Andhra Pradesh Court August 1963 Judgments
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Kolaparti Venkatareddi Vs. Kolaparti Peda Venkatachalam
Court: Andhra Pradesh
Decided on: Aug-19-1963
Reported in: AIR1964AP465
Gopal Rao Ekbote, J. 1. This second appeal is preferred by the plaintiff whose suit has been dismissed by both the Courts below. The plaintiff kid the suit for a declaration that the document dated 29th May, 1942, is void and inoperative as against the plaintiff. It was alleged that the plaintiff and his brother, the defendant, were divided some 20 years back. Under the said partition barber service inam lands belonging to the family were divided equally between them. The land described in the Schedule attached to the plaint fell to the share of the plaintiff. Apart from the barber service mam the plaintiff was appointed by the Government as a vettiyan. The defendant has no concern whatsoever with the office of the vettiyan or its emoluments. Taking undue advantage of the young age of the plaintiff the defendant got a document executed in his favour on 29-5-1943 under which the plaintiff was made to deliver the defendant a share of the emoluments of the vettiyan service. The suit land ...
Gummadi Narayana Reddi and ors. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-17-1963
Reported in: AIR1964AP373
Satyanarayana Raju, J. 1. These petitions under Article 226 of the Constitution, arc for the issue of a writ of mandamus or other appropriate writ, direction or order, to the State of Andhra Pradesh to forbear from enforcing G. O. Ms. No. 2271, Agriculture, dated 29th November, 1962, or any of the provisions of the Hyderabad Markets Act (II of 1339 Fasli) or the rules or bye-laws thereunder, in respect of vegetables and fruits. 2. The petitioners are ryots engaged in the cultivation of vegetables wholesale commission agents and fruit merchants in and around the Cities of Hyderabad and Secunderabad. 3. The material averments, in the affidavits filed in support of the petitions are these: There are three wholesale markets in the Cities of Secunderabad and Hyderabad, in which vegetables and fruits are sold. They are Hissamganj in Secunderabad, and Mirialamandi and Subzimandi in Hyderabad. From times immemorial, the wholesale commission agents, the growers and the retail purchasers have be...
Sirsilk Ltd., Sirpur, Kaghaznagar represented by General Power of Atto ...
Court: Andhra Pradesh
Decided on: Aug-16-1963
Reported in: AIR1964AP291; [1964(9)FLR365]
Chandra Reddy, C. J.1. This is an appeal under Section 82(2) of the Employees State Insurance Act (34 of 1948) (hereinafter referred to as the Act) against the order of the Employees' Insurance Court, Hyderabad, holding that the workmen in the canteen attached to the Sirsilk Limited, Sirpur-Kagaznagar, are employees of the appellant, and, consequently, the appellant is liable to contribute to the Employees' insurance fund.2. The Regional Director, the Employees' State Insurance Corporation called upon the appellant to make a contribution to this fund for the staff of the canteen. It is to avoid compliance with the requisition of the Regional Director that the appellant had recourse to Section 75 of the Act inviting the decision of the Employees' Insurance Court. The Insurance Court took the view that the workmen of the canteen are the employees of the appellant for purposes of the Act and hence the appellant was obliged to contribute to the insurance fund for the workers in the canteen...
Sri Kanyaka Parameswari Salt Works Chatamatta Represented by Sri K. Ve ...
Court: Andhra Pradesh
Decided on: Aug-14-1963
Reported in: AIR1964AP232; 1964CriLJ513; [1964(9)FLR388]
ORDERGopalakrishnan Nair, J.1. These petitions raise substantially similar questions and have therefore been heard together and can conveniently be disposed of by a common judgment.2. The Petitioner in W. P. No. 140 of 1963 is the owner of 'Sri Kanyaka Parameswari Salt works, CHARAMATTA' and the petitioner in W. P. no. 141/63 is me owner of 'Sri Ambica Salt and Co., Poojmadaka'. The Regional Inspector of Factories, Anakapalle, intimated in writing to each of the petitioners that this respective salt pan is a factory under Section 2(m)(1) of the factories Act. On this basis, he directed the petitioners to take steps for obtaining licence for the factory under the provisions of the Act and the rules made thereunder.Each of the petitioners preferred a separate appeal 10 the Chief Inspector of Factories under Section 107 in of the Factories Act. The chief Inspector rejected those appeals on the grounds that they did 'not come under the purview of appeal against any written order, as per Se...
In Re: Sri A. Gurubasappa, Advocate Rayadrug
Court: Andhra Pradesh
Decided on: Aug-12-1963
Reported in: AIR1964AP261
Satyanarayana Raju, J. 1. This proceeding arises out of a complaint preferred by one M. Basappa (hereinafter referred to as the complainant) to the High Court alleging professional misconduct against Sri A. Gurubasappa (hereinafter referred to as we respondent), an Advocate practising at Rayadrug.2. The substance of the complaint is as follows the complainant filed O.S. No. 164 of 1958, on the tile of the Court of the District Munsif, Rayadrug, and engaged the. respondent as a Junior Advocate. A sum of Rs. 50/- was settled as fees for the respondent and it was paid. the respondent appeared for the complainant during the early stages of the suit; but when the Government was impleaded as the 3rd defendant, at the instance of defendants 1 and 2, he reported 'no instructions' for the complainant without his knowledge and consent and filed a memo of appearance on behalf of the 3rd defendant and contested the suit against the complainant. It is further averred that we complainant had given a...
