Andhra Pradesh Court August 1963 Judgments
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In Re: Kondepudi Ramam
Court: Andhra Pradesh
Decided on: Aug-30-1963
Reported in: AIR1964AP350
Ananthanarayana Ayyar, J.1. In Session Case No. 27 of 1962, the learned Sessions Judge, Rajahmundry convicted the sole accused, Kondepudi Ramam of an offence Under Section 302 I. P. C. and sentenced him to imprisonment for life, He also recorded in his judgment as follows:'I strongly feel that this is a fit case for recommending to the State Government Under Section 27, Madras Children Act (IV of 1920) for orders of the State Government, is no punishment under the provisions of the Madras Children Act would suffice. The accused shall be Kept in safe custody in the Central Jail at Rajahmundry and the case shall be reported for the orders of the State Government to be passed as required Under Section 27 of the Madras Children Act, 1920'.Accordingly the accused has continued to be In the Central Jail at Rajahmundry. No orders have been passed so far by the Government Under Section 27 of the Madras Children Act, 192O. But, the accused fiied this appeal against his conviction and sentence.2...
Syed MohiddIn (Died) and anr. Vs. Abdul Rahim and ors.
Court: Andhra Pradesh
Decided on: Aug-29-1963
Reported in: AIR1964AP260
ORDERSharfuddin Ahmed, J. 1. The short question that requires determination in this C. R. P. is whether a third party could be added as defendant to a suit for partition in which a preliminary decree has been passed.2. The question arises in the following circumstances: The petitioner's father late Mahiuddin filed a suit for partition of certain properties mentioned in a and 8 schedule claiming to be the grandson of one Khader Ali. The defendants to the proceedings were the grandsons of the same ancestor through the first wife. The suit was instituted on 4-12-1951 and a preliminary decree was passed on 22-9-1953 directing the partition of the properties by metes and bounds into 7 equal shares and allotting 3 shares out of 7 shares to the plaintiff. Thereafter a Commissioner was appointed on an applica-tion (I. A. 510/55) for the division of ths properties. So far as A schedule was concerned, the partition was effected. But when the Commissioner came for the measurement and partition of...
State of Andhra Pradesh Represented by Collector, East Godavari at Kak ...
Court: Andhra Pradesh
Decided on: Aug-29-1963
Reported in: AIR1964AP485
1. The State of Andhra Pradesh represented by the Collector, East Godavari, Kakinada, the defen-dant in the lower Court, is the appellant in this appeal. The plaintiff is the respondent. The plaintiff was the licensed renter for the toddy shops in the villages of Palacherla and Kolamuru for the year 1-10-1947 to 30-9-1948. According to the terms of the auction, the toddy shops had to be located on an unobjectionable site in the 'gram kantam' of the respective villages. But as theplaintiff was not able to obtain a suitable site in the 'grama kantam' of the village of Palacherla, he located the shop of that village at a place outside the 'grama kantam'. Therefore, his licence for the Palacherla shop was withdrawn by the Collector of Abkari on 24-6-1948. Further, purporting to act under Clause 37 of the licence, the Collector of Abkari cancelled on 9-7-1948, the licence held by the plaintiff for the toddy shop situate in the village of Kolamur, though with regard to this shop, the plainti...
Salvari Vishwanadham Vs. Mankali Venkatamma
Court: Andhra Pradesh
Decided on: Aug-28-1963
Reported in: AIR1964AP388
Chandra Reddy, C.J.1. The point that calls for determination in this civil revision petition is whether an application to restore an appeal dismissed for default falls within the protection of Rule 11 (3) of the Andhra Pradesh Buildings (Lease, Rent and Eviction Control) Rules, 1961.2. This revision petition was first heard by our learned brother, Sharfuddin Ahmed, J., on 21-6-1963 and he desired it to be placed before a Bench for an authoritative pronouncement as he felt that it is a matter of much importance.3. A few material facts may be recited for an appreciation of the contentious arising in this petition. The petitioner is a lessee of a certain premises belonging to the respondent in the Secunderabad town. As he defaulted in the payment of rent for four months, an application under Section 10 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (XV of 1960) was filed for evicting the tenant. On a number of occasions, orders were passed ex parte directing ...
Narra Lingayya Vs. Revenue Divisional Officer, Narsaraopet and ors.
Court: Andhra Pradesh
Decided on: Aug-27-1963
Reported in: AIR1964AP433
Narasimham, J.1. This is a petition praying for the issue of a Writ of mandamus directing the Revenue Divisional Officer Narsaraopet, to convene a fresh meeting of the members of the Panchayat Samithi, Martur, Guntur District for the election of members to he co-opted as specified in clause (iii) of Section (1) of Section 4 of the Andhra Pradesh Panchayat Samihis and Zilla Parishads Act, 1959 ( Act No. XXXV of 1959), hereinafter to be referred to as the Act,2. The petitioner is a rate payer residing in Gannavaram within the Martur Panchayat Samithi area. The 1st Respondent herein is the Revenue Divisional Officer, Narsaraopet. Respondents 2 to 7 were co-opted as members at an election held by the 1st Respondent on 21-5-1962.3. The circumstances under which the petition has been filed are these: The Government of Andhra Pradesh constituted the Martur Panchayat Board Samithi by a notification under Section 3 (1) of the Act with effect from 1-6-1962. On 21-5-1962 the Revenue Divisional Of...
