Andhra Pradesh Court August 1965 Judgments
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Khan Bahadur C.B. Taraporwala and anr. Vs. Kazim Ali Pasha and ors.
Court: Andhra Pradesh
Decided on: Aug-27-1965
Reported in: AIR1966AP361
ORDERKrishna Rao, J.1. This is a batch of 21 applications made under Order I Rule 10, Order XXII Rule 10 and Section 151, C. P. C. by the same two petitioners for adding them as parties in C. S. No. 14 of 1958 on the ground that they have purchased the right, title and interest in the suit properties from the particular defendant mentioned in each application. The defendants concerned as the vendors arc defendants Nos. 35, 50, 91, 21, 100, 10, 92, 13, 24, 12, 25, 9, 40, 132, 131, 26, 14, 29, 3, 2 and 4 respectively C. S. No. 14 of 1958 is a suit brought by Dildar-Un-Nissu Begum for partition of the maleruka properties left by Nawab Kurshid Jah who died in 1302 The defendants arc her co-heirs and their legal representatives and alienees pendente lite except defendant No 43, the Jagir Administrator and defendants Nos 53 and 55, the States of Andhra Pradesh and of Mysore respectively. Defendant No 38, who was one of the co-heirs, was transposed as plaintiff No. 2 on 4-10-1958. Most of the...
Moturu Hanumantha Rao Vs. Government of Andhra Pradesh, Represented by ...
Court: Andhra Pradesh
Decided on: Aug-26-1965
Reported in: AIR1966AP229; 1966CriLJ871
Anantanaratana Attar, J.1. The petitioner is Shri Moturi Hanumantha Rao. The Government of Andhra Pradesh passed G. O. Ms. No 1401, dated 28-12-1964 as follows:'Whereas the Government of Andhra Pradesh are satisfied with respect to the person known as Sree Mottiri Hanumantha Rao, son of Lakshmi narayana, that with a view to preventing him from acting in any manner prejudicial to the defence of India and civil defence and the efficient conduct of military operations, it is necessary to make the following order:- Now, therefore, in exercise of the powers conferred by Sub-rule (1) of R. 30 of the Defence of India Rules. 1962 the Governor of Andhra Pradesh hereby directs that the said Moturi Hanumantha Rao he detained.' On the same date, the Government also passed G. O. Ms. No. 1402 in which they stated as follows:-' ......................................... He shall be placed in the 'special class'. He shall also be subject, as far as may be, to the conditions laid down in the Andhra Secu...
Achanta Subbaraju Vs. Cherukuri Suryanarayana Murthy and ors.
Court: Andhra Pradesh
Decided on: Aug-20-1965
Reported in: AIR1967AP11
ORDER(1) These seventeen revision petitions arise out of a common judgment given by the District Munsif, Razole on 30th January, 1962 whereby he dismissed seventeen suits filed by the plaintiff on the foot of promissory notes as holder in due course. The essential facts in order to appreciate the contentions raised before me may briefly be stated:Sri Anantha Lakshmi Commercial Syndicate (hereinafter called the Syndicate) is a registered firm under the Indian Partnership Act. It was constituted solely for the purpose of running a chit fund business. There are two partners of the said firm. one S. Trimurty and the other Bapanayya. It was alleged that on 8-11-58 the firm was dissolved. Bapanayya left the firm entrusting the whole business to S. Trimurty. On that date he endorsed the suit promissory notes in favour of S. Trimurty S. Trimurty thereafter endorsed all those promissory notes in favour of the plaintiff. The plaintiff therefore, styling himself as holder in due course instituted...
Chegondi Venkataramadas Vs. Bonam Latchanna and ors.
Court: Andhra Pradesh
Decided on: Aug-18-1965
Reported in: AIR1966AP277
Jaganmohan Reddy, J.1. This appeal is against a judgment of the Subordinate Judge of Narasapur decreeing the suit of the plaintiffs and awarding them damages of Rs. 8,900, and, after giving credit for Rs. 3,613 towards the sale of tobacco and chillies, passing a decree for Rs. 5,287.2. The suit arose, in the following circumstances. It appears that the plaintiffs-respondents who are brothers were the tenants of one Chituuri Ramanna who had taken on lease Puligeda Lanka and Nadimi Lanka from the appellant-2nd defendant, who was the Head Village Munsif of Doddipalla village. The respondents alleged that they had raised tobacco and chillies under the lease commencing from 26-8-1951 and gathered and stored the crops in the sheds in Puligedda lanka for curing the tobacco, under licence No. 154/52, dated 30-1-1952, which was granted to the 1st respondent by the Excise Department. In this case, whatever may be the allegations in the plaint and the averments in the written statement and the is...
P. Veeresham Vs. Uttamchand Bhandari
Court: Andhra Pradesh
Decided on: Aug-13-1965
Reported in: AIR1967AP129a
ORDER(1) This revision is directed against the order of the Chief Judge, Small Causes Court, Hyderabad dated 5th March 1962 and made in Rent Appeal No. 11/3 of 1961, whereby the order of the Rent Controller directing the eviction of the tenant has been set aside.(2) The petitioner landlord instituted proceedings before the Rent Controller, claiming that the tenant who had acquired premises No. 7475, situated at Khanduji Bazaar, Secunderabad at the rate of Rs. 25 per month had failed to pay rents for a period of three months viz., August, September and October 1958 as also a sum of Rs. 9 being the difference of accounts in payment of rents and electricity charges. This was resisted by the tenant alleging that there were earlier proceedings pending before the Rent Controller and that a petition for fixation of fair rent was also on his file. Therefore, the amount was to be paid after the first petition was dismissed and fixation of fair rent ordered. It was also conceded by him that ther...
