Andhra Pradesh Court July 1962 Judgments
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V. Venkataswamy and ors. Vs. V. Radhakrishna Reddi and ors.
Court: Andhra Pradesh
Decided on: Jul-31-1962
Reported in: AIR1963AP476
Umamaheswaram, J.1. This is an appeal directed against the judgment and decree of the Subordinate Judge's Court, Ongole decreeing the plaintiff's suit for partition. The plaintiff is the son of Venkataswamy, the 1st defendant, Defendants 2 to 5 are his brothers; 6th defendant is the wife of the 2nd defendant; 7th defendant is the wife of the plaintiff; defendants 8 to 10 are the wives of defendants 3 to 5; defendants 11 to 27 and 29 and 30 are the tenants, and the 28th defendant is the wife of the 1st defendant's nephew. Defendants 31 and 32 were brought on record as the legal representatives of the 21st defendant and 33rd defendant was impleaded as the legal representative of the 30th defendant. The case of the plaintiff was that all the properties mentioned in plaint A to D schedules were joint family properties and that he was entitled to a one-sixth share. The lands are described in A schedule. The houses are mentioned in Schedule B. The moveable are shown in schedule C. The outsta...
Bezonji Byramji and Co., Jalna and ors. Vs. Central Bank of India Ltd. ...
Court: Andhra Pradesh
Decided on: Jul-30-1962
Reported in: AIR1963AP348
Umamaheswaram, J.1. While appeals Nos. 197 and 198 of 1959 are filed by Messrs. Bezonji Byramji and Co., Jalna and another, as against the decision in O. S, Nos. 86 and 87 of 1953 on the file of the Subordinate Judge's Court, Anantapur against the Central Bank of India, appeal No. 455 of 1959 is filed by the Central Bank of India against the decision in O. S. No. 84 of 1953 on the file of the Subordinate Judge's Court, Anantapur against Messrs. Bezonji Byramji and Co., and another. All the three suits O. S. nOB. 84, 86 and 87 of 1953 were tried together by the Subordinate Judge, Anantapur and evidence was recorded in O. S. No. 84 of 1953 as identical questions arose for decision in all the three suks.While the learned Subordinate Judge decreed O. S. Nos. 86 and 87 of 1953, he dismissed O. S. No. 84 of 1953 against defendants I and 2. The appeals are consequently filed by the aggrieved parties.2. The case of the plaintiff, the Central Bank of India Limited, was that as the hundies which...
S.K.C.C. Bank Ltd., Amalapuram Vs. Vissapragada Subrahmanyam
Court: Andhra Pradesh
Decided on: Jul-27-1962
Reported in: AIR1963AP250
ORDERUmamaheswaram, J. 1. This Civil Revision Petition raises an interesting question as to the damages payable under Section 31 of the Negotiable Instruments Act by reason of a cheque of a non-trader being dishonoured by the petitioner Bank. The respondent herein was employed as the supervisor of the Bank. He had a current account from 1931. He deposited a cheque issued in his favour by the South India Co-operative Insurance Society for a sum of Rs. 29-25. The amount of the cheque was realised and a memo dated 29-3-1957 was issued by the Bank intimating that his current account was credited with that amount. Thereupon he issued a cheque for Rs. 28/- in favour of the defendant-bank with a covering letter Ex. A-2 dated 14-5-1957 requesting the petitioner to adjust the amount of the cheque to the current account of the Alamur Co-operative Land Mortgage Bank towards loan No. 1237. This cheque was dishonoured as the amount of the cheque issued by the South India Co-operative Insurance Soci...
In Re: Vuyyuri Ratna Reddi and anr.
Court: Andhra Pradesh
Decided on: Jul-26-1962
Reported in: AIR1963AP252; 1963CriLJ735
Basi Reddy, J. 1. In Sessions Case No. 11 of 1961 on the file of the Court of Session, Guntur Division, four persons by names V. China Venkata Reddy, V. Peda Venkata Reddy, V. Ratna Reddy and G. Ayyapa Reddy (hereinafter referred to as A-l, A-2, A-3 and A-4 respectively) were fried by the Additional Sessions Judge on the following charges:--(1) A-l A-2 and A-3 under Section 302 read with Section 34 I. P. C. for having, conjointly and in furtherance of their common intention, caused the death of one B. Sambi Reddy (who will be referred to as the deceased) on November 2, 1960 at about 3 p.m. near the Nambur Feeder Road by chafing him upto a distance of about 160 yards when ho jumped off the bus in which he was traveling and ran for his life, and hacking him down with deadly weapons; (2) A-2 under Section 307 I. P. C. for having in the course of the same transaction attemptedto commit the murder of P. W. 2 (T. Krishna Reddy) by attacking him first with a knife and then with an axe in the ...
In Re: Girada Narayana and ors.
Court: Andhra Pradesh
Decided on: Jul-25-1962
Reported in: AIR1963AP146; 1963CriLJ415
Basi Reddy, J.1. The seven appellants (who will be referred to as A-1 to A-7 respectively) were tried by the learned Sessions Judge of Srikakulam on charges of rioting, murder, causing hurt and cognate offences in connection with an incident which took place on 6-7-1961 just after sunset in the village of Madhavarayunipuram. In the course of that incident, a woman called Deesari Appamma, the mother of P. Ws. 1 and 2 in the case, was killed and three others of that family viz., Gangamma, the grandmother of P. Ws. 1 and 2, as well as P. Ws. 2 and 3 sustained simple injuries. P. W. 2 is the younger brother of P. W. 1 and P. W. 3 is P. W. 1's wife.2. As many as eight charges were framed against the accused. The first charge was against all the seven accused under Section 147 I.P.C. for having formed themselves into an unlawful assembly and committed rioting with the common object of causing the death of P. W. 1 and beating up his people. The learned sessions Judge convicted all the seven a...
