Andhra Pradesh Court December 1967 Judgments
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irrumathirumala Nallanchakravarthi Sampathkumara Jagannatha Tiruvenkat ...
Court: Andhra Pradesh
Decided on: Dec-30-1967
Reported in: AIR1969AP303
J. Reddy, C.J.1. When this appeal came up before Basi Reddy, J., he referred the matter to a Bench, as in important question relating to Sishya Sancharam fell for consideration. The Bench, consisting of himself and Sharfuddin Ahmed, J., having regard to its importance, referred to following two questions to a Full Bench, namely.1. Is the avocation of Sishya Sancharam an office or property and is it heritable and partible Is it a justiciable right ? 2. Do earnings from Sishya Sancharam constitute joint family property ?2. At the very outset it appeared to us and the learned advocates for the appellants and the respondent agreed, that as the several aspects of the matter which fall for consideration depend on evidence relating to the custom and usage in regard to Sishya Sancharam, the whole case will have to be heard, and we accordingly permitted the learned advocate to argue the entire appeal.3. The respondent, who is the widow of one late Butchayyavarlu, son of the 1st defendant, Tiruv...
Sikander Shah Vs. Syed Abdul Rehman
Court: Andhra Pradesh
Decided on: Dec-30-1967
Reported in: AIR1969AP146
1. This is a revision petition filed against the order of subordinate Judge, Warangal given on 23rd June 1966 whereby the learned Subordinate Judge dismissed the petition filed by the petitioner before me under Section 23 of the Specific Relief Act.2. The material facts are that decree for specific performance was passed on 14-2- 1965 in O. S. No. 55 of 1965 in favour of the respondent and against the petitioner before me in the following terms: -'The defendant should execute and register the sale deed in respect of the suit property in plaintiff's favour on payment of Rs. 1100 by the plaintiff within 3 months from this date. IN default the plaintiff will be entitled to set the sale deed executed through Court by depositing the balance of sale consideration and registration expenses. The defendant shall bear the costs of the suit incurred by the plaintiff.'3. The petitioner, who was the defendant in the suit, filed an application under Section 151 C. P. C. alleging inter alia that sinc...
The President, Shishu Vihar Bhagini Mandal, Hyderabad and anr. Vs. Yel ...
Court: Andhra Pradesh
Decided on: Dec-27-1967
Reported in: AIR1969AP148
1. These two revision petitions arise out of two I. As. filed in the Court below for the purpose of recalling P. W. 1 and for permission to cross examine him with reference to previous statements recorded by the same Court. The relevant facts are that the respondent-plaintiff instituted the suit in the court of small causes for recovery of a certain amount. The trial of the said suit had an unfortunate and chequered career. The Chief Judge, who tried the case first, was transferred before the case was concluded. He had recorded the statement of P. W. 1., the plaintiff, It is known that under the provisions of the Hyderabad Small Cause Courts Act full evidence of a witness is not recorded nor it is read out to be witness nor his signature taken thereupon. What is recorded is only the notes made of the statement before the small Cause Court by the Judge. Subsequently another Chief Judge came in. According to the provisions of the small Cause Courts Act, a de novo trial could be concluded...
Chirala Goverdhanareddy and anr. Vs. Election Tribunal, Bapatla and or ...
Court: Andhra Pradesh
Decided on: Dec-27-1967
Reported in: AIR1970AP56
Sambasiva Rao, J.1. A common question that arises in both these writ petitions is whether the Election Tribunal, constituted under the Andhra pradesh Gram panchayat Act, can enquire into the age of a candidate in order to find out whether he was qualified to stand as a candidate on the date of his nomination. A Division Bench consisting of our learned brothers, Basi Reddy and Gopal rao Ekbote JJ, referred the two writ petitions to a Full Bench as they raised the question which is of great importance and is frequently raised and in view of the conflict between two Division Bench decisions of this Court (viz. In Ramachandram v. Seshayya, (1961) 2 Andh WR 23.2. The material facts which are necessary for the determination of this question may be stated briefly.3. In Writ Petition No. 1522 of 1964 the petitioner was declared to have been elected as a member of the Gram Panchayat of Nallamothuvaripalem Panchayat in the Guntur District from Constituency No. 3 with a majority of seven votes, i...
The Revenue Divisional Officer, Guntur Vs. Vasireddy Rama Bhanu Bhupal ...
