Andhra Pradesh Court January 1966 Judgments
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M. Seshanna Vs. Union Government of India Ministry of Steel and Mines ...
Court: Andhra Pradesh
Decided on: Jan-29-1966
Reported in: AIR1967AP94
ORDER(1) In this Writ Petition the petitioner challenges the order of the Union Government, Ministry of Steel and Mines contained in letter No. M.V. I (395)/62, dated 24-5-1965, and the consequential G.O. Ms. No. 681, dated 1-6-1965 issued by the Government of Andhra Pradesh by and under which the 3rd respondent was granted a mining lease for a period of twenty years in Survey No. 759/B in Kalugotla village, Dhone taluk, Kurnool district. It is averred by the petitioner that, himself, one Subbareddy, and the 3rd respondent had applied for a mining lease with reference to Survey No. 759/B referred to above between 13-4-1959 and 28-1-1961 which was assigned to one Chintakyala Rangayya, who entered into an agreement with one A.V. Raghavarao in the year 1955. The Government of Andhra Pradesh cancelled the assignment as well as the temporary permission granted by the District Collector Kurnool to A.V. Raghavarao for operating this mine, as it thought that the dealings were irregular. The Go...
Srunguri Lakshminarayana Rao and ors. Vs. Revenue Divisional Officer, ...
Court: Andhra Pradesh
Decided on: Jan-27-1966
Reported in: AIR1968AP348
Manohar Pershad, C.J. 1. In these three appeals (C.M.As. 314/1962 and 63 and 64 of 1963) which have been preferred under Section 11 of the Requisitioning and Acquisition of Immoveable Property Act, XXX of 1952, against the award of the Court of the Arbitrator (District Judge), East Godavary, the appellants valued the appeals at Rs. 21,871/-. Rs. 576/- and Rs. 1056/- respectively and paid Court-fee under Article 11 of Schedule II of the Court Fees Act of 1870 (as amended) treating the appeals as appeals against orders. The office raised an objection that the appellants have to pay ad valorem Court-fee under Schedule 1, Article 1 on the amounts of Rs. 21,871/--. Rs. 576/- and Rs. 1056/- respectively after deducting the court-fee already paid.2. Learned counsel for the appellants. Shri P. Suryanarayana and Shri M. Suryanarayana murthy, contend that the office note cannot be accepted and that the court-fee paid is proper. As this matter related to the payment of Court-fee, notice was given...
Uggamraj Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jan-25-1966
Reported in: (1967)IILLJ780AP
Sharfuddin Ahmed, J.1. This is a petition under Article 226 of the Constitution to quash the award made by the presiding officer, labour court, Hyderabad, in regard to a dispute between the workmen of Rajeswari Talkies, Secunderabad, and the management of the said talkies. The award produced is printed at p. 1528 of Andhra Pradesh Gazette, Part I, dated 23 April 1964. The dispute between the management and the workmen of Rajeswari Talkies, Secunderabad, was referred to the labour court, Hyderabad, by the Government under G.O. Ms. No. 537, Home (Labour-I), dated 16 March 1963. It pertains to the dismissal of one Ratnam and discharge of eight workers whose names are mentioned In the said award.2. The case of the management was that Ratnam had left voluntarily his service in October 1961, and that Acharya and David left their services in December 1962. They further contended that the other workmen had left the theatre voluntarily on 31 December 1962; while the workmen pleaded that their s...
Vadamala Sanjeevi Reddy Vs. K. Ellappa Reddy and ors.
Court: Andhra Pradesh
Decided on: Jan-21-1966
Reported in: AIR1967AP243
ORDER(1) This revision petition is filed under Section 75 of the Provincial Insolvency Act (hereinafter called the Act) by the defendant. I. P. 5/58 was filed by a petitioning creditor, 1st respondent, to adjudicate the petitioner herein as an insolvent. The grounds on which the adjudication was sought were that the first respondent executed a sale deed Ex A-5 and also executed a mortgage, Ex. A-6 thereby delaying and defrauding the petitioning creditor and that in view of this act of insolvency he should be adjudicated insolvent.(2) This petition was resisted by the petitioner mainly on the ground that he has not committed any act of insolvency. I am not concerned with the other questions dealt with by the Courts below as they were not pressed before me, nor anything turns upon them in so far as this revision petition is concerned.(3) The trial Court dismissed the petition after a proper enquiry holding that the sale deed executed by the petitioner is supported by consideration and th...
