Andhra Pradesh Court September 1965 Judgments
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Marothu Suryarao Vs. Paluri Pediyya and ors.
Court: Andhra Pradesh
Decided on: Sep-20-1965
Reported in: AIR1967AP152
(1) This revision petition arises out of an application filed by the Second defendant (petitioner before me) under Order 9, R. 13 C.P.C.(2) The facts material for the purpose of appreciating the contentions raised before me are that O.S. 193/1957 was posted for trial on 2-1-1960. The second defendant filed an application for adjournment on that date. Rejecting his petition, he was set ex parte. After completing the recording of the deposition of P.W. 1, the trial court proceeded to deliver the judgment. It is to set aside that decree that the petition was filed under Order 9, Rule 13 C.P.C. by the second defendant.(3) This petition was resisted by the plaintiff not only on merits but also on the ground that the decree passed on 2-1-1960 falls under Order 17, Rule 3 C.P.C. and as such no application under Order 9, Rule 13 C.P.C. lies.(4) The trial court upholding the contention of the plaintiffs dismissed the petition. It held that the judgment and decree dated 2-1-1960 fell under Order...
Pal (T.A.)
Court: Andhra Pradesh
Decided on: Sep-20-1965
Reported in: (1968)ILLJ310AP
Mahomed Mirza, J.1. The petitioner is convicted under Rule 16(t) read with Rule 16(7) of the Madras Shops and Establiehments Act, 1947, and sentenced to pay a fine of Rs. 20. A chargesheet was filed against the petitioner, who is the managing director of the Canara Industrial and Banking Syndicate (Private), Ltd., on the allegation that, when the Assistant Inspector of Labour, inspected the establishment at Guntur on 30 March 1963, It was found that the petitioner had failed to maintain the employment register up to date by not entering the names of Sri D. Narayana Rao and Sri N.V. Appalachari.2. This revision petition can be disposed of on a short point. G.O. Ms, No. 5684, dated 39 November 1949, which baa been marked as Ex. P. 5, was issued by the Governor of the composite State of Madras under the powers conferred by Section 6 of the Madras Shops and Establishments Act.3. The notification runs as follows:In exercise of the powers conferred by Section 6 of the Madras Shops and Establ...
Advocate General, Andhra Pradesh Vs. D. Seshagiri Rao
Court: Andhra Pradesh
Decided on: Sep-17-1965
Reported in: AIR1966AP167; 1966CriLJ642
Venkatesam, J.1. The Advocate General, Andhra Pradesh, has filed this petition against D. Seshagirirao, the respondent herein, for action under Sections 3, 4 and 5 of the Contempt of Courts Act. The respondent is said to have committed contempt of court by reason of the scurrilous attacks which he made against the Additional Sessions Judge, Rajahmundry, and thr Judicial Second Class Magistrate, Kakinada in the letters which he addressed to them on 30-10-1964.2. In order to appreciate the points at issue, it may he necessary to state a feu facts.3. The respondent filed a criminal com-plaint against the officials of Gurazanapalli Salt Factory, near Kakinada in East Godavari District under Sections 447, 506 and 500 I. P C. and Section 22-D of the Central Excises and Salt Act, No. I of 1944 (hereinafter referred to as 'the Act'), alleging that without any manner of justification they trespassed upon the land (salt pan). and prevented him from manufacturing salt for a day. He claimed title ...
In Re: Abdul Khader Saheb
Court: Andhra Pradesh
Decided on: Sep-16-1965
Reported in: AIR1967AP151
Manohar Pershad, J. (1)This Writ Appeal is directed against the decision of our learned brother Gopalakrishnan Nair, J. dismissing the writ petition filed by the appellant herein under Article 226 of the Constitution.(2) The facts leading to this appeal are: The Government instituted proceedings for compulsory acquisition of a portion of land measuring Ac. 1-98 cents for the purpose of extension of the Muslim burial ground situated in Nandyal Municipality. A notification under S. 6 of the Land Acquisition Act was issued on 18-9-1964. This notification authorized the Land Acquisition Collector (Revenue Divisional Officer, Nandyal) to take possession of the land under Section 17(1) of the Act. On 24-3-65, the Government issued an order directing the Land Acquisition Collector to drop all proceedings for acquisition of the land. It is the case of the appellant that he has learnt that the Government intend to cancel the notification issued by them under Section 6 of the Act. He therefore a...
Mohammed Ali Khan Vs. Hakim Khaja Shafi Hasan
Court: Andhra Pradesh
Decided on: Sep-15-1965
Reported in: AIR1967AP185
ORDER(1) The only question used in this revision is that the rented deed relied on by the landlord in inadmissible in evidence for want of registration.(2) A suit was filed on the Small Cause side for recovery of arrears of rent at the rate of Rs. 24/- per month for the period extending from 13th February 1961 to 12th October, 1961. The case of the respondent-landlord was that the rent for these months was recoverable from the petitioner his tenant at the rate of Rs. 24/- per month for the said period. The petitioner contended that he had received a sum of Rs. 1200/- from the respondent with interest at Rs. 2/- per cent per month and executed a sale deed as a collateral security for the said debt and also entered into an agreement of rent in lieu of interest. It was also pleaded that he had paid a sum of Rs. 1050/- in part payment of the amount advanced by the respondent and therefore he was not liable as claimed by the landlord. Further the argument was to the effect that the rental d...
