Andhra Pradesh Court July 1964 Judgments
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The Official Receiver, Nellore Vs. Pavuloori Veeraiah and ors.
Court: Andhra Pradesh
Decided on: Jul-31-1964
Reported in: AIR1966AP114
Narasimham, J.1. This second appeal arises out of an application filed by the Official Receiver. Nellore, under Sections 4 and 53 of the Provincial Insolvency Act, to annul the decree in O. S. 89 of 1952 of Sub Court, Tenali, and the sale held in execution thereof. 2. The Subordinate Judge of Bapatla, to whom the application was made invoking his insolvency jurisdiction, allowed the application holding that the decree and the execution proceedings were all collusive. On appeal the learned Additional District Judge held differing from the Subordinate Judge that the decree and the execution proceedings could not be annulled either under 4 and 53 of the Provincial Insolvency Act, The Official Receiver has preferred this second appeal aggrieved by the dismissal of his application. 3. The application was made in the following circumstances: The 4th respondent herein Narayyu was the insolvent who was adjudged on 19-3-1956 on a creditor's petition filed on 7-2-1956. The said Narayya had earli...
J. Kuppanna Chetty, Ambati Ramayya Chetty and Co. Vs. Collector of Ana ...
Court: Andhra Pradesh
Decided on: Jul-28-1964
Reported in: AIR1965AP457
Venkatesam, J.(1) This appeal is directed against the judgment of the learned Subordinate Judge, Anantapur, in O. S. No. 8 of 1958. The facts necessary for the determination of the questions arising in this case are as follows : - The plaintiff J. Kuppanna Chetty, Ambati Ramayya Chetty and Company of Kadiri, is a firm carrying on business as groundnut and mundy merchants. They took on lease a groundnut decorticating factory at Kadiri, known by the name of Vittal Seshappa Chetty Sons, Groundnut Factory. The factory was under the management of one of the partners, Kuppanna Chetty. Vittan Subbayya Chetty, son of Seshayya Chetty was in arrears of Income-tax relating to the year 1951-52 and 1952-53 to the extent of Rs. 20,921-10-0 and Rs. 9,035-4-0, respectively. The Income-tax Officer issued a certificate under S. 46 (2) of the Income-tax Act, 1922, to the Collector of Bellary for realisation of the said arrears. The Tahsildar, Kadiri, was directed by the Collector to attach the said facto...
Village Panchayat of Jangareddigudem Vs. Kommireddy Narasayya
Court: Andhra Pradesh
Decided on: Jul-28-1964
Reported in: AIR1965AP191
Narasimham, J.(1) This is an appeal under the Letters Patent against the judgment of Krishnarao, J. in S. A. No. 158 of 1959 by which he reversed the decree of the lower appellate Court and dismissed the suit. The plaintiff - the Village Panchayat of Jangareddigudem represented by its President - is the appellant. (2) The suit was instituted to recover Rs. 3,683-2-0 with subsequent interest thereon, as the amount payable by the respondent herein under the auction held by the appellant on 10-3-1951 of the right to collect fees in weekly and daily markets and the cart stands of Jangareddigudem Panchayat Board for the year 1951-52.(3) The relevant facts are these : The respondent was the highest bidder at the auction of the right to collect fees in weekly and daily markets and the cart stands in the Jangareddigudem Panchayat Board for the year 1951-52. The auction was held by the President of the said Panchayat Board on 10-3-1951 and knocked down in favour of the respondent for Rs. 4,150/...
Public Prosecutor Vs. Manchanamolu Subbarao
Court: Andhra Pradesh
Decided on: Jul-28-1964
Reported in: AIR1965AP251; 1964CriLJ448
Basi Reddy, J. (1) This is an appeal by the state Government against the judgment of the Sessions Case No. 14 of 1962, whereby he acquitted the accused-respondent (Manchanamolu Subba Rao) of the offences of murder and robbery punishable under Ss. 302 and 392, Indian Penal Code, with which he was charged. in support of this appeal by the State Government, it was contended by the learned Public Prosecutor that the learned Sessions Judge has taken an unreasonable view of the evidence in acquitting the accused, with the result that there has been a grave miscarriage of justice. (2) This is an unfortunate case and is a typical instance of juvenile delinquency. At the time the offence was committed, the accused was aged below 16 and was studying in VIII class in the Mathwada Government Middle School at Warangal. The case of the prosecution was that with a view to rob a classmate of his, Shanker by name, of a watch which the latter was wearing and which he had received as a present from his u...
Kannayya Naidu Vs. the Regional Transport Authority, Chittoor and anr.
Court: Andhra Pradesh
Decided on: Jul-28-1964
Reported in: AIR1965AP229
ORDER1. These writ petitions raise a question whether the variation of the route in respect of which a stage carriage permit has been granted is within the jurisdiction of the Regional Transport Authority acting under the provisions of Sec. 57 of the Motor Vehicles Act (hereinafter referred to as the Act). The contention put forward on behalf of the petitioners is that specification of the route for which a stage carriage permit shall be valid is not a condition of the permit and that therefore a variation of the route by the inclusion of a new route in the permit is not an alteration of the condition of the permit and that consequently the Regional Transport Authority has no jurisdiction under Sec. 57 of the Act to entertain or proceed with the applications for variation of routes covered by stage carriage permits. (2) The second respondent in W. P. 755/ 64 holds a stage carriage permit in respect of the route Nagalapuram to Palliput. He applied to the Regional Transport Authority, Ch...
