Andhra Pradesh Court November 1964 Judgments
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Kidambi Vatapatra Sayi Vs. V. Venkata Punnayya and ors.
Court: Andhra Pradesh
Decided on: Nov-17-1964
Reported in: AIR1965AP353
Venkatesam, J.(1) This L. P. A. arises our O. S. No 14 of 1955 on the file of Subordinate Judge, Guntur. The facts necessary for the determination of the question in issue may be stated thus.(2) The plaintiff , Kidambi Vatapatra Sayi, and defendants 1 to 3 are shareholders and directors of Chandra Art Studios Ltd., Madras, a company registered under the Indian Companies Act, 1913 in July 1946. The authorised share capital of the company is Rs. 3 lakhs, divided into three hundred shares of Rs. 1,000/- each. The value of each share, viz., Rs. 1,000/- is payable with application for shares. All shares have been subscribed and thus the share capital is fully paid up. At the inception, besides the plaintiff and the three defendants, there were two other Directors. The plaintiff was the Chairman of the Board of Directors throughout. For reasons, which we need not consider, the company, not long after commenced business, found itself in financial difficulties. C. V. Reddy, who held ten fully ...
The Vizianagaram Municipality Vs. Puvvada Bhaskara Rao and ors.
Court: Andhra Pradesh
Decided on: Nov-17-1964
Reported in: AIR1965AP326
Kumarayya, J.1. These appeals raise a short question as to the jurisdiction of the Civil Court to interfere with assessment made by the authorities under the District Municipalities Act. Whereas, S. A. Nos. 1027 and 1028/61 and 120/62 are concerned with the assessments made by the executive officer in the purported exercise of his authority under r. 10 of Schedule IV of the District Municipalities Act (V of 1920), the other two appeals are concerned with the assessment made by the Valuation Officer as upheld ultimately by the Municipal Appellate Council. It would appear from the facts of the first set of appeals that in the quinquennial general revision in 1957 the Valuation Officer appointed by the Government raised the tax of the buildings assessing their annual rental value at a very high figure. The revising authority in the subject matter of appeal in S. A. 1027/1961 and the appellate Municipal Council in all other cases considerably reduced the tax. Notwithstanding that the matte...
Official Liquidator, Eluru, the Eluru Motor Transport Ltd. Vs. Vankine ...
Court: Andhra Pradesh
Decided on: Nov-17-1964
Reported in: AIR1966AP157; [1966]36CompCas888(AP)
Chandba Reddy, C.J.1. This appeal is preferred by the Official Liquidator of West Godavari against the Judgment of the District Judge of West Godavari at Eluru, dismissing the petition to set aside the sale of three buses by the Eluru Motor Transport Ltd. (hereinafter referred to as the company) to the respondent and to direct the latter to deliver them to him.2. The company owned a number of stage carriages operating on the various routes in the State. In or about the year 1953, the financial position of the company was unsound and several of its creditors were pressing for the repayment of dues. One such creditor was the respondent, who brought O. S, 39/1953 for recovering a sum of Rs. 57,209-4-3 on the foot of a promissory note for Rs. 46,559-3-0 executed on 31-10-1951. Pending the suit, he applied for attachment before judgment of all the buses belonging to the Company. When this petition was filed, the company came to terms with the respondent and passed a resolution agreeing to s...
Municipalities S. Singareni Collieries Co. Ltd., Kothagudem Vs. the In ...
Court: Andhra Pradesh
Decided on: Nov-16-1964
Reported in: AIR1965AP405; [1965(11)FLR59]
ORDER(1) The petitioner is a public limited company called the Singareni Collieries Company Limited. This company represented by its Managing Director has filed the present writ petition under Article 226 asking the order dated 21-10-1963 passed by the Industrial Tribunal, Hyderabad in M. P. No. 36/ 63 in I. D. No. 15/ 63 to be quashed. The salient facts are as follows : The petitioner-company is a large mining concern more than 30,000 workmen. One workman called Ramaswami Naidu, a Canteen Mazdoor working as a cook in the Ramagundam division of the petitioner-company, was discharged by the management on the ground that he had not satisfactorily completed his probation. The workman claimed that he had completed his probation and that he must be considered to be a permanent workman, and dealt with on that basis under the standing orders of the Company.This claim eventually led to a reference being made to the Industrial Tribunal Hyderabad under section 10 of the Industrial Disputes Act (...
K. Subrahmanyamma Vs. District Welfare Officer, Eluru
Court: Andhra Pradesh
Decided on: Nov-16-1964
Reported in: AIR1966AP15
Venkatesam, J.1. This Appeal is directed against the award of the District Judge, West Goduvan at Elurn in O. T. No. 1/61 and I. A. No. 863/6 on his file. O. P. No. 1/61 is a reference under Section 18 of the Land AcquisitionLand Acquisition Act (hereinafter called the Act) for enhancement of the compensation awarded to Kurapati Subrah-manyamma, the appellant, hereinafter referred to as the claimant. The facts briefly arc as follows:2. An extent of laud measuring Acs. 3-75 tents and situated in the Village of Komadavole a zamindari village, in Eluru Taluk was acquired by the Government for providing house sites to Harijam. It comprised S. Nos. R. S. 126 measuring Acs. 2-99 cents and R. S. 127/2/B measuring 76 rents, in all of a total extent of Acs. 3-75 cents. It is not disputed that the claimant is the exclusive owner R. S. 126, she having got it as a gift from her father, and that others have no manner of interest whatever in the same. In this appeal we are concerned only with R. S. ...
Rai Bahadur Seth Sreeram Durgaprasad (P) Ltd., Visakhapatnam Vs. Deput ...
