Andhra Pradesh Court June 1965 Judgments
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Balde Pentaiah Vs. Balaganti Mallaiah
Court: Andhra Pradesh
Decided on: Jun-29-1965
Reported in: AIR1968AP228
Kumarayya, J.1. The office has raised an objection as regards the maintainability of this L.P.A. for want of leave of the Court as contemplated by Clause 15 of the Letters Patent on the ground that the order appealed against was passed in C.M. Ps. in Second Appeal and, therefore, the question whether the party has an unqualified statutory right of appeal under Section 39 of the Arbitration Act was therefore of little moment. It would appear from the facts of the case that in the course of Second Appeal 203 of 1962, the parties agreed that the subject matter of dispute may be referred to the Arbitrators. At their request this Court directed the dispute to be submitted to the Arbitrators for decision. The Arbitrator passed an award and remitted the same to the Court. The appellant herein raised objection thereto and requested the Court to set aside the award. The Court heard the arguments and finally passed an order refusing to set aside the award and directed that a decree be drawn in t...
In Re: B. Nagabhushanam
Court: Andhra Pradesh
Decided on: Jun-24-1965
Reported in: AIR1966AP72; 1966CriLJ251
Jaganmohan Reddy, J.1. In this writ petition the question that has been urged is whether having regard to Proviso (a) to Clause (2) of Article 311 of the Constitution the words 'has led to his conviction and criminal charge' would mean that a charge should actually have been framed before he is convicted. The petitioner is a Lower Division Clerk in the Central Excise Department and was accused under Section 70(c) of me Hyderabad Police Act of accosting a young girl, a student of P. U. C. in the Nizam College on the Prabhat Talkies Road in the following manner 'Hallo Madam, Hallo Madam, will you come?' and started teasing her (ched chad Kiya) in Telugu language causing a breach of peace. To this accusation or charge he pleaded guilty. The IV City Magistrate accepted the plea of guilt entered by the petitioner and sentenced him to a fine of Rs. 10 in default simple imprisonment for two days. After this conviction the Collector, Central Excise has dismissed him by his order dated 26-5-196...
Public Prosecutor Vs. Y. Pulla Reddy
Court: Andhra Pradesh
Decided on: Jun-24-1965
Reported in: AIR1966AP302; 1966CriLJ1122
Anantanarayana Ayyar, J.1. In C.C. No. 115 of 1963 on the file of the learned Judicial First Class Magistrate, Kurnool the Food Inspector (Municipal Health Officer), Kurnool filed a complaint against the sole accused to the effect that the latter committed an offence under Section 16(1) and Section 7 read with Section 2(vi) (a) and (b) and Rule 44 (b) of the Prevention of Food Adulteration Act and Rules, 1934. The accused denied the offence. The learned Magistrate, after full trial, acquitted the accused. The learned Public Prosecutor filed this appeal against the order of acquittal. 2. The complaint runs as follows: 'On 24-11-1962, the accused was found selling mixture of cow's and buffalo's milk to the Bus stand hotel. A sample of cow's and buffalo's milk was taken from him. It was divided into three parts as per rules, sealed and marked as Sample No. 248 and delivered one of the sealed bottle bearing No. 248 to the accused and sent another bottle to the Public Analyst who certified ...
District Collector, Hyderabad Vs. Ibrahim and
Court: Andhra Pradesh
Decided on: Jun-23-1965
Reported in: AIR1966AP310
1. These appeals arise out of a common order passed by our learned brother Gopalakrishna Nair, J. whereby he struck down on certiorari G. O. No. 2976, dated 30-12-1964 us bad in law and issued a writ of Mandamus in favour of all the Writ Petitioners directing the respondents, i.e., The District Collector, Hyderabad, the State of Andhra Pradesh and the Commissioner of Civil Supplies to forbear from acting under the authority or in pursuance of the said G. O. and refrain from interfering with the carrying on of the wholesale business insugar by the petitioners' firm under their licences.2. The facts leading to these proceedings may be shortly stated. The petitioners who are 25 in number have been dealing from a long time in sugar along with other articles in the twin cities of Hyderabad and Secunderabad. In or about the year 1963 conditions of scarcity of the commodity in the markets all over made themselves felt. The Government of India, apprehending some serious situation wherein the p...
C. Umamaheswara Rao and anr. Vs. Sri Hanumandeswara Devasthanam Repres ...
Court: Andhra Pradesh
Decided on: Jun-21-1965
Reported in: AIR1966AP33; 1966CriLJ123
ORDERAnantanarayana Ayyar, J.1. The Executive Officer of Sri Hanumandeswara Devasthanam situate at Koyyetipadu filed M. P. No. 14 of 1963 in the Court of the learned Additional District Munsif- Magistrate, Tanuku, citing eight respondents and praying for delivery of possession of various items of properties mentioned in the schedule in accordance with it certificate issued by the Deputy Commissioner of Endowments, Ex. P. 1. The schedule of properties in M. P. No. 14 of 1963 agreed with the schedule of properties given ill Ex. P. 1 the first respondent who is a hereditary trustee of the temple filed a counter contesting the petition. So did the 2nd respondent who is the archaka of the temple. The other respondents remained ex parte.1a. The petitioner filed M. P. No. 59 of 1963 praying for an amendment of the schedule to his petition by showing against items Nos.4, 8, 9 and 11 new patta numbers and survey numbers. His contention was that the patta numbers and survey numbers given in the ...
