Andhra Pradesh Court January 1963 Judgments
Chennupati Ramakotayya Vs. Myheni Lakshmanaswamy and anr.
Court: Andhra Pradesh
Decided on: Jan-31-1963
Reported in: AIR1964AP14
Chandra Reddy, C. J.1. The question we are called upon to answer in this enquiry is whether a contract entered into with the Andhra Pradesh Mining Corporation (hereinafter referred to as the Corporation) for certain purposes is tantamount to a contract with the Government of Andhra Pradesh within the ' meaning of Section 7(d) of the Representation of the People Act, 1951.2. The facts leading upto this appeal lie in a short compass and may be stated thus. In the last general elections, the appellant and respondents. 1 and 2 sought election to the Legislative Assembly of the Andhra Pradesh State from the Kankipad Constituency of Krishna District. Having secured the largest number of votes, the appellant was declared elected to the Legislative Assembly.3. Questioning the validity of his election, the first respondent filed an election petition Under Section 80, the chief ground of attack being that the appellant had incurred a disqualification Under Section 7(d) by reason of the firm of w...
Tag this Judgment!Adamala Mohan Reddy Vs. Anugu Narayana Reddy
Court: Andhra Pradesh
Decided on: Jan-23-1963
Reported in: AIR1964AP190
Venkatesam, J.1. This is an anneal filed under Section 116A of the Representation of the People Act against the judgment of Election Tribunal, Warangal in Election O P. No. 2 of 1962 on its file. The short facts necessary for the disposal of this appeal are as follows:2. For the general elections to the Legislative. Assembly of Andhra Pradesh, from Buggaram constituency, A. Mohan Reddy and A. Narayana Reddy contested. On 23-2-1962 the poll took place, and OR 26-2-1962 Narayana Reddy was declared elected by a majority of 314 votes, he having secured 20,814 votes as against his rival who secured 20,500 votes. The validity of this election was questioned by Mohan Reddy before the Tribunal on several, grounds, which need not be mentioned in detail. Suffice it to say that he complained of irregularities in counting of votes, inter alia that a uniform principle was not followed in declaring doubtful votes as invalid with the result that a large number of votes cast in favour of the petitione...
Tag this Judgment!Md. Sultan and ors. Vs. Firm of Rampratap Kannyalal
Court: Andhra Pradesh
Decided on: Jan-22-1963
Reported in: AIR1964AP201
ORDERGopalrao Ekbote, J.1. This revision petition is directed against the order dated 23-2-1960 passed by the Addl. Chief Judge, City Civil Court, Hyderabad. 2. The petitioners instituted a suit in which they sought the following reliefs: (a) directing the defendant to deliver the share certificates of the Vazir Sultan Tobacco Co., Ltd., as detailed in the plaint Schedule A, (b) for a sum of Rs. 5,000/- by way of damages intorts, and (c) far reasonable amount towards damages for breach of contract calculated at Rs. 512/-. 3. These reliefs were sought on the footing that the plaintiffs and the father of plaintiffs 4 to 8 obtained a loan of Rs. 90,000/- from defendant on 10th March, 1955 end executed a promissory note. The plaintiffs also pledged with the defendant share certificates of the Vazir Sultan Tobacco Co., Ltd. A memorandum of pledge was drawn up. The plaintiffs requested the defendant to receive the balance of amount due and sought the redemption of the suit shares. The defend...
Tag this Judgment!M.V. Sastry, Masulipatam Vs. Murlidhar Jhun Jhun Wala (P) Ltd., Madras
Court: Andhra Pradesh
Decided on: Jan-19-1963
Reported in: AIR1964AP88
Chandra Reddy, C.J.1. This appeal is directed against the judgment of our learned brother, Satyanarayana Raju J., in Company application No. 89 of 1960 in O. P. 11 of 1956.2. The material facts may be shortly stated. The company called the East Coast Transport and Shipping Company (hereinafter referred to as 'the company') started in the year 1937 was carrying on stevedoring business at Masulipatam Port. By an order made by this Court in O. P. No. 11 of 1956 on 8-2-1957 this company was directed to be wound up under the provisions of the Companies Act, 1956. In the public auction held on 24-1-1959, all the assets and good-will of the company were purchased by the appellant for a sum of Rs. 3,01,000/- subject to the liabilities.3. The Official Liquidator issued a general notice calling upon the creditors of the company to prove their claims, if any. Pursuant to this notice, the respondent, a constituent of the company and who had a running account with the company, preferred a claim for...
Tag this Judgment!Palasa Cashew Manufacturers Association, Palasa Represented by Its Pre ...
Court: Andhra Pradesh
Decided on: Jan-19-1963
Reported in: AIR1964AP142; 1964CriLJ387; (1963)IILLJ483AP
ORDERChandra Sekhara Sastry, J. 1. In these three criminal revision cases and the writ petition, a common question arises for decision. The facts alleged in the affidavit filed in support of the writ petition are no admitted by the respondents. But in the criminal revision cases, evidence was taken and the facts are investigated and found by the trial Magistrate and by the Sessions Court, Srikakulam in revision it is stated by the learned Counsel appearing it the cases that the decision of the writ petition will be governed by the decision in the criminal revision cases. Therefore, I shall first deal with the criminal revision cases.2. It is also stated by the learned Counsel appearing for the petitioners that the facts in all the three revision cases are similar. So I shall first consider the Criminal Revision Case No. 2347 61 which arises out of SC. No. 1 of 1959 on the file of the Additional District Munsif Magistrate, Sompeta. The accused, Sreeram Rattayya of Palasa is the occupier...
