Andhra Pradesh Court November 1967 Judgments
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P. Bhupathi Reddy and ors. Vs. Government of Andhra Pradesh Represente ...
Court: Andhra Pradesh
Decided on: Nov-30-1967
Reported in: AIR1968AP307
ORDER1. The several petitioners in this Writ petition seek a direction that G. O. Ms. No. 366 dated 27-3-1965 and G. O. Ms. No. 411 dated 1-4-1965 may not be implemented against them. All of them were appointed as temporary Village Level Workers in the Community Project and National Extension Service Blocks of the Government of Hyderabad in 1955. The Government of Andhra Pradesh by G. O. Ms. No. 896 dated 24-7-1957 constituted a distinct class in the Andhra Pradesh General Subordinate Service consisting of the temporary posts of Village Level Workers under the Community Development Programme. Clause 8 of G. O. Ms. No. 896 required that a person appointed to the post of Village Level Worker shall, after the successful completion of the prescribed period of training, be on probation for a total period of one year on duty within a continuous period of two years. In 1965 Collectors under whose authority the petitioners were working declared that they had satisfactorily completed their prob...
N. Pullayya Vs. the Government of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Nov-30-1967
Reported in: [1968]21STC291(AP)
Narasimham, J. 1. This is a petition under Article 226 of the Constitution of India for a declaration that the provisions of the Andhra Pradesh General Sales Tax (Amendment) Act, 1963 (Act 16 of 1963) introduced into the Andhra Pradesh General Sales Tax Act in so far as they pertain to a miller who is not a wholesale dealer or a retail dealer are null and void and ultra vires the powers of the Legislature of the State of Andhra Pradesh and for the issue of a writ of mandamus restraining the State of Andhra Pradesh from enforcing the said provisions against the petitioner.2. The petitioner is a miller whose business consists in milling rice for hire only. He is neither a purchaser of paddy nor seller of rice. According to him, for about 30 customers 15 to 20 bags of paddy are milled per day at the rate of Re. 1 per bag out of which he has to pay the electricity charges and labour. The Union Government enacted the Rice Milling Industry (Regulation) Act, 1958 (Act 21 of 1958) which came i...
Kalagara Rama Tulasamma Vs. Subhadaya Publications Ltd.
Court: Andhra Pradesh
Decided on: Nov-29-1967
Reported in: AIR1969AP207
1. This is an appeal directed against the order of the Additional District judge, West Godavari passed on 4-7-1964. It arises in the following circumstances.2. In O. P. No. 195 of 1964, the High Court of Madras brought the Subhadaya Publications limited in liquidation. In pursuance of the liquidation, an order to collect the call money from the appellant was made by the said High Court. The High Court of Madras transmitted that order for the purpose transmitted that order for the purpose of enforcement to the High Court of Andhra Pradesh. The high Court of Andhra Pradesh in its turn transferred the said order passed in O. P. No. 195 of 1964 to the District Court, Eluru under R. O. C. No. 4296/63-C2 for execution. An execution petition was filed by the Official Liquidator before the District Court for the execution of the said order. The prayer in the said execution petition was that the said execution petition was that the moveable property of the judgment-debtor should be attached.3. ...
In Re: P. Bapanaiah
Court: Andhra Pradesh
Decided on: Nov-24-1967
Reported in: AIR1970AP47; 1970CriLJ199
Venkateswara Rao, J. 1. This criminal revision petition, which arises out of a prosecution under Section 135 of the Customs Act and Rule 126-P (2) of the Defence of India Rules, 1962 (Part XII-A Gold Control) has been referred to the Bench by our learned brother, Mohammed Mirza, J., for decision 'in view of the important question of law raised' in the case.2. The factors of the case may briefly be set out here. On receipt of information that Pabbati Bapnaaiah, the petitioner herein, would be leaving Hyderabad for Kothagudem by bus on 3-2-65, with contraband gold, the Deputy Superintendent, Customs and Central Excise, Hyderabad, with some members of his staff, lay in wait at the Gowliguda Bus Dept. in Hyderabad. The petitioner arrived there at 9 A. M. with a holdall in his hand. On a search of his person and belongings, it was found that he concealed in a pillow, four gold slabs with foreign markings 'Johnson Mathey 999-O London 10 tolas'. Those slabs were seized and further investigati...
Torsion Products Ltd. and anr. Vs. Director of Industries, Hyderabad a ...
Court: Andhra Pradesh
Decided on: Nov-24-1967
Reported in: AIR1969AP374
ORDER1. On 21-9-1959 the 2nd petitioner obtained an industrial licence from the Government of India for the manufacture of laminated and coiled springs for automobiles and railways. On 25-9-1962 he applied to the Government of Andhra Pradesh for assigning 80 acres of land near Uppal for establishing a factory with a view capacity to manufacture 1800 tons per year and capable of employing about 200 persons. On 29-10-1962 the Government of Andhra Pradesh directed the District Collector of Hyderabad to take the necessary steps to assign the land to the 2nd petitioner and by G. O. S. O. 468, D/- 20-3-1963 the land was directed to be handed over to the 2nd petitioner. In accordance with this direction the land was handed over to the 2nd petitioner by the Deputy Director of Industries and Commerce on 26-4-1963. On 14-2-1964 the Government issued a formal order, G. O. Ms. No. 212, allotting 73 acres 36 cents to the 2nd petitioner and directed the Director of Industries to obtain an agreement ...
