Andhra Pradesh Court August 1964 Judgments
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Gudur Krishna Reddy Vs. Union of India and anr.
Court: Andhra Pradesh
Decided on: Aug-12-1964
Reported in: AIR1965AP263
(1) The plaintiff who is the appellant here, instituted a suit for compensation for non-delivery of 154 baskets of betel leaves which he had consigned from Nellore a few to be delivered at Manmad and others at Nagpur. It is alleged inter alia that items 1 to 9 consisted of 277 baskets out of which 201 baskets were delivered to the consignee at the destination but 76 baskets were not delivered at all. Similarly items 10 to 13 which consisted of 78 baskets were sought to be delivered to the consignee in a damaged condition but he refused to receive. In normal course these baskets ought to have been delivered within three days from the date of the consignment but attempt was made to deliver after the lapse of six days, which had resulted in perishing of the betel leaves. On this basis the plaintiff claimed damages in all for 154 baskets at a certain rate.(2) One of the defences was that the consignor has no locus standi to institute the suit. It was also pleaded that as the consignment wa...
Revana Chakradhara Lakshmi Vs. Revana K. Durvasulu
Court: Andhra Pradesh
Decided on: Aug-12-1964
Reported in: AIR1966AP73
Chandra Reddy, C.J.1. This is an appeal against the order of the Subordinate Judge, Nellore, accepting a petition of the husband under Section 9 of the Hindu Marriage Act.2. The material facts of the case lie in a short compass and may be stated as follows:The parties were married more than twenty years back and had four children at the relevant time. The respondent who was in military service, was discharged in the year 1947. In the same year he enlisted himself as a Jamedar in the Special Armed Police and served in that capacity in several places. In 1957, when the respondent was at Kurnool, appellant left for Nellore for reasons which need not be set out here. Whatever might be the cause for her departure from Kurnool, she did not rejoin her husband subsequently. Sometime later the respondent appears to have been posted to Jammu and Kashmir. While he was there, a petition was filed by the appellant under Section 488 of the Criminal Procedure Code for maintenance for herself and her ...
Edamma Vs. Hussainappa
Court: Andhra Pradesh
Decided on: Aug-12-1964
Reported in: AIR1965AP455; 1965CriLJ712
ORDER(1) This revision arises out of the reference made by the Sessions Judge, Mahboobnagar, dated 13th September 1963 made in Crl. Revision Petition No. 15 of 1963 for setting aside the order of the learned Magistrate of Alampur in M. C. 5/63 on his file. That was a petition by wife under S. 488, Cr. P. C. for maintenance of herself and her minor son aged about 4 years with the allegation that the husband had ill-treated her and was refusing to maintain her and her child. It was stated by the wife that marriage had taken place about 15 years prior to the application and that she had been living with the husband all these years, but later he had driven her away and had not been maintaining her. with the result that she had taken shelter with her parents at Budhipad. The plea of the husband was that though there was a marriage, it was never consummated and the petitioner had ceased to be his wife as there was a divorce between them effected by the elders of the village. He also attribut...
N. Pochiah and Co. Vs. Mulle Nagabhushanam
Court: Andhra Pradesh
Decided on: Aug-11-1964
Reported in: AIR1966AP99; (1966)IILLJ846AP
Venkatesam, J.1.These two civil miscellaneous appeals are against a common order dated 28-12-1961 of the Commissioner for Workmen's Compensation, Andhra Pradesh Hyderabad in W. C. Cases Nos. 305/60 and 110/61.2. The short facts necessary for disposal of these appeals may be stated:--The petitioner, Mulls Nagabhushanam (hereinafter called the workman) made a claim for compensation under the Workmen's Compensation Act, 1923 (hereinafter called the Act) against N. Pochaiah and N. Lakshminarayana. In the first petition, he claimed compensation for the loss of the index finger of the right hand as a result of an accident, which took place in June 1957. In the second petition, he claimed compensation for the loss of the left arm below the elbow on 9th June, 1958 as a result of another accident, both the accidents having arisen out of and in the course of the employment with the respondents therein. Both the petitions were filed on 16-12-1960. Under Section 10(1) of the Act, an application cl...
Chethandosji Varu (Died) Digyadassan Rajendra Ramadasjee Varu Vs. the ...
