Andhra Pradesh Court October 1965 Judgments
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Chalasani Subbarayudu Vs. Kalagara Venkata Subbarao and ors.
Court: Andhra Pradesh
Decided on: Oct-29-1965
Reported in: AIR1966AP343
Gopal Rao Ekbote, J.1. The short question involved in this case is whether the lower appellate Court was justified in setting aside the decree passed in favour of the plaintiff against defendants 8 to 12 by the trial Court particularly when no appeal was filed by defendants 8 to 12, in an appeal preferred by the 1st defendant against the plaintiff confining the scope of the appear to that of scaling down of the amount decreed against him by the trial Court. The necessary facts are that the plaintiff instituted a suit for the recovery of Rs. 5,000 on the foot of a promissory note dated 18-7-1955 alleging inter alia that the 1st defendant executed the promissory note in favour of the 8th defendant. The 8th defendant transferred the promissory note on 16-3-1958 to the plaintiff. He impleaded defendants 2 to 7 who are the sons of the 1st defendant on the ground that they are also liable as the loan was obtained for the benefit of the joint family. Defendants 9 to 12 were impleaded on the g...
Ahmed MohiuddIn Vs. G. Malla Reedy
Court: Andhra Pradesh
Decided on: Oct-25-1965
Reported in: AIR1967AP26
Ananthanarayana Ayyar, J.(1) In the election to Lok Sabha from the secunderabad Parliamentary constituency in the General Election held in 1962, seven persons filled their nominations before the returning Officer namely the Collector of Hyderabad District. Among those were Shri Konda Satyanaravana Mohiuddin. At the time of scrutiny of file nomination papers, Konda Satyanarayana Reddy raise an objection that G malla Reddy had entered into a contract with the Government appropriate Government on 1-8-1957 that the contract was really a tripartile agreement between the Government of Andhra Pradesh and the Government of India and Shri G Malla Reddy and that the contrat was subsisting with the result that Shri G Malla Reddy incurred a disqualification under Section 7(d) of the Representation of the People Act (Central Act 43 of 1951) Malla Reddy opposed the objection. The Returning officer heard the learned counsel on both sides and passed an order dated 23-1-1962 holding as follows:'..........
Nagam Siva Reddy Vs. B. NazamuddIn Saheb
Court: Andhra Pradesh
Decided on: Oct-22-1965
Reported in: AIR1966AP373
Gopalakrishnan Nair, J. 1. This Second appeal is directed against the judgment of the Additional District Judge, Kurnool who on appeal, confirmed thedecree-passed by the District Munsif, Kurnool in O. S. No. 163 of 1957. The salient facts leading up to the Second appeal are succinctly as follows : The suit land and some other lands belonged to one Khaja Saheb. He died leaving behind 8 sons 2 daughters and his widow. One of the sons who survived him was Hamid Miyah. The appellant before me, who was the defendant in the trial Court, instituted a suit, O. S. No. 266 of 1954, on the file of the District Munsif, Kurnool, for recovery of a loan which had been advanced to the said Hamid Miyah. At the time the suit was instituted, Hamid Miyah who borrowed the money from the appellant herein, was dead and therefore, the legal heirs of Hamid Miyah were sued for the amount which was due to the appellant from Hamid Miyah. A decree was duly obtained by the appellant. In execution, he attached and b...
State of Andhra Pradesh Vs. Pinisetti Ankanna
Court: Andhra Pradesh
Decided on: Oct-21-1965
Reported in: AIR1967AP41
(1) I think this second appeal has to be decided in favour of the appellant who is the State of Andhra Pradesh, on following the principles so clearly laid down by a Constitutional Bench of the Supreme Court in a very recent decision reported in Kasturi Lal v. State of U. P., : (1966)IILLJ583SC . In the suit leading to the Second Appeal the main grievance of the plaintiff was that a bullockcart belonging to him was distrained by the local Revenue Officers for realising the land revenue of Rs. 70 due from another person, namely, P. W. 7. The cart was found on a bund which lay between the thrashing floors of the plaintiff and P. W. 7. The officers in spite of the protests of the plaintiff and some others seized the cart and took it away. I do not wish to go into the details of it. I shall proceed on the basis that the distraint of plaintiff's cart for recovering the revenue due to the State from P. W. 7 was high-handed and even malicious on the part of the Revenue Officers. Indeed, both ...
The Sub-collector, Ongole Vs. Yerra Anumanchamma
Court: Andhra Pradesh
Decided on: Oct-18-1965
Reported in: AIR1967AP230
(1) This is an appeal against the judgment of the Subordinate Judge of Bapatla in O. P. No. 50 of 1958. The Sub-Collector, Ongole is the appellant.(2) O. P. No. 50 of 1958 arose on a reference by the Land Acquisition Officer under section, 18 of the Land Acquisition Act (I of 1894), hereinafter to be referred to as 'the Act', in respect of an extent of ac. 1-85 cents of wet land bearing Survey No. 24/2 of Kankatapalam village. The said land was acquired for the purpose of digging channels to provide irrigation facilities in Kankatapalam village. The notification in respect thereof was made under Section 4(1) of the Act on 14-2-1957. The subject-matter of the acquisition is agricultural land. 89 links wide and about 25 chains long.(3) The Sub Collector, Ongole, who gave the award (No. 5 of 1958), Exhibit A-2, granted compensation, determining the market value at Rs. 1,600 per acre. He awarded 15 per cent solatium and interest, in all aggregating to Rs. 3704-68 nP. The owner sought a ref...