Mylavarapu Chitti Sanyasi Prasad Rao Vs. Runku Lakshmayya
Court: Andhra Pradesh
Decided on: Sep-14-1965
Reported in: AIR1967AP143
ORDER(1) This revision petition filed by the plaintiff is directed against the judgment and decree of the District Munsif, Srikakulam, given on 27-4-1962. The necessary facts to appreciate the contention raised before me are, that the plaintiff instituted a suit to recover Rs.471-95 nP together with interest for arrears for rent for the year 1959 and for the balance of the 'ambaram' due for 1960 and 1961 from the defendant who was the cultivating tenant of the plaintiff's land.(2) The principal contention of the defendant was that the plaintiff had filedion for eviction on the ground of default and it was found by the Tenancy Court that the defendant was not a defaulter. That judgment of the Tenancy Court operates as res judicata, I am not concerned with the other contentions raised by the defendant in his written statement as nothing turns upon them in this revision petition. After recording the evidence adduced by the parties, the Additional District Munsif, Srikakulam, although reac...
Hotha Venkataramamurthi Vs. Hota Kameswaramma and ors.
Court: Andhra Pradesh
Decided on: Sep-14-1965
Reported in: AIR1966AP276
ORDERP. Satyanarayana Raju, C.J.1. Having held that the petitioner was not a pauper, the lower court dismissed the original petition without giving an opportunity to the petitioner to pay the Court-fee. There is a long catena of decisions of the Madras High Court which were followed by a Division Bench of this Court in Sulemani Begum v. Ghulam Mohd. Shafi Khan, : AIR1960AP381 in all of which it was held that an application to sue as a pauper is a composite document consisting of an unstamped plaint and an application for permission to sue in forma pauperis. The learned Judge held in the case cited above that even if the application for permission to sue in forma pauperis, is rejected the plaint still remains and the Court may in the discretion allow the petitioner to pay the court fee and in each a case the suit shall be deemed to have been instituted on the date of presentation of the application.2. It was pointed out by Justice Wadsworth in Kanthimathi Animal v. Ganesa Iyer, AIR 1936...
Vintha Venkateswara Reddi Vs. Anjamma and anr.
Court: Andhra Pradesh
Decided on: Sep-10-1965
Reported in: AIR1966AP354
Narasimhan, J.1. This is an appeal against the judgment of the Subordinate Judge, Vijayawada, in O. S. 124 of 1959 by which he dismissed the plaintiff's suit for possession of the plaint schedule properties and for profits and other reliefs. The plaintiff is the appellant.2. One Bonthu Venkatareddi, hereinafter be referred to as Reddi, of Telaprolu died possessed of the properties claimed in the suit. The planitiff is the son of the said Reddi's sister He is a minor and is represented by his mother Vintha Suhbamma, the sister of late Reddi. The 1st defendant in the suit is the widow of the said Reddi The 2nd defendant is the tenant of the lands of the said Reddi which were leased to him. The said Reddi was abut 38 years when he died. He died issueless. He had previously gifted about 57 cents of hill land to his sister's daughter. Subsequently he gifted an acre of land to his wife under a dakhaldeed, Ex. A-2 dated 12-6-1959. At the time of his death he left him surviving a young widow w...
Public Prosecutor, Andhra Pradesh Vs. Pasala Rama Rao
Court: Andhra Pradesh
Decided on: Sep-08-1965
Reported in: AIR1967AP49
(1) The State has filed this appeal against an order passed by the Additional District Munsiff Magistrate, Rajahmundry acquitting the respondent from a charge under the Prevention of Food Adulteration Act.(2) The case of the prosecution was that on 16-6-1963 at about 9-50 A.M. when the Food Inspector (P.W. 1) saw the respondent at Gokavaram Bus stand at Rajahmundry opposite to the tea stall, the respondent was found in possession of three brass bindis containing milk and one aluminium vessel containing milk along with one half seer measure. The respondent had placed the brass and aluminium vessels on the ground in front of the tea stall of K. Appalaswamy. P.W. 1 asked the respondent about the contents of the vessels and it is said that the respondent told him that they contained mixture of cow and buffalo milk meant for sale at the rate of Rs. 0.45 nP. per seer. P.W. 1 then asked Appalaswamy who has been examined as P.W. 2 to act as a mediator and two other persons who were at the bus ...
Public Prosecutor Vs. Pasala Rama Rao
Court: Andhra Pradesh
Decided on: Sep-08-1965
Reported in: 1967CriLJ154
Mohammad Mirza, J.1.The State has filed this appeal against an order passed by the Additional District Munsiff Magistrate, Rajahmundry acquitting the respondent from a charge under the Prevention of Food Adulteration Act.2. The case of the prosecution was that on 16-6-1963 at about 9-50 A.M. when the Food Inspector (P. W. 1) saw the respondent at Gokavaram Bus stand at Rajahmundry opposite to the tea stall, the respondent was found in possession of three brass bindis containing milk and one aluminium vessel containing milk along with one half seer measure. The respondent had placed the brass and aluminium vessels on the ground in front of the tea stall of K. Appalaswamy. P. W. 1 asked the respondent about the contents of the vessels and it is said that the respondent told him that they contained mixture of cow and buffalo milk meant for sale at the rate of Rs. 0.45 nP. per seer. P. W. 1 then asked Appalaswamy who has been examined as P. W. 2 to act as a mediator and two other persons w...
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