Tag this Judgment!inguva Ramakrishna Rao Vs. Samudrala Venkataratnam
Court: Andhra Pradesh
Decided on: Jan-18-1963
Reported in: AIR1964AP69
Chandrasekhara Sastry, J. 1. The plaintiff who is the appellant in this Second Appeal, was a licensed stamp-vendor to sell Court-fee general stamps in the District Munsif's Court, Nuzbid. The defendant was a clerk appointed by him, according to the allegations in the plaint, on a monthly salary of Rs. 25/-for the purpose of depositing money in the Sub-treasury and taking delivery of the indented stamps and selling the stamps at the Court and maintaining a true and proper account of the above transactions. The further allegations in the plaint are as follows: The plaintiff was furnishing the defendant with the necessary funds for the purchase of stamps. The defendant was not paying the plaintiff all the sale proceeds of stamps. So, in April 1955, after the Court was closed for summer vacation, the plaintiff demanded the dfefendant to render a trueand proper account of all the transactions and pay to the plaintiff the amount which was lying with the defendant representing the sale procee...
Tag this Judgment!Muppana Somaraju and Veeraraju Vs. Commissioner of Income-tax, Andhra ...
Court: Andhra Pradesh
Decided on: Jan-11-1963
Reported in: [1964]51ITR131(AP)
Under section 66 (1) of the Indian Income-tax Act, 1922 (Central Act XXI of 1922), the Income-tax Appellate Tribunal, Hyderabad Bench, has referred the following question of law for decision by this court :'Whether, on the facts and in the circumstances of the case, the levy of penalty on the assessee under section 28 (1) (c) of the Income-tax Act, 1922, was legal ?'The Tribunal has made this reference on an application made by Messrs. Muppana Somaraju and Veeraraju of Peddapuram.The relevant facts, as apparent from the agreed statement of the case drawn up by the Tribunal, are as follows :Muppana Somaraju and Veeraraju, with the status of a Hindu undivided joint family, submitted a return of income as assessee for the assessment year 1948-49 for which the accounting year was the calendar year 1947. In the return, the assessee did not disclose as its income, the income derived from two talkies bearing the names of Sri Ramakrishna Touring Talkies and Sri Seetharama Touring Talkies. On t...
Tag this Judgment!Madansetty Tirpataiah and anr. Vs. State S.i.P. Atmakur and ors.
Court: Andhra Pradesh
Decided on: Jan-10-1963
Reported in: AIR1963AP401
ORDERSharfuddin Ahmed, J. 1. The short question that requires determination in this Criminal Revision Case is, whether some additional documents could be adduced by a party in proceedings under Section 145, Cr. P. C., after the expiry of the time limit fixed by the Magistrate. The question arises in the following circumstances.2. The petitioners herein, shown as respondents 4 and 5 in the lower Court, were disputing the possession of an oil mill, the other contending party being respondents 2 and 3. On the basis of a report by the Police, the Sub Divisional Magistrate, Narayanpet, issued a preliminary order under Section 145 Cr. P. C., directing the parties to put in their written statements, and such documents and affidavits on which they relied in respect of their claims. The matter was subsequently transferred to the Munsif-Magistrate, Wanaparthy for disposal.It was at this stage that the petitioners herein realised that the affidavits filed by them were not duly attested as laid do...
Tag this Judgment!Madansetty Tirpataiah and anr. Vs. Stats S.i.P. Atmakur and ors.
Court: Andhra Pradesh
Decided on: Jan-10-1963
Reported in: 1963CriLJ491
ORDERSharfuddin Ahmed, J.1. The short question that requires determination in this Criminal Revision Case is, whether some additional documents could be adduced by a party in proceedings under Section 145, Cr. P. C, after the expiry of the time limit fixed by the Magistrate. The question arises in the following circumstances.2. The petitioners herein, shown as respondents 4 and 5 in the lower Court, were disputing the possession of an oil mill, the other contending party being respondents 2 and 3. On the basis of a report by the Police, the Sub Divisional Magistrate, Narayanpet, issued a preliminary order under Section 145 Cr.P.C, directing the parties to put in their written statements, and such documents and affidavits on which they relied in respect of their claims. The matter was subsequently transferred to the Munsif Magistrate, Wanaparthy for disposal.It was at this stage that the petitioners herein realised that the affidavits filed by them were not duly attested as laid down in...
Tag this Judgment!K. Manga Raju Vs. Venugopalaswamivaru and anr.
Court: Andhra Pradesh
Decided on: Jan-08-1963
Reported in: AIR1964AP412
Seshachalapathi, J.1. This Second Appeal arises out of a suit (O. S. No. 49 of 1955, Sub court Kakinada) filed by the managing trustee of Sri Venugopalaswamyvaru Devastlninam of Viravada, for the recovery of a sum of Rs. 5,517-4-6 being the rent due in respect of the temple lands demised to the 1st defendant. The circumstances under which the suit was filed are briefly these :--2. On 19-3-1950, the then trustees of Devasthanam caused a public auction to be held for leasing out an extent of 11-69 acres of the temple lands for four years, Vikruty, Khara, Nandana and Vijaya. The 1st defendant was highest bidder. The sale of the lease hold was, therefore knocked down in his favour. He executed a registered muchilika (Ex. A-l) on 18-4-1950 covenanting to pay Rs. 2,890/- per year, and entered upon the demised lands. He paid the rent for Vikruty, though beyond the stipulated lime. He did not pay the rent for the year Khara. The Board of Trustees of the Devasthanam authorised the then managing...
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