Court: Andhra Pradesh
Decided on: Dec-27-1967
Reported in: AIR1970AP262
Kuppuswami, J.1. This appeal arises out of proceedings for the acquisition of 10,900 Sq. feet of land in T. S. No. 79 of Guntur town. The said land was required by the Guntur Municipality for the High level Service Reservoir for Guntur Water Supply Scheme. The Commissioner of the Guntur Municipality by his letter D/- 16-9-1953 applied for the acquisition of that land for the above purpose. Even prior to the request by the Commissioner the Municipality seems to have taken possession of the land on 30-11-1950. In response to the Commissioner's request, proceedings for the acquisition of the land were started under the Land Acquisition Act (hereinafter referred to as 'the Act') and notification under Section 4(1) of the Act was published on 12-4-1956. The Land Acquisition Officer gave his award on 31-3-1958, whereby he assessed the value of the land at Rs. 8 per sq yard. he awarded 15 per cent solatium on the said amount and awarded interest on the compensation at 6 per cent from 30-11-19...
V.V. Sarma and ors. Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Dec-27-1967
Reported in: AIR1969AP118
ORDER1. W. P. No. 607 of 1967 has been filed by three petitioners seeking a writ of Mandamus to restrain the Government from implementing the G. O. Ms. No. 179 Public Works Department D/- 2-2-1966 in so far as it relates to them. W. P. No. 938 of 1967 has been filed by three petitioners seeking a wit of Mandamus to direct the respondents 1 and 2 to implement the G. O. Ms. No. 179. Public Works Department dated 2-2-1966 and the petitioners in W. P. No. 607 of 1967 have been made respondents 3 to 5 in this writ petition. It will be convenient to deal with the two writ petitions separately. 2. W. P. No. 607 of 1967: The Electricity Department had two wings (1) Office of the Chief Engineer. Electricity (Projects and Board) and (2) Office of the Chief Electrical Inspector to Government. By an appropriate order dated 14-8-1957, the post of the Chief Electrical Inspector to Government was merged with the post of the Chief Engineer, Electricity. These two wings had separate units. As a measure...
The Public Prosecutor Vs. Papanna
Court: Andhra Pradesh
Decided on: Dec-26-1967
Reported in: AIR1969AP291; 1969CriLJ1035
Obul Reddi, J.1. The State has preferred this appeal against the acquittal of the accused-respondent of the charges framed against him under Section 302, I. P. C. for causing the murder of his wife, and under Section 392, I. P. C. for committing of the crime, murder.2. The case of the prosecution briefly stated is thus: Thus deceased Gowramma was married to the accused about ten months prior to the occurrence. Before here marriage one other person wanted to marry her, but ultimately P. W. 2, who brought her up, gave her in marriage to the accused. The accused was teasing her about the other suitor and this led to frequent quarrels between the husband and wife. According to P. W. 2, she has once, about a month prior to the occurrence, complained to him that her husband was not treating her properly. The brother of accused, P. W. 1 has also stated that his sister-in-law, the deceased, was not treated properly by his brother, the accused, and that there were frequent quarrels between the ...
B. Gopalaiah and ors. Vs. Government of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Dec-26-1967
Reported in: AIR1969AP204
ORDER1. The several petitioners were previously employed as teachers in various Aided Elementary Schools run by private management within the limits of Cuddapah Municipality. In accordance with the provisions of the Andhra Educational Institutions (Requisitioning and Acquisition) Act of 1956 the Government decided to take over privately managed Elementary Schools in Cuddapah and East Godabari Districts. G. O. Ms. No. 2730 Education dated, 13-8-1959 contains the scheme for taking over the management of these schools. Sub-clause (5) of Clause 2 of the G. O. provides:'The teachers in the schools so transferred shall be treated as a separate unit in the District Board or the Municipality as the case may be, for purposes of appointment, transfer, seniority, promotion and retrenchment. They shall be governed by the rules laid down for other teachers in the District Board or the Municipal Council in regard to discipline, punishments, and appeals, grant of leave etc. The status of the teachers...
Akella Satyanarayana Murthy Vs. Zonal Manager, Life Insurance Corporat ...
Court: Andhra Pradesh
Decided on: Dec-21-1967
Reported in: AIR1969AP371; 1969CriLJ1218
Narasimham, J.1. This is a petition seeking the quashing of the order of the Zonal manager, Life Insurance Corporation of India, 5-5-1966, dismissing the petitioner on a writ of certiorari. 2. The facts relevant to this petition are these: The petitioner was a Development Officer in the Life Insurance Corporation of India, While working as such in Visakhapatnam and Srikakulam Districts, the authorities of the Life Insurance Corporation referred cases of alleged misappropriation of the insurance moneys collected from the policy-holders by the petitioner to the Special Police Establishment. The said authorities filed a charge-sheet against the petitioner in the Court of the Fourth City Magistrate, Hyderabad, for alleged misappropriation of Rs. 58 collected by the petitioner from one T. Jagnnayakulu and Chowdary Krishnamurty. The Magistrate tried the case against him as S. P. E. No. 5 of 1965 and found him guilty under Section 409, I. P. C., but instead of sentencing him, directed that he...
D.V. Narasimham Vs. State
Court: Andhra Pradesh