Abid Ali Khan and anr. Vs. Prabhakara Rao H. Mawle and anr.
Court: Andhra Pradesh
Decided on: Jan-20-1966
Reported in: 1968CriLJ398
ORDERGopalrao Ekbote, J.1. This is an application under Section 561A of the Criminal P.C., asking this Court to quash the proceedings in C.0. No. 5934/1965 on the file of the VIIIth City Magistrate, City Criminal Court, Hyderabad.2. It appears that on January 11, 1960 the Advocate-General of the Andhra Pradesh applied to this Court for action against the respondent Prabhskar Rao H. Mawle under Section 2 of the Vexatious Litigation (Prevention) Act, 1949 (Madras Act VIII of 1949), on the allegation tint be had been 'habitually' and 'without any reasonable ground' instituting 'vexations proceedings' in the Courts within the limits of Hyderabad and Secunderabad cities and also in the High Court and that he was a vexatious and habitual litigant and, therefore, sought a, direction under Section 2 of the Act. Mr. Mawle appears to have resisted that petition mainly on two grounds. It was contended firstly that the said Madras Act was ultra vires and unconstitutional and secondly since that Ac...
Dinshawji (Died) and ors. Vs. Abdul Rasool Khan
Court: Andhra Pradesh
Decided on: Jan-19-1966
Reported in: AIR1967AP119
Ekbote, J.(1) This is an appeal from the judgment and decree of the First Additional Judge, City Civil Court, Hyderabad in Case No. 105 of 1958 given on 21st December, 1959 whereby he dismissed the plaintiff's suit for damages for breach of a contract.(2) The essential facts of the case are that the plaintiff alleged that he was the contractor for supply of liquor to Bidar and Osmanabad districts for the fasli years 1346 to 1357. The plaintiff wanted to get the contract for the fasli year 1358. On learning that the defendant was also attempting to get the licence for that year, on 15th Amardad 1357 Fasli the parties reached an agreement that both the plaintiff and the defendant should submit separate tenders, that in case the tender submitted by the defendant was accepted, the parties would work out the lease on the basis of partnership between them and that each would be entitled to a half share in the profits. It was further agreed that after the tender was accepted, an application s...
District Social Welfare Officer, Guntur Vs. Bhatraju Hanumantha Rao an ...
Court: Andhra Pradesh
Decided on: Jan-13-1966
Reported in: AIR1968AP66
1. In this appeal by the State Government represented by the District Social Welfare Officer. Guntur (hereinafter referred to as the L.A.O., i.e. Land Acquisition Officer), and the Memorandum of Cross objections preferred by the claimants who are the respondents in the appeal, arise out of certain land acquisition proceedings initiated by the L.A.O. in respect of the lands belonging to the claimants bearing S. Nos. 430/1A 431/1, 431/3 and 431/ 2B of Inkollu village of a total extent of 6 acres 34 cents. The notification issued under Section 4(1) of the Land Acquisition Act on 109 19159 stated that the public purpose for which the land was needed was the provision of house-sites for Harijans as the Harijan Cheri of Inkollu village was highly congested.By his award dated 5-11-1959 the L.A.O. fixed the compensation payable to the lands at Rs. 1,600 per acre. Dissatisfied with the award, the owners of the lands, who had claimed that each acre of the land was worth Rs. 6,000 applied to the ...
Maddali Tiruvengalam Vs. Saladi Ammanna and ors.
Court: Andhra Pradesh
Decided on: Jan-13-1966
Reported in: AIR1967AP206
(1) The decree-holder in O.S. No. 445 of 1955 on the file of the District Munsif's Court, Vijayawada is the appellant in this second appeal, which arises in execution of that decree. The suit was filed by recover a sum of Rs. 2,500/- being the Principal and interest due on a promissory note dated 16-11-46 executed by late S. Appayya, husband of the 1st defendant and father of defendants 2 and 3, as manager of the joint family defendants 1 to 3 and defendants 4 and 5 in favour of the plaintiff for Rs. 1800/-. It is admitted that the amount represent the unpaid purchase money due to the plaintiff in connection with the sale deed executed by him in favour of the defendants. That suit was decreed in the following terms:'.... this Court doth order and decree that the 5th defendant do pay to the plaintiff the sum of Rs. 2500/- with interest on Rs. 2355-13-0 at 0-12-0 per cent per mensem from 26-7-55 date of suit to this date together with further interest at 6 per cent per annum on the aggre...
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