Court: Andhra Pradesh
Decided on: Aug-11-1964
Reported in: AIR1965AP334
Chandra Reddy, C.J.(1) This appeal is directed against the judgment of the Subordinate Judge, Chittoor, dismissing a petition under O. XX1, Rule 90 of the Code of Civil Procedure.(2) The history of this litigation covers a long period but it is not necessary to trace it to its origin. It is sufficient to refer to its immediate past. The 1st respondent, Tirumalai-Tirupathi Devasthanams represented by its Board of Trustees, filed two suits O. S. Nos. 51 and 52 of 1937, for possession of properties which were under the management of the Mahant of the Hathiramji Mutt, of which the appellant is the present Mahant, and for mesne profits. The suits were decreed as prayed for. Possession of the properties was immediately taken. The enquiry into mesne profits was subsequently held and ultimately a decree for Rs. 2,15,285-1-6 was passed towards mesne profits in both the suits on 31st March 1951. Complaining against the quantum of the mesne profits, appeals Nos. 745 and 746 of 1952 was carried to...
Katragadda China Anjaneyulu and anr. Vs. Kattragadda China Ramayya and ...
Court: Andhra Pradesh
Decided on: Aug-10-1964
Reported in: AIR1965AP177; 1965(1)AnWR159
Chandra Reddy, C.J.(1) The decision of this appeal mainly turns on the interpretation of the document marked as Ex. A. 1 in the case and the consequences that flow from it. (2) The facts which are not in dispute and which have a material bearing on this enquiry may be shortly narrated. One Katragadda Chinna Ramiah, who figures as the first defendant in this litigation, his son, Nageswara Rao and the latter's only son, Pedda Anjaneyulu constituted at the relevant time an undivided Hindu family governed by the Mitakshara school of Law. Negeswara Rao was an improvident person incurring debts indiscriminately and in respect of which his creditors were pressing him. To avoid involving himself in greater difficulties on his account, he executed a document religuishing his interest in the joint family properties in favour of his father and son. It is convenient to read here the operative portion of the document. It recites :'I have for the benefit of you the members of our joint family and th...
Dasari Satyanarayana, Being Minor Represented by Guardian A. Venkatara ...
Court: Andhra Pradesh
Decided on: Aug-07-1964
Reported in: AIR1966AP209
Narasimham, J.1. The appeal arises out of O. S. 32 of 1957 filed in the Court of the Subordinate Judge, Rajahmundry for dissolution and rendition of accounts of a partnership in motor transport run under the name and style of Sri Venkateswara Motor Transport, Rajahmundry or alternatively for recovery of the share capital advanced by the plaintiff.2. The suit failed for accounts on the finding of the learned Subordinate Judge that the partnership was illegal and void ab initio as contravening the provisions of Section 59(1) of the Madras Motor Vehicles Act. But, the learned Subordinate Judge granted the relief prayed for in the alternative by decreeing the suit For Rs. 40,000 with subsequent interest thereon at 5 1/2 per cent per annum from 29-9-1958 till date of payment.3. The appeal has been preferred by the 9th defendant, who is the legal representative of the 1st defendant, against the said judgment and decree. The dismissal of the main relief of dissolution of partnership and accou...
State of Andhra Pradesh Vs. Govinda Raja Rice Mill Contractors Co., Ch ...
Court: Andhra Pradesh
Decided on: Aug-06-1964
Reported in: AIR1965AP398
(1) C. M. As. 48 and 72 of 1962 are appeal and a cross appeal. Both of them arise out of a common order of the learned Subordinate Judge, Eluru in E. A. 287 of 1961 in O. S. 28 of 1951. The facts necessary for a proper appreciation of the contentions of the parties will now be stated.(2) These two C. M. As. 48 and 72 of 1962 arise out of E. A. 287 of 1961 in O. S. 28 of 1951, while C. M. As. 93 and 104 of 1962 arise out of E. A. 219 of 1961 in O. S. 13 of 1952 on the file of the Subordinate Judge's Court, Eluru. These suits viz., O. S. 28 of 1951 were two of the batch of suits files against the Government by the rice millers in the Districts of East and West Godavari and Krishna who were authorised to procure paddy and rice from the producers and to sell them in the market at the price fixed by the Government . The difference between the price at which they were purchased and the price at which they were directed to be sold was asked to be made over to the Government. Several millers m...
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