M. Dodla Malliah and ors. Vs. the State of Andhra Pradesh Through Asst ...
Court: Andhra Pradesh
Decided on: Aug-09-1963
Reported in: AIR1964AP216
Venkatesam, J.1. This reference was made to a Bench by one of us (Venkatesam, J.) on account of the novel contention put forward regarding the question of Court-fee, and the important principle it involves.2. The facts shortly are these. Toe Assistant Collector and Land Acquisition Officer, Warangal, made a reference to the District Judge, Warangal, under Section 15 of the Hyderabad Land Acquisition Act (which corresponds to Section 19 of the Land Acquisition Act, No. 1 of 1894 as the claimants were dissatisfied with the amount of compensation awarded. It was registered as Original Petition No. 36 of 1960. It may be noted that though the reference was made under the Hyderabad Land' Acquisition Act, during the pendency of the petition that Act was repealed, and Act 1 of 1894 was made applicable to the erstwhile Telangana area. The district Judge confirmed the award of the Land-Acquisition Officer. Aggrieved by that decision, the claimants preferred the appeal to this Court for enhanced ...
In Re: Malepati Srihari Rao
Court: Andhra Pradesh
Decided on: Aug-09-1963
Reported in: AIR1964AP226; 1964CriLJ507
ORDERKumarayya, J.1. The petitioner is one of the 6 accused in C. C. No. 2 of 1960 on the file of the Munsif-Magistrate, Narasaraopeta, who along with others was convicted of offences under Sections 143, 342 and 348, I.P.C. and was sentenced to undergo simple Imprisonment for one month and pay a fine of Rs. 100/- and in default to Sutter simple imprisonment for a further term of one month for the offences under Section 348, I. P. C, and pay a fine of Rs. 50/- or in default suffer simple imprisonment for one month for the offence under Section 143, I. P. C. No separate sentence was given for the offence under Section 342, I. P. C, in view of sentence already awarded for the offence under Section 143, I. P. C. On appeal the Additional Sessions Judge, Guntur, confirmed the order of conviction and maintained the sentences of fine, but reduced the simple imprisonment awarded under Section 348 to one of imprisonment till the rising of the Court. A-1 alone has come up in revision to this Cour...
Sattemma Vs. Vishnu Murthy
Court: Andhra Pradesh
Decided on: Aug-05-1963
Reported in: AIR1964AP162
Chandra Reddy, C.J.1. The question to be answered by the Full Bench relates to the maintainability of an appeal, under Clause 15 of the Letters Patent, against an order of a single Judge of this Court refusing to review an order passed by him earlier dismissing the petition for leave to prefer an appeal in forma pauperis.2. This reference has been necessitated by the judgment of the Madras High Court in Chinnadorai v. Doraisundaram : AIR1954Mad642 which, in its turn, followed the principle enunciated by Muttuswami Ayyar and Parker JJ. in Achaya v. Ratnavel, 1LR 9 Mad 253.3. The point to be considered by us is whether the rule stated in : AIR1954Mad642 represents the correct law. The principle enunciated in that ruling is that no appeal lies against an order of a single Judge dismissing a petition for review having regard to the provisions of Order 47, Rule 7 C. P. C. and that this provision of law prevails over Clause 15 of the Letters Patent. Undeniably, Order 47, Rule 7 C. P. C. post...
Bhagwan Das and anr. Vs. Chabill Das
Court: Andhra Pradesh
Decided on: Aug-05-1963
Reported in: AIR1964AP170
ORDERSherfuddin Ahmed, J.1. The question that requires determination in this Revision Petition is whether against the order made by the competent authority under Section 37-A of the Hyderabad Shops and Establishments Act (10 of 1951), an appeal lies to the Chief Judge of the Small Causes Court or to the District Court. A claim was instituted before the competent Authority under the Hyderabad Shops and Establishments Act in respect of the service rendered by the petitioner herein as an employee of the Mukund Rice Mill at Bhiknur. The claim was decreed by the competent authority. Aggrieved by that order, an appeal was filed to the Chief Judge. Court of. Small Causes in Appeal No. 304/3 of 1961. The learned Chief Judge held that he was not competent to entertain the appeal, and in that view dismissed the same. The revision petition is directed against this order.2. According to Section 37-A of the Hyderabad Shops and Establishments Act, the provisions of Section 15 of the Payment of Wages...
Varigonda Kameswaramma Vs. Duvvuri Viswanadham
Court: Andhra Pradesh
Decided on: Aug-01-1963
Reported in: AIR1964AP158
Kumarayya, J.1. This is a proceeding under Section 10 of the Indian Bar councils Act, 1925. It has been started on a complaint made by V. Kameswaramma, alleging professional misconduct against Sri Duvvuri Viswanadam of Kotnagudem, an advocate practising at Ramavaram. This complaint was referred for enquiry to the District Judge. Khammam, after consultation with the Bar Council. The learned District Judge after due enquiry, submitted his report with a finding that the respondent is guilty of professional misconduct, in his opinion, in the circumstances of the case he ought to be sternly dealt with.2. The facts leading to the complaint may be shortly stated. The complainant let out her Malgi in Kotnaguaem to one Ambaji and his son, satyanarayana. This soon involved her into difficulties, as the tenants would not pay her the stipulated rent and filed a petition No. 3 of 1957 before the Rent Controller, Kothaguoem, for fixation or fair rent. They then allowed themselves to run into arrears...
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