Andhra Pradesh Court July 1964 Judgments
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Hyder Khan Vs. Babu Laxminarayana Gupta
Court: Andhra Pradesh
Decided on: Jul-23-1964
Reported in: AIR1965AP185
(1) This is an appeal against the order passed by the Additional Chief Judge, City Civil Court, whereby he rejected the application made under O. 41 R. 21 C. P. C. The learned Judge in an appeal against the money decree preferred by the defendant set aside the judgment of the trial Court without hearing the plaintiff and in his absence, it would appear that the appeal was posted for hearing on 18-3-1960 when arguments of the appellant were heard in part. Thereafter the case could be heard only on 30-3-1960 and 31-3-1960. On these occasions, it is only the appellant who addressed his arguments as can be gathered form the notes paper. There is no reference to the fact that the appellant had closed his arguments and the respondent was heard on merits to any extent. The next date for hearing the appeal was fixed as 1-4-1960. On that day, both parties were absent. The court then declared that the appeal is closed and posted the case for judgment on 6-4-1960. As the judgment was not ready on...
Bhaskara Chalamiah (Died) Piler Khasim Saheb and ors. Vs. the Body of ...
Court: Andhra Pradesh
Decided on: Jul-23-1964
Reported in: AIR1965AP68
Narasimham, J.(1) This is an appeal under the Letters Patent against an order of Chandrasekhara Sastry J. , in S. A. 1266 of 1959 remanding the case to the 1st Appellate Court for fresh disposal in the light of the observations that he made in his judgment .(2) The relevant facts are these : The suit out of which the appeal arises is one to set aside an adverse order made against the decree-holder in execution of his decree in S. C. 384/53 against one Piler Khasim Saheb. The said decree was obtained by Piler Miah Saheb on the foot of a pronote executed by the said Khasim Saheb, hereinafter to be referred to as the judgment - debtor on 5-12-50 for Rs. 260/-. The said judgment-debtor had earlier borrowed Rs. 500/- from one Bhaskara Chalamiah under a usufructuary mortgage of his lands on 17-8-1944, Ex. B. 1. The said Bhaskara Chalamiah obtained a sale deed of the lands covered by the mortgage from the judgment-debtor, Ex. B. 2 dt. 22-5-53 in discharge of his mortgage debt.(3) When the jud...
State of Andhra Pradesh Vs. Ravuri Narasimloo
Court: Andhra Pradesh
Decided on: Jul-23-1964
Reported in: [1965]16STC54(AP)
P. Chandra Reddy, C.J. 1. The common question that is presented by these revisions bears upon Section 14 of the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as the Act). This question arises in the following circumstances.2. The respondent in all the petitions is a dealer in iron and iron scrap at Secunderabad. T.R.C. No. 27 of 1963 relates to the assessment year 1954-55 and it is sufficient for the purposes of this enquiry to state briefly the facts of that case. For that year the respondent returned a gross turnover of Rs. 90,099-10-3 and a net turnover of Rs. 70,505-6-8 claiming exemptions for the balance on the grounds which need not be set out here. The assessing authority discovered some discrepancies in the account books and therefore estimated the turnover at Rs. 1,22,456 on the 13th of July, 1956. Sometime later, on the 3rd September, 1957, there was a surprise inspection by the Special Commercial Tax Officer, who deals with tax evasions, and he seized a...
The Guntur Tobacco Market Committee Vs. Yarabothu Narasaiah
Court: Andhra Pradesh
Decided on: Jul-21-1964
Reported in: AIR1965AP266; (1967)ILLJ1AP
(1) The defendant is the appellant here. The respondent-plaintiff instituted a suit for declaration that the resolution No. 35 dated 14-3-1950 of the defendant committee is illegal and inoperative and that the plaintiff continues to be their servant and for a mandatory injunction directing the defendant to hold a fresh enquiry giving all facilities to the plaintiff. It was alleged inter alia in the plaint that the plaintiff served as an Accountant in the Guntur Tobacco Market Committee', from 7-7-1939 to 17-1-1943 and subsequently worked as superintendent till 14-3-1950. he came to know during the course of administration that the Secretary of the committee was acting illegally. he therefore complained. The Secretary was naturally embittered and started a counter-attack against the plaintiff by framing a chargesheet against the plaintiff by framing a chargesheet against the plaintiff in pursuance of an anonymous petition. the plaintiff filed explanation to these charges and was demandi...
Marrepu Venkata Ramana Murthi Vs. the Deity of Sri Rama Mandiram
Court: Andhra Pradesh
Decided on: Jul-20-1964
Reported in: AIR1966AP197
Venkatesam, J. 1. This Second Appeal is directed against the decision of the learned Subordinate Judge, Srikakulam in A. S. 150 of 1958 on his file. The relevant facts may briefly be stated.2. The plaintiff is the 'Deity of Srirama-mandiram of Gangada' in Srikaulam District re-presenfed by its trustee Ganta Vallablia Naidu. The suit was filed under the following circumstances.3. He was appointed as a trustee under the Hindu Religious and Charitable Endowments Act (hereinafter referred to as the Act) by a resolution of the Area committee dated 3-5-1954. About 50 years ago, Dalinaidu, the paternal grand-father of the defendant (Marrapu Venkata Ramamurthy), Ganta Laxminaidu and Ganta Val-labha Naidu, raised public subscriptions and constructed the suit 'Srirama Mandiram' for the worship of the villagers. They persuaded one Neti Simhachalam who was having the patta for the plaint A schedule land to relinquish it in favour of 'Srirama Mandiram'. They approached the Raja of Bobbili to grant ...