State of Hyderabad and anr. Vs. Mohammed Afzal and ors.
Court: Andhra Pradesh
Decided on: Aug-12-1965
Reported in: AIR1968AP47
Jagan Mohan Reddy, J.1. Mr. Jalil Ahmed for the respondent in this appeal,raised a preliminary objection as to the maintainability of this appeal on the ground that since two of the respondents, namely, respondents 5 and 6, died and the appeal has abated against them, the whole of the appeal will abate against all the other respondents.2. In order to understand the significance of this objection, it is necessary to state a few facts. The respondents are the owners of two survey numbers, 34/1 and 34/2, which are makthas or crown grants, known by the names of Mohd. Fiyazi, and Modlam respectively situated in Boinapalli village. In 1924, the then Nizam's Government requisitioned the property on behalf of the Indian Army for building a new range for Musketery Practice. The Makiedars made several representations for several years, and ultimately the Government decided to acquire the same under the Hyderabad Land Acquisition Act, in or about 1351 F (1941-42 A. D.). This decision was implemen...
Aluru Srinivasulu Vs. T.P. Somiah Chetty and anr.
Court: Andhra Pradesh
Decided on: Aug-12-1965
Reported in: 1967CriLJ1227
ORDERBasi Reddy, J.1. The accused, who is the petitioner herein, was convicted by the trial Court of the offence of mischief punishable under Section 426, Indian Penal Code and sentenced to pay a fine of Rs. 200/. or in default to suffer simple imprisonment for two weeks, and out of the fine, a sum of Rs. 100/. was directed to be paid to the complainant (who is the 1st respondent here) as compensation. On appeal by the accused, his conviction and sentence were confirmed by the Additional Sessions Judge, Kurnool.2. The facts concurrently found by both the Courts below are the following : The complainant is the owner of house No. 129 in ward No. 14 in Adoni Municipality, having purchased it under EX. p. 1, a sale deed dated 21-12-1953, from one Balaiah. Immediately to the south of this house, lies the house of the accused. The sullage water from the house of the complainant Sows through an underground drain which runs underneath the house of the accused and which has been in existence fr...
Duddhela Subbamma (Died) and ors. Vs. D.S. Krishna Murty and anr.
Court: Andhra Pradesh
Decided on: Aug-10-1965
Reported in: AIR1967AP8
Kumarayya, J.(1) This appeal under C1. 15 of the Letters Patent is against the judgment and decree of Justice Seshachelapati in S. A. No. 270 of 1959. The short point involved relates to the binding effect of Ex A-1 dated 19-6-1921 on defendant No. 1, Subbamma, who acted upon it and got benefit thereunder not only in her personal capacity but also as guardian of Nagarathnamma, her minor daughter.(2) A brief statement of facts is necessary to fully appreciate the point raised. The following is the genealogical table which gives the exact relationship of the plaintiff and the defendants. Ammayamma -- Narayanappa -- Munemma 1st wife -- -- 2nd wife Mangamma (daughter of 1st wife) Ankayya -- Subbamma (D-1) Nagarathnamma Jayamma Munilakshmamma (D-2)-(D-3) Gangulu P-1 and P-2.The suit property comprising a house situate in Tirupathi originally belonged to one Narayanaiia. He had two wives, Ammayamma and Munemma, and a daughter Mangamma by his first wife. Ammayamma pre-deceased Mangamma. The 1...
Bandi Kotayya Vs. State (S.H.O. Nandigama) and ors.
Court: Andhra Pradesh
Decided on: Aug-10-1965
Reported in: AIR1966AP377; 1966CriLJ1377
Basi Reddy, J.1. In this Criminal Revision case, which has been referred to a Division Bench by our learned brother Jaganmohan Reddy. J. as ' if involves a question of law which is of general application', the question that falls for determination is whether in n preliminary Register case, that is to say, in a case triable exclusively by a Court of Session, the police can first file what is called a 'preliminary charge sheet' before a Magistrate, who is to hold an inquiry under Section 207A, Cr. P. C., then continue the investigation and eventually file a 'final charge-sheet', deleting the names of some of the persons who had been included in the list of accused in the preliminary charge-sheet: and when such a final charge-sheet is filed, whether the Magistrate can accept it as a police report under Section 173(1). Criminal Procedure Code and proceed with the preliminary inquiry only against the persons named in the final charge-sheel. In other words, In such a case, does not Magistrat...
Dwijendra Chandra Chowdhury Vs. Commissioner of Income-tax, Assam. Sub ...
Court: Andhra Pradesh
Decided on: Aug-04-1965
Reported in: [1966]61ITR97(AP)
The judgment of the court was delivered byNAYUDU J. - The following questions have been referred to us in each of these cases, for our opinion, by the Income-tax Appellate Tribunal, A Bench, Calcutta :(1) Whether, on the facts and in the circumstances of the case, the remunerations received by the assessee from Messrs. Eastern Tea Estates (P.) Ltd., in the relevant years of account, are assessable under section 10 of the Indian Income-tax Act, 1922 ?(2) Whether, on the facts and in the circumstances of the case, the initiation of the proceedings in reassessment under section 34(1)(a) for the assessment years 1955-56 and 1956-57 was legally valid ?As the questions referred to us are common to both cases and as the facts and circumstances to be considered are, more or less, similar, we have heard the references together and propose to dispose them of together by a common order.Before we consider the questions referred to us, it would be necessary to set out the relevant facts of the case...
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