Radhakrishnamurthy Vs. Chandrasekhara Rao
Court: Andhra Pradesh
Decided on: Oct-18-1965
Reported in: AIR1966AP334
ORDERGopal Rao Ekbote, J.1. This is a revision petition directed against the judgment and decree of the subordinate Judge, Vijayawada, given on 13-2-1963. The material facts in order to appreciate the contention raised before me may briefly be stated 2. The defendant borrowed a sum of Rs. 500 from one Pelluri Veera Raghavayya for agricultural purposes and executed a promissory note on 19-12-1959 at Guntur. The said payee transferred the suit promissory note to one Chittarvu Venkata Sharma for collection on 29-12-1959, As the said transferee could not succeed in collecting the debt, he re-transferred the promissory note in favour of the original payee: on 17-1-1961.3. The original payee again transferred the suit promissory note for collection in favour of one Ramaraju Seetharamaiah, who in turn transferred the same in favour of the plaintiff at Vijayawada on 29-10-1961.4. The plaintiff on the foot of this transfer instituted the present suit against the defendant in the subordinate Jud...
Madarametla Sitaramaiah Vs. Government of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Oct-15-1965
Reported in: AIR1967AP66
Anantanarayana Ayyar, J.(1) The petitioner, M. Sitaramiah, filed this petition under Art. 226 of the Constitution praying for issue of directions, orders or a writ in the nature of Habeas Corpus or any other appropriate writ for his release.(2) On 28-12-1964, the Government of Andhra Pradesh passed G. O. Ms. Nos. 1645 and 1646 General Administration (SCD) Department as follows:-'........................................................ Now, therefore, in exercise of the powers conferred by sub-r, 1 of R. 30 of the Defence of India Act 1962, the Government of Andhra Pradesh hereby directs that M. Sitaramiah be detained in the Central Jail, Rajahmundry'.Subsequently, the Government passed G. O. Ms. No. 1220 dated 15-6-1965 as follows:-'........................................................Now, therefore, in exercise of the powers conferred by sub-rule 9 of Rule 30-B of the Defence of India Act and Rules 1962 the Government of Andhra Pradesh hereby decides that the said detention order s...
Challa Kistaiah Vs. the State of Andhra Pradesh and 2 ors.
Court: Andhra Pradesh
Decided on: Oct-15-1965
Reported in: [1967]20STC73(AP)
ORDERBasi Reddy, J.1. This is a petition filed by one Challa Kistaiah under Section 491 of the Criminal Procedure Code and Article 226 of the Constitution, challenging the legality and propriety of his arrest and imprisonment in pursuance of a warrant issued on 3rd September, 1965, by the District Collector of Mahabubnagar under Section 48 of the Andhra Pradesh Revenue Recovery Act (Madras Act 2 of 1864) which will be referred to as 'the Act', and seeking a writ or direction in the nature of habeas corpus for his release. The circumstances which led to the arrest of the petitioner, as stated in the counter-affidavit filed by the District Collector of Mahabubnagar, are the following :-The petitioner, Challa Kistaiah, was a registered dealer, under the Andhra Pradesh General Sales Tax Act (hereinafter called the 'Sales Tax Act') and was carrying on business in kirana and food-grains at Kosgi village under the name and style of Messrs Challa Ramaiah. On the basis of the returns submitted ...
Madarametla Sitaramaiah Vs. Government of Andhra Pradesh Represented b ...
Court: Andhra Pradesh
Decided on: Oct-15-1965
Reported in: 1967CriLJ314
Anantanarayana Ayyar, J.1. The petitioner, M. Sitaramiah, filed this petition under Article 226 of the Constitution praying for issue of directions, orders or a writ in the nature of Habeas Corpus or any other appropriate writ for his release.2. On 28-12-1964, the Government of Andhra Pradesh passed C. O. Ms. Nos. 1645 and 1646 General Administration (SCD) Department as follows:.Now, therefore, in exercise of the powers conferred by Sub-rule 1 of Rule 30 of the Defence of India Act 1962, the Government of Andhra Pradesh hereby directs that M. Sitaramiah be detained in the Central Jail, Rajahmundry'. 'Subsequently, the Government passed G.O.Ms. No. 1220, dated 15-6-1965 as follows:.Now, therefore, in exercise of the powers conferred by Sub-rule 9 of Rule 30-B of the Defence of India Act and Rules 1962 the Government of Andhra Pradesh hereby decides that the said detention order shall be continued.3. On 2-7-1965, the petitioner was arrested. At that time, a copy of G. O. Ms. No. 1220, da...
Nallamotu Sivarambrahman and ors. Vs. Vanipurapu Satyanaravana and anr ...
Court: Andhra Pradesh
Decided on: Oct-14-1965
Reported in: AIR1967AP181
(1) This is an appeal against the judgment of the Subordinate Judge, Tenali in O.S. No. 21 of 1959, dismissing the suit. The plaintiffs are the appellants. The suit was filed under Section 92, C.P.C. seeking reliefs in respect of an alleged charitable trust endowed for the benefit of all the villagers of Davulur, Thumulur and Kollipara villages. The subject-matter of the alleged charitable trust was a tank in the village Davulur bearing Demarcation No. 432/1, an extent of Ac. 3-93 cents. The 1st plaintiff is of Davulur; and 2nd plaintiff is of Thumulur, the 3rd plaintiff is also of Davulur; and the 4th plaintiff is Kollipara.(2) The plaintiffs alleged that they were interested in the tank as it was a charitable trust endowed for the benefit of all the villagers of Davulur, Thumulur and Kollipara villages. The tank was dedicated for the benefit of the villagers of the said villages. It was endowed to the public about sixty years ago. On account of the 1st defendant's mismanagement for o...
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