Court: Andhra Pradesh
Decided on: Nov-13-1964
Reported in: AIR1965AP294; 1965CriLJ180
Anantanarayana Ayyar, J. (1) The Petitioner, Rai Bahadur Seth Durga Prasad Private limited, of Visakhapatnam, has filed this writ petition with a prayer as follows:- 'To issue a writ in the nature of mandamus or any other appropriate writ or order or direction restraining the respondents..... from proceeding any further under the colour and guise of the warrants Nos. 9 and 10, dated 24-9-1963 and dated 27-9-1963, respectively, issued by the first respondent herein to respondents 2 and 3 herein and to strike down the said warrants...... as being void and illegal and direct the return of all the account-books, documents, other files and records and other articles.....seized and removed from the premises of the petitioner.' (2) There are three respondents. The first respondents is the deputy Collector of Customs, Vizag, Respondents 2 and 3 are preventive officers of the Customs Department, Vizag. (3) The petitioner has extensive business in the territories of Union of India including expo...
In Re: Ganduri Josephr Tangaraj
Court: Andhra Pradesh
Decided on: Nov-12-1964
Reported in: AIR1965AP402; 1965CriLJ599
ORDER(1) The Petitioner is the sole accused in C. C. No. 282 of 1964 on the file of the Additional District Munsif Magistrate, Nellore. He has filed this petition under Ss. 435, 439 and 561-A of the Code of Criminal Procedure Praying for quashing the proceedings in C. C. No. 282 of 1964.(2) The relevant facts are as follows : In Sessions Case No. 27 of 1964, on the file of the learned Sessions Judge, Nellore, one Kadiveti Venkataramareddi alias Ramireddi stood charged of an offence under S. 302 I. P. C. for having committed the murder of his wife Kameswaramma. In that case, the present accused was examined as P. W. 1. Soon after the occurrence he had prepared a statement signed by himself relating to the occurrence and presented it to the Sub Inspector of Police, Allur. That statement was not marked in evidence in the Sessions Court as it was found by the learned Sessions Judge to come under Section 162, Cr. P. C., because even before Joseph Tangraj gave that statement to the police, t...
Vuyyuru Pothuraju Vs. Vuyyuru Radha
Court: Andhra Pradesh
Decided on: Nov-12-1964
Reported in: AIR1965AP407
Chandra Reddy, C.J. (1) This appeal is field against the judgment of the Subordinate Judge, West Godavari at Eluru in O. P. No. 83 of 1958.(2) The petition under section 9 giving rise to this appeal was founded on the allegations that the appellant was married to the respondent in or about the year 1948, that ever since he and his wife, impleaded as 1st respondent to the petition, lived in the house of the latter's foster-father, and that subsequently he was illtreated there and consequently he was reluctant to continue to live any longer in that house. For this reasons, he went back to his village and he requested his wife to come over to him, but she refused to do so. Hence the appellant was constrained to initiate proceedings under section 9 of the Hindu Marriage Act. To this petition, the foster-father of the 1st respondent was added as the 7th respondent. (3) This petition was resisted by the wife on the pleas that under an agreement entered into between the parties prior to the m...
Gunnam Lakshmipathi Vs. Yadlapalli Veera Venkata Subbarao and ors.
Court: Andhra Pradesh
Decided on: Nov-11-1964
Reported in: AIR1965AP339
Venkatesam, J.(1) This appeal has come for hearing before us on a reference by our learned brother Sharfuddin Ahmed J. Sanjeeva Row Naidu, J., Who heard C. M. A. No. 237 of 1958 made certain observation regarding the scope of o. 21, Rule 16 C. P. C. while remanding that appeal and following them the lower appellate court allowed the C. M. A. C. M. S. A. A. No. 95 of 1961 is directed against that decision. Sharfuddin Ahmed J., was not prepared to accept the correctness of the view expressed by Sanjeeva Row Naidu, J. as it was contrary to bench decisions of the Madras High Court, namely Ramayya v. Krishnamurthi, ILR 40 Mad 296 : ( AIR 1917 Mad 590 ) and a. Venkataratnam v. Annabattula Nayudu, 28 Ind Cas 906 : (AIR 1915 Mad 799) and hence referred the Appeal to a Bench.(2) In order to fully appreciate the contentions raised by the appellant , the antecedent facts may briefly be noticed. One Boda Subbarao, the 2nd respondent before us, obtained a money decree against Gunnam Lakshmipathi (3...
Shrikishen Dhoot and ors. Vs. S.D. Kamlapurkur and ors.
Court: Andhra Pradesh
Decided on: Nov-10-1964
Reported in: [1965]35CompCas913(AP)
Manohar Pershad, J.1. O.S. No. 32/1 of 1953-54 out of which this present appeal F.A. No. 2/1 of 1956 on behalf of defendants Nos. 1 to 10 arises was instituted by the first respondent herein for recovery of H.S. Rs. 5,975 with interest thereon alleging that he was a member of the Hyderabad Bullion Exchange and paid a membership deposit of H.S. Rs. 1,000 initially and later on he deposited N. G. P. Notes of Rs. 5,000 as membership security deposit. In the month of August, 1947, he left for U.S.A. for higher studies and came back in the year 1950. After his return, he was informed that his security deposit amounts were being refunded by the defendants to the members as the said deposits were no longer required. On 9th June, 1952, he wrote to defendant No. 3, who was the then chairman of the defendants' company for the refund of his deposit amount. By a circular letter dated 10th June, 1952, the defendants' company informed him that his deposit amount would be returned to him on his intim...
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