K. Venkata Subbayya Vs. District Collector, Chittoor and anr.
Court: Andhra Pradesh
Decided on: Nov-24-1967
Reported in: AIR1969AP381
ORDER1. This Civil Revision Petition arises out of the order of the District Munsif, Kalahasti, in E. P. No. 186 of 1963 in Writ Petition No. 1011 of 1957 on the file of this Court, holding that the execution petition filed by the respondent-decree-holders is within time under Art. 183 of the Limitation Act, 1908. 2. The short facts leading to the filing of the execution petition by the decree holders in the writ petition are the following:-The writ filed by the petitioner-judgment-debtor was dismissed with costs of the respondents. To execute the decree, awarding costs to the respondents, a civil miscellaneous petition No. 6835 of 1963 was filed for transmission of the decree and the decree was transmitted to the Court of the District Munsif, Kalahasti. Then an execution petition was filed on 28-10-1963. The judgment-debtor contended that since the decree is dated 4-9-1959 and the execution petition was filed on 28-10-1963, the petition is barred by limitation under Article 182 of the...
Mir Niyamath Ali Khan Vs. Commercial and Industrial Bank Ltd. and ors.
Court: Andhra Pradesh
Decided on: Nov-23-1967
Reported in: AIR1969AP294
Ekbote, J.1. This is an appeal from the Judgment and decree of the Second Judge, City Civil Court, Hyderabad given on 12-3-1957. The facts relevant for the purpose of appreciating the contentions raised before us may briefly be stated.2. The respondent-plaintiff instituted the suit for the recovery of R. 61, 853-3-10 (O. S.) against the 1st dependent and the legal representatives of Mir Iftikhar Ali Baquri, who are defendants 2 to 4, alleging inter alia that the 1st defendant and the ancestor of defendants 2 to 4, who was the brother of the 1st defendant, opened a current account on 6th February 1945 with the plaintiff-Bank. Under the said account, the 1st defendant and his brother used to deposit and draw by way of overdraft as per the rules of the Bank as and when it was necessary. The 1st defendant and his brother obtained Rs. 1615-6-2 O. S. on 9-9- 1947 under the said account. The 1st defendant and his brother had agreed to pay Re. 1 per month per Rs. 100 as interest, on the amount...
Bandi Naidu Vs. Pavuluri Ramanujiah and ors.
Court: Andhra Pradesh
Decided on: Nov-23-1967
Reported in: AIR1969AP22
ORDER1. The petitioner who is a member of the Gram Panchayat of Carnipudi seeks information from the 1st respondent as to the authority on which he is now holding the office of President and member of the Gram Panchayat of Carnipudi. It is admitted that the respondent was first elected as a member, later Upa Sarpanch and still later Sarpanch of the Gram Panchayat. The petitioner's contention is that the first respondent has not paid property-tax for the year 1965-66 and he is therefore disqualified from holding office by reason of Sec. 20 of the Andhara Pradesh Gram Panchayat Act. It is stated by him that Panchayat Extension Officer who inspected the records of the Panchayat has also submitted a report to the Commissioner of Panchayats to that effect and yet no action has been taken. Consequent on the failure of the authorities to take action he has invoked the jurisdiction of the High Court under Art. 226 for the issue of a writ of Quo Warranto.2. A duly elected member does not cease ...
Vaddaboyina Sesha Reddi Vs. Vaddaboying Tulasamma and ors.
Court: Andhra Pradesh
Decided on: Nov-22-1967
Reported in: AIR1969AP300
1. Plaintiff is the appellant in this second appeal. He instituted the suit for a declaration that he is entitled to the plaint scheduled properties after the life-time of the 1st defendant and that the alienations made by the 1st defendant are not binding on him after the life-time of the 1st defendant. The 1st defendant made several alienations and the defendants who are interested in those alienations are impleaded as parties to the suit. The 1st defendant is related to the plaintiff as the widow of his deceased brother, one Venkata Subbareddi. Both of them constituted a joint Hindu family and after the death of the other brother, the properties survived to the plaintiff. The 1st defendant instituted the suit O. S. 421 of 1945 claiming maintenance and a charge for the amount on the properties of the joint family.She claimed also a larger relief for partition. But that was denied. The suit was decreed ex parte on 29-6-1946. The ex parte decree was kater set aside and a decree on cont...
G. Venkatratnam and ors. Vs. the Principal, Osmania Medical College, H ...
Court: Andhra Pradesh
Decided on: Nov-20-1967
Reported in: AIR1969AP35
Kuppuswami, J.1. In this batch of eleven Writ Petitions a common question is involved namely, the validity of Rule 6 (a) (i) and (ii) and Rule 17 (viii) of the Rules for the Selection Candidates for admission to the Integrated M. B. B. S. Colleges in Telangana area, appended to G. O. Ms. 1135 Health dated 16-6-1966.2. Sri Y. Sivarama Sastry, addressed the main argument in W. P. No. 2523 of 67 and the Advocate appearing for the Petitioner in the other Writ Petitions adopted in the other Writ Petitions adopted his arguments. It is, therefore, sufficient to deal with the submissions made by Sri Sivarama Sastry in Writ Petition No. 2523 of 67.3. The petitioner in this Writ Petition passed his Higher Secondary (Multipurpose) Certificate Examination held in the month of March, 1967, in the First Class, securing 233.5 marks in the optional subjects, thus getting an average of 74.5% . He sought admission to the Osmania Medical College at Hyderabad. His father is a Chartered Accountant, residin...
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