Anamik Pedda Narasanna and anr. Vs. Anamik Guda Dakanna
Court: Andhra Pradesh
Decided on: Jul-25-1962
Reported in: AIR1963AP227
Chandra Reddy, C.J.1. The appellants seek to file this appeal under Clause 15 of the Letters Patent against the order of our learned brother, Anantanarayana Ayyar, J., refusing to grant an interim injunction restraining the respondent from obstructing the appellants from cultivating certain lands pending disposal of a second appeal preferred by the respondent against the decree of the District Judge, Mahboobnagar, confirming that of the District Munsif, dismissing the suit for recovery of possession of certain properties.2. The office has raised an objection as to the maintainability of the appeal on the ground that the appellants could not take advantage of Clause 15 of the Letters Patent. The two grounds urged by the office are: (i) that the order in the present case cannot be described as a 'judgment' within the terms of Clause 15 of the Letters Patent and (ii) that as the order was made by the learned Judge in exercise of his second appellate jurisdiction the appeal without the lea...
Madriyala George Solomon Vs. Rev. Ch. Luke and anr.
Court: Andhra Pradesh
Decided on: Jul-24-1962
Reported in: 1963CriLJ347
ORDERSharfuddin Ahmed, J.1. The question for consideration in this revision is whether a Magistrate is competent to discharge the accused under Section 253(2), Cri.P.C. without taking any evidence whatsoever. It arises in the following circumstances:2. The petitioner herein filed a complaint in C.C. No. 2709/4 of 1961 before the III City Magistrate. Hyderabad, against the Principal of the School and the Accountant of which he was a teacher of technical section. It was stated that the petitioner was a Policy Holder of Life Insurance Corporation of India for a sum of Rs. 2,000/-. A sum of Rs. 565 P. was payable by him as premium. This amount had to be collected and paid over to the Life Insurance Corporation in accordance with the terms of the policy by the School where the petitioner was employed. The procedure that was being followed was that at the time of disbursement of the salary this amount would be deducted from the salary of the petitioner and sent to the Divisional Officer, Lif...
Bhookya Abbanna and anr. Vs. Maramraju Seshagir Rao and ors.
Court: Andhra Pradesh
Decided on: Jul-23-1962
Reported in: AIR1963AP208
Umamaheswaram, J.1. This is an appeal directed against the judgment and decree of the Subordinate Judge of Warangal decreeing the plaintiff's suit O.S. No. 22 of 1958. the suit was instituted by six plaintiffs for a declaration that they were the owners of the suit lands, and for recovery of possession and for recovery of arrears of rent. It was stated in paragraph 1 of the plaint that as the result of partition entered into between plaintiffs 1 to 5 and the 6th plaintiff the properties fell to the share of plaintiffs 1 to 5. According to paragraph 2 of the plaint, the defendants are the 'asamees' cultivating the suit lands. As they defaulted to pay rent, a suit was instituted in Mahboobabad Tahseel for eviction and for recovery of arrears of rent. the suit was decreed. The defendants thereupon trespassed on the plaint schedule lands. A suit was once again filed in Mahboobabad Tahseel on 17-3-1958. There was a compromise entered into between the plaintiffs and the defendants under whic...
B. Seshacharyulu Vs. the State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jul-23-1962
Reported in: AIR1963AP450; (1963)ILLJ777AP
ORDERSeshachalapati, 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 of the 2nd respondent, the Director of Public Instruction, Andhra Pradesh, Hyderabad dated 24-7-1959 IIn D. Dis. No. 1513 of 1959, as confirmed by the order of the Government (1st respondent) dated 10-11-1960.2. The principal facts are rot in dispute in this case. The petitioner is a Telugu Pandit, who holds the Oriental title of 'Vidwan' and also a certificate of Pandit's training. By resolution dated 10-9-1954, of the Appointment Committee of the Ongole Municipality the petitioner was appointed as a Junior Telugu Pandit in the Municipal High School, Ongole in the scale of Rs. 45-2-75. By a resolution dated 9-2-1955, of the Appointment Committee, the petitioner was placed In the grade of Rs. 60-4-100, in conformity with G.O. Mis. 2229/Edu. dated 23-9-1952, with effect from the date of his appointment. By resolution No. 15 dated 31-12-195...
indurthi Srinivasa Rao Vs. Indurthi Venkata Narasimha Rao and anr.
Court: Andhra Pradesh
Decided on: Jul-19-1962
Reported in: AIR1963AP193
Umamaheswaram, J.1. This revision petition arises under Section 115, Code of Civil Procedure. The application is to revise the order of the District Judge of Warangal setting aside an award in Case No. 102 of 1956 under Section 30(c) of the Arbitration Act. The petitioner herein originally filed an appeal under Section 39(1)(vi) of the Arbitration Act. But, on an objection taken by the office, he converted it into a revision petition under Section 115 C.P.C.2. The relevant facts for the disposal of the Civil Revision Petition are as follows:--The parties viz., Indurthi Srinivasa Rao and Indurthi Prahlada Rao represented by his guardian Anjani Bai and Indurthi Venkatanarasimha Rao referred their disputes to arbitration by executing an agreement on 11-2-1955 in favour of five arbitrators. The four arbitrators chose an umpire Kudikala Venkatarama Rao. As the award could not be made within four months, they executed a fresh agreement of reference dated 10-10-1955 in favour of the same arbi...
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