Public Prosecutor Vs. Shaik Sheriff
Court: Andhra Pradesh
Decided on: Jul-17-1964
Reported in: AIR1965AP372; 1965CriLJ585
Anantanarayana Ayyar, J . (1) In special cases Nos. 1 and 2 of 1962 , which were pending on the file of the Assistant Sessions Judge, Cuddapah (special Judge) Shaik Sheriff, who had originally been Municipal Commissioner of Proddatur, was the sole accused. The State represented by the Inspector of Police, Crime Branch, C . I. D. Hyderabad was the complainant. In each of the charge-sheets, it was mentioned that the accused had committed offences under S. 5(2) read with Section 5(1)(c) and (d) of the Prevention of Corruption Act (Central Act II of 1947 ) (hereinafter referred to as the Act). The accused filed Cr. M. P. No. 139 of 1962 praying for being discharged in S. C. No. 1 of 1962. He filed a similar petition, Crl. M.P. No. 140 of 1962, praying for being discharged in S. C. No.2 of 1962. The learned Assistant Sessions Judge (Shri P. Anjaneya Raju), after full hearing, allowed the two petitions and passed a common order dated 12-9- 1962 discharging the accused under Section 251A(2) C...
In Re: Gourisetti Narayana and ors.
Court: Andhra Pradesh
Decided on: Jul-16-1964
Reported in: AIR1965AP77; 1965CriLJ142
Anantanarayana Ayyar, J. (1) The police filed a charge-sheet against the four accused in the Court of the learned Munsif-Magistrate, Karimnagar, to the effect that on 16-5-1963, the 1st accused agreed to sell to P. W. 1 sugar at the rate of Re. 1-50 nP. per kg. and the 2nd accused weighed and delivered two Kgs. of sugar at that price whereas the controlled price was Re. 1-16 nP. per Kg. , that accused 1 and 2, therefore, committed an offence punishable under Rule 125 (2) read with Rule 125 (9) of the Defence of India Rules, 1962 and under the Sugar Control Order of 1963, and that accused 3 and 4 were punishable under the aforesaid Rules read with Rule 145 of the Defence of India Rules. Accused 1, 3 and 4 are partners of a partnership and the 2nd accused is said to be their salesman. The learned Munsif-Magistrate took the case on file as C. C. No. 122 of 1963 and proceeded with it. The four accused in that case filed Cr. Revision Case No. 741 of 1963 to quash the proceedings in that cas...
Kompalli Venkanna and anr. Vs. Chinna Narayana and ors.
Court: Andhra Pradesh
Decided on: Jul-16-1964
Reported in: AIR1965AP158
Chandra Reddy, C.J. (1) This revision petition is referred to a Bench by Justice Venkatesam as he felt that there was conflict of opinion between the Bombay and Calcutta High Courts.(2) The question we are called upon to answer is whether the property which is subjected to usufructuary mortgage can be attached in execution of a simple money decree and it arises in the following circumstances.(3) The appellant obtained a decree for I. G. Rs. 1025-2-9 in the Court of the Subordinate Judge, Raichur. After the reorganization of the States, this decree was transferred to the Court of the District Munsif, Gadwal, for execution. The decree-holder in execution attached some lands situate in Basracheru village. The respondent claiming to be a usufructuary mortgagee sought the removal of the attachment contending that property in question could not be attached. The executing Court gave effect to this argument and directed that the attachment should be lifted.(4) The aggrieved decree-holder carri...
Kantiti Narsanna and ors. Vs. Kantiti Satyavati
Court: Andhra Pradesh
Decided on: Jul-14-1964
Reported in: AIR1966AP107
Narasimham, J.1. This is an appeal under the Letters Patent against the Judgment of Kumarayya J. in A. S. 39 of 1959, by which the learned Judge decreed the plaintiffs suit for partition of items 1 to 8 of plaint A schedule lands in modification of the lower court's decree and confirmed the decree of the lower court for a partition of the entire plaint B schedule properties (house properties) and Items 1 to 7 of plaint C schedule properties (moveables).2. Defendants 1 to 3 are the present appellants, defendants 2 and 3 being the sons of the 1st defendant. The suit was brought by the widow of the 1st defendant's brother, Kanteti Satyanarayana, who died on 14-12-1947 leaving him surviving his widow the plaintiff.3. The main defences to the suit were: firstly that the plaintiff had given up her claim to a share in the family properties and elected to receive only maintenance under a family settle, ment dated 4-11-1948 and as such it is not now open to her lo claim a share: and secondly th...
Gadam Reddayya Vs. Varapula Venkataraju and anr.
Court: Andhra Pradesh
Decided on: Jul-14-1964
Reported in: AIR1965AP66
Chandra Reddy, C.J.(1) In this appeal under clause 15 of the Letters Patent, with the leave of the learned Judge, the crucial terms of the maintenance deed (Ex. A. 8) which fall to be considered are : - 'Challamma during her life time, can raise the crops and shall enjoy the fruits and she cannot contract any debts on the security of the said lands.' (2) This deed, Ex. A. 8 came into existence in the following circumstances : A widow by name Chellamma adopted the plaintiff sometime after her husband's death early in 1935. Shortly thereafter, there were some disputes between the plaintiff and the widow Chellamma, which were referred to some mediators for settlement. Ultimately, it ended in settlement evidenced by Ex. A. 8 by and under which she was given four acres of wet land and one acre of dry land to be enjoyed by her for her life and the rest of the property to be taken by the plaintiff in recognition of his rights as an adopted son. It was agreed that the cist was to be paid by ea...
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