Kosaraju Venkata Subbayya, Vs. the Government of Andhra Pradesh and an ...
Court: Andhra Pradesh
Decided on: Jul-27-1964
Reported in: AIR1965AP425
ORDER(1) The Petitioners ask for a writ of Certiorari or in the alternative a writ of mandamus or any appropriate direction or order to quash or override the orders passed by the Directors of Public Instruction (Second respondent) and to compel him and the State Government (First respondent) to give effect to their earlier decision to prescribe the books of the petitioners as second language Hindi text books for the 5th and the 6th classes of the schools in the State. It is necessary to state a few facts to bring to the fore the controversy between the parties. The Government of erstwhile Andhra Pradesh had in G. O. 158, Education, dated 24-2-1954 framed certain administrative rules or instructions regarding the selection of text books for use in the schools in the State. They provided for two text books Committees for selecting books and recommending their acceptance to the Government. In 1956, by G. O. No. 2482 dated 23-10-1956 provisions was made for the appointment of an accused ho...
Public Prosecutor, Andhra Pradesh Vs. Pachiyappa Mudaliar
Court: Andhra Pradesh
Decided on: Jul-25-1964
Reported in: AIR1965AP162; 1965CriLJ542
(1) The State has filed this appeal against the Order acquitting the respondent from a charge under S. 379 I. P. C. It appears the learned Magistrate took cognizance of the case on 12-3-1963 and framed a charge under S. 379, I. P. C. against the accused, who pleaded not guilty and claimed to be tried. Then the case was posted to 25-3-1963 for evidence. On that day, A. P. P. II was on leave, although it appears that some of the prosecution witnesses were present. On 9-4-1963 the case was adjourned on the prayer of the defence and it was posted to 25-4-1963 on which date the respondent was absent. On 6-5-1963 the Magistrate issued summons to P. Ws. 2 to 5, 7 and 8 and ordered that the rest of the prosecution witnesses should be produced. On 13-5-1963 the prosecution witnesses were not present. The summonses also were not returned. Then the A. S. I who was present at the time undertook responsibility to produce the prosecution witnesses at the next hearing of the case, which was posted to...
T.G. Lakshmi Narayana Chetty and Brothers Merchants Adoni Vs. K.V. Nan ...
Court: Andhra Pradesh
Decided on: Jul-24-1964
Reported in: AIR1965AP136
Venkatesam, J.(1) This appeal is by the plaintiff against the decision of the learned Additional District Judge, Kurnool in A. S. No. 25 of 1958. The facts necessary for determination of the question in controversy may be stated thus :The plaintiff, who is a merchant of Adoni carrying on business as a commission agent acts as pucca adithya. The 1st defendant is a merchant of Hindupur and manager of the joint family consisting of himself, his father the 2nd defendant, and his brothers, defendants 3 to 5. The 1st defendant entered into a contract in May 1954 with the plaintiff for purchase of one wagon of groundnut oil for June delivery and also remitted Rs. 500/- as advance. The plaintiff entered into a contract with one Omechand Kasiram (hereinafter referred to as Kasiram) of Adoni for the purchase of a wagon at Rs. 15-8-3 per maund for delivery in June, 1954 and intimated the 1st defendant of the same. Subsequently there was a gradual fall in the market price. The plaintiff paid Kasir...
V. Ramachandra Rao and ors. Vs. the Andhra Pradesh Regional Committee ...
Court: Andhra Pradesh
Decided on: Jul-24-1964
Reported in: AIR1965AP306
ORDER(1) The petitioners who are five members of the Andhra Pradesh Legislative Assembly, seek a declaration that the proceedings of the Andhra Pradesh Regional Committee, dated 10-7-1964 at the 19th Meeting are null and void and further ask for an order of direction under Art. 226 of the Constitution to compel the Chairman of the said Committee to convene a fresh Meeting of the Committee after issuing proper notice to all the Members thereof including the petitioners for considering the Andhra Pradesh Gram Panchayat Amendment Bill, 1964 which had been referred to it by the Andhra Pradesh Legislative Assembly. Along with this petition under Art. 226, the petitioners have filed a C. M. P. to restrain, until disposal of the main Petition, the Council of Ministers represented by the Chief Minister, from presenting the two Bills to the Governor under Art. 200 of the Constitution. The main Petition and the C. M. P. have been heard together as desired by both sides and can, therefore, be dis...
Peddi Sivaiah and ors. Vs. Tekchand
Court: Andhra Pradesh
Decided on: Jul-24-1964
Reported in: AIR1966AP305
Gopal Rao Ekbote, J.1. This second appeal is filed by the plaintiffs whose suit has been dismissed by the Second Additional Chief Judge, City Civil Court, Hyderabad through his judgment dated 30th November, 1962. 2. The necessary facts in order to appreciate the contentions raised before me may be briefly stated. 3. Plaintiff No. 1 claimed himself to be the illatom-son-in-law of one Nagiah who died leaving the suit property. Plaintiff No. 2 is his daughter married to the 1st plaintiff; and plaintiff No. 3 is the son of the first two plaintiffs. It was alleged inter alia in the plaint that Nagiah was the owner of the property. He died on 5-11-1951 leaving the plaintiffs as his heirs. The deceased before he died made a will under which he gave his entire movable and immovable properties to the plaintiffs. It was denied in the plaint that Ethirajamma 1st defendant was the legally wedded wife of Nagiah. It was also alleged that she was a concubine kept by Nagiah but .she was leading an unc...
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