S. Joseph and ors. Vs. Panyam Cements and Mineral Industries Ltd., Kur ...
Court: Andhra Pradesh
Decided on: Jun-21-1965
Reported in: AIR1966AP147; (1967)ILLJ10AP
Kumarayya, J.1. This appeal is directed against the order of Gopalakrishnan Nair J. granting a writ of prohibition restraining the Labour Court Guntur from taking proceedings for adjudication of the industrial dispute in pursuance of a reference under Section 10(1)(c) of the Industrial Disputes Act (hereinafter referred to as the Act) made by the Government under Notification dated 16th July, 1962.2. The facts leading to this proceeding may be shortly stated. The petitioner, Panyam Cements and Mineral Industries Ltd., Kurnool, is a public limited cement factory and hence a public utility service under the first schedule to the Act. On 17-4-1962 a worker employed as a driller in the said factory manhandled the Mines Manager. As a result the management suspended the said worker.3. The reaction to this was immediate. 190 quarry workers at once struck work. They marched to the factory with a view to persuade the other factory workers also to join the strike. As they gave no notice of the s...
G. Ranga Reddi and ors. Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jun-18-1965
Reported in: AIR1967AP14
Kumarayya, J. (1) This Appeal is from the order of Gopal Rao Ekbote J in Writ Petition NO. 494 of 1961 whereby he refused to remove on Certiorari the order of the Government of Andhra Pradesh in G. O. Ms. No. 765. Home (Transport 11) Department dated 18-4-1961 reversing the order of the State Transport Authority dated 1-8-1960 and restoring the order of the Regional Transport Authority dated 28-8-1959, granting one state carriage permit on the route Ellampeta to Cuddapah to one Khassim Saheb, respondent No. 4 herein. The facts are few and may be shortly dated. In response to a notification issued by the Regional Transport Authority, Cuddapah calling for applications for grant of one stage carriage permit on the route Ellampeta to Cuddapah, 12 persons including the appellant, submitted their applications. The appellant was the 7th applicant Regional Transport Authority consisting of 1. Sri P. L. Sivaram, I. A. S., Collector and Chairman, R. T. A., Cuddapah 2 Sri P. N. Rama. chandrareddi...
Pachava Venkata Ramanayya Vs. Pachipulusu Singayya and ors.
Court: Andhra Pradesh
Decided on: Jun-18-1965
Reported in: AIR1967AP78
(1) The appeal and the cross objections pertain to the judgment of the Subordinate Judge, Kavali, in O. S. 24 of 1958. That was a suit filed on 30-6-1958 for the recovery of mesne profits of land purchased in Court auction, an extent of ac. 7-50 cents in S. No. 215/7 of Vaviletipadu village for Faslis 1362 to 1367.(2) The undisputed facts were that the plaintiff was the court auction purchaser in execution of the decree in O. S. No. 122 of 1947 on the file of the Sub-Court, Nellore, against defendants 3 and 4 and their late father Sreeramulu, Sreeramulu having died his L. Rs., viz., his widow and his married daughter are impleaded in this suit as defendants 1 and 2. The Court sale was on 15-12-1952 and the plaintiff became the purchaser of the land of the judgment-debtors for Rs. 6,000. The judgment-debtors applied to set aside the sale under O. 21, R. 90, C. P. C. The said petition was dismissed by the Sub-Court, Nellore, on 18-1-1954. Consequently, the Sub-Court confirmed the sale on...
Chaluvadi Balaiah Vs. Central Government and the Union of India and or ...
Court: Andhra Pradesh
Decided on: Jun-17-1965
Reported in: AIR1967AP51
Chandrasekhara Sastry, J.(1) A.S. No. 188/59: This appeal arises out of O.S. No. 19/57 on the file of the Subordinate Judge's Court, Nellore, which was filed by the Union of India, represented by the 1st Additional Income-Tax Officer, Nellore against four defendants for a declaration that the equitable mortgage dated 1-4-1953 executed by defendants 1 to 3 in favour of the 4th defendant in respect of the properties described in the schedule attached to the plaint, is a sham, nominal and void transaction and that the decree obtained thereon in O.S. No. 316 of 1953 is a fraudulent and collusive decree and that the further proceedings in execution of the decree cannot affect the priority of the plaintiff in respect of the income-tax arrears of Rs. 55,298-15-0 for the assessment year 1951-52, the assesses being defendants 1 to 3. The 1st defendant is the father and defendants 2 to 4 are his sons. The plaintiff's case, as disclosed in the plaint, is shortly as follows. The 4th defendant, who...
R. Suryanarayanarao (Died) by R. Bala Tripura Sunderamma and ors. Vs. ...
Court: Andhra Pradesh
Decided on: Jun-17-1965
Reported in: AIR1966AP269
Narasimham, J. 1. This is an appeal against a direction in the final decree in a suit for administration, O.S. No. 17 of 1939, that an extent of ac. 9-97 cents belonging to the testator, Rupakula Venkatappaiah, shall be delivered to the trustees of Kanakadurga temple, Vijayawada.2. The facts relevant for purposes of this appeal are these: One Rupakula Venkatappaiah executed a will in respect of his properties on 17-4-1939 and died the next day. Under the will he gave many legacies and made his son, Rupakula Suryanarayana, a residuary legatee. He appointed his son and two others Apparao and Mohana Rao, sons of one Balabhadrapat-runi Venkatappaiah as his executors. One of the bequests he made, which is relevant for purposes of this appeal was as follows:'The income derived from the lands belonging to me viz., Rupakulavari Chenu bearing No. 337 measuring acres 5-43 cents, Mella Chervnvari Chenu bearing D. No. 599/1 measuring acres 3-40 cents, Paruchurvari chenn hearing D. No. 495/4 measur...
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