapalli Harinarayana, a retired Disttict Medical Officer, who died childless on 1-3-1950. Dr. Harinarayana, who had amassed considerable properties, executed his will on 27-5-1946 in and by which he disposed of both his self-acquired and ancestral properties endowing the former to several charities and the latter to his near relations including two of his sisters the terms of which were modified by codicils executed subsequently. The testator was one ...
Mrs. K. Sudersanam Vs. S. Venkatarao
Court: Andhra Pradesh
Decided on: Dec-14-1962
Reported in: AIR1963AP442
ORDERAnantanarayana Ayyar, J.1. In the Court of the Chief Judge, Small Causes, Hyderabad, the sole plaintiff S. Venkat Rao filed a suit (S. C. S. No. 135/2 of 1959) against the sole defendant Mrs. K. Sudersanam on a promissory note which had been executed by the defendant on 12-3-1956 for a sum of Rs. 1,000/-. The defendant contested the suit on various grounds. The learned Chief Judge awarded a decree against the defendant as prayed for. The defendant thereupon filed this revision, petition against the said judgment and decree.2. The main contentions in the plaint were as follows:The defendant was a teacher in a Railway school and was known to the plaintiff's wife for a long time. The defendant approached the plaintiff for a loan of Rs. 1,600/- and the plaintiff accordingly agreed. The defendant herself wrote in urdu the promissory note (Ex. A-1) and receipt for a sum of Rs. 1,600/-. After that, the plain-tiff found that he had only Rs. 1,000/- and had advanced that sum. At the instan...
Seeli Tirupati and ors. Vs. Bhupathiraju Janikamma and ors.
Court: Andhra Pradesh
Decided on: Dec-13-1962
Reported in: AIR1963AP445
Venkatesam, J.1. The two points that arise for consideration in this appeal are :1. Whether an agricultural labourer is an agriculturist within the meaning of Section 9(2) of the Code of Civil Procedure, and 2. Whether the judgment-debtors Nos. 12, 15, 35 and 51 are proved to be agricultural labourers? 2. On the first question, it must be stated at once that the Civil Procedure Code has not defined the word 'agriculturist', and therefore the question must be resolved by a reference to the decisions bearing on the point. This question directly arose for consideration before a Bench of the Bombay High Court in Devara Hegde v. Vaikunt Subaya, ILR 41 Bom 475 : (AIR 1917 Bom 253). In that case, one of the judgment-debtors filed an application claiming that the house attached in execution should not be sold by reason of the provisions of Section 9(2), C. P. C. as he was an agriculturist. It was admitted that the defendants, judgment-debtors lived solely by agricultural labour. They had no l...
Mrs. R.D. Chand and anr. Vs. the State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Dec-06-1962
Reported in: AIR1963AP383
ORDERChandrasekhara Sastry, J.1. The petitioners in these writ petitions are two of the owners of certain lands in the village of Balanagar and Kazigadda, Hyderabad West Taluk, Hyderabad District.2. The petitioner in W. P. No. 411/62 is the owner of the property bearing S. Nos. 25 to 30 of the total extent of Ac. 97.30 guntas. The petitioner in the other two writ petitions is the owner of Serial Nos. 3 to 9, 10/1, 10/2, 11, 12/1 and 12/2 of the extent of Ac. 143-30 guntas. The rst respondent in the writ petitions is the State of Andhra Pradesh represented by the Secretary to the Government, Industries Department. The 2nd respondent is the Special Deputy Collector, Land Acquisition, Hyderabad. The 3rd respondent is M/s. Jay Engineering Works Limited. The ist respondent issued G. O. Rt. No. 124 Industries, dated 19-5-1961 and published in the Andhra Pradesh Gazette dated 22-5-1961 under Section 4(1) of the Land Acquisition Act I of 1894 notifying that it appears to the Government of Andh...
Public Prosecutor Vs. H.R. Basava Raj and ors.
Court: Andhra Pradesh
Decided on: Dec-04-1962
Reported in: AIR1963AP389; 1963CriLJ368
Sharfuddin Ahmed, J.1. A complaint was filed by the Registrar of Companies of Andhra Pradesh against the respondents alleging that they were the directors of a private limited company, which had been registered on 5-12-1958 under the Companies Act, 1956. It was incumbent on the directors in accordance with the provisions of the Companies Act (Section 166) to lay before the company a balance-sheet and profit and loss account of the company for the period (958-59 and as they had failed to do so, they were liable to punishment under Section 210(5) of the Companies Act. The respondents accused pleaded not guilty and urged that as the first annual general meeting of the company could not be held for reasons beyond their control there was no question of laying before the company a balance sheet and profit and loss account as contemplated under Section 166. The learned Magistrate accepted the pica of the respondents and dismissed the complaint acquitting them of the said charge. The State has...
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