S. Imam Peer Khadri Nooredaria Vs. S. Khadija Bi and ors.
Court: Andhra Pradesh
Decided on: Aug-21-1963
Reported in: AIR1965AP18
(1) This Second Appeal is directed against the Judgment of the Subordinate Judge at Kurnool, who dismissed the defendant's appeal and confirmed the decree for plaintiffs passed by the District Munsif, Adoni.(2) The plaintiffs-respondents instituted a suit for an account against the defendant in the Court of the District Munsif, Adoni, on the basis of a contract of agency arising out of a power-of-attorney (Exhibit B-3) dated 29-12-1951 executed by the plaintiffs in favour of the defendant for the management of their estate. The defence was that the defendant had earlier been appointed agent by the deceased mother of the plaintiffs under Exhibit B-5 dated 28-11-1940 for management of the said properties and that he had overpaid the plaintiffs' mother and was entitled to an account and reimbursement from the plaintiffs who admittedly inherited the properties from mother. The defendant, therefore, asked that an account be taken for the period beginning from 28-11-1940 and ending with the ...
Puthota Chinnamma Vs. the Regional Deputy Director of Public Instructi ...
Court: Andhra Pradesh
Decided on: Aug-21-1963
Reported in: AIR1964AP277
Narasimham, J. 1. This is a petition under Article 226 of the Constitution for the issue of a writ of certiorari quashing a direction by Mother Mary Ignatius, Mother-General of St. Ann's Convent, Pbirangipu-ram, Guntur Dt. that the petitioner, a woman teacher of the R. C. M. Elementary School, Ren-tachintala, shall attend the school in the dress of a lay woman and thereby forbidding her wearing the conventional habit of a nun which the petitioner was. The said Mother Mary Ignatius, Mother-General, is impleaded as the 2nd respondent. The 1st respondent is the Regional Deputy Director of Public Instruction, Guntur.2. The facts necessary for appreciating the grievance of the petitioner are briefly these:- The petitioner is a Christian, and a teacher employed by the Roman Catholic Mission at Guntur, since 1939. She has been working as a woman teacher in the Elementary Schools run by the Roman Catholic Mission. She was made a nun in 1941 and admitted to the sister-hood of nuns. As a nun bel...
Bogam Papamma and anr. Vs. Kamatnam Lakshmamma
Court: Andhra Pradesh
Decided on: Aug-20-1963
Reported in: AIR1964AP297
Manohar Pershad, J.1. This second appeal on behalf of defendants 1 and 2 arises out of O. S. No. 108 of 1956, on the file of the District Munsif Court, Kurnool, which was instituted by the 1st defendant herein for the recovery of a sum of Rs. 968-10-3 representing the principal and interest due under a mortgage deed dated 2-4-1941.2. The case of the 1st respondent was that one Bogam Alampur Subbamma borrowed Rs. 500/- from the 3rd defendant Bogam Gudur Giremma and mortgaged her properties by a registered mortgage deed dated 2-4-1941. The mortgage was redeemable within one year. The 3rd defendant on the basis of the mortgage filed O. S. No. 215 of 1349 for the recovery of the mortgage debt and obtained a preliminary decree. Subsequently, she transferred the mortgage decree in favour of the plaintiff under Ex. A-5 dated 3-11-1951. After the said transfer the plaintiff filed I. A. No. 661 of 1953 for continuing the proceedings and also I. A. No. 662 of 1953 for passing of a final decree. ...
Sri Durga Rice and Baba Oil Mills Co. Nidubrole Represented by Its Par ...
Court: Andhra Pradesh
Decided on: Aug-19-1963
Reported in: AIR1964AP266; [1964]15STC676(AP)
Chandra Reddy, C.J.1. The constitutionality of the Andhra Pradesh General Sales Tax (Second Amendment) Act, (II of 1959) is put in issue in these writ petitions.2. The impugned Act amended items 5 and 6 of Schedule III (Paddy rice) to the Andhra Pradesh General Sales Tax Act, 1957, which enumerates the goods in respect of which a single point purchase tax only is leviable under Section 5(3)(b) of that Act, by enhancing the sales tax payable thereon from 3 naya paise to four naya paise in the rupee. The notices on the petitioners demanding the tax as permitted by the amending Act have occasioned the resort to Article 226 of the Constitution by them for the issue of directions to the respondents to forbear from giving effect to the notices.3. The validity of the Act is questioned on three grounds, namely (i) that it operates as a restriction on the freedom of trade contemplated by part XIII of the Constitution, especially. Article 304(b) and, consequently, it falls within the protection ...
A.R. Sethumadhavan, Proprietor, Central Cafe, Visakhapatnam and ors. V ...
Court: Andhra Pradesh
Decided on: Aug-19-1963
Reported in: AIR1964AP280
Narasimham, J. 1. This is a petition under Article 226 of the Constitution by some of the Hotel-keepers of Visakhapatnam town praying for a writ of prohibition or any other appropriate writ against the Municipality to forbear from collecting water rate from them as provided by its bye-laws.2. Under Sections 131 and I32-A of the Madras District Municipalities Act, 1920 (Act No. V of 1920) adopted by the State of Andhra Pradesb hereinafter to be referred to as the Act, the Municipal Council, Visakhapatnam framed bye-laws for the collection of charges for the supply of water to consumers in the town. Broadly stated, the residential buildings were permitted a free allowance varying with the annual rental value of the buildings and the water consumed in excess of free allowance was charged at the rate of Rs. 4/-per 1000 gallons or part thereof subject to a monthly minimum charge. With regard to water supplied to buildings other than residential buildings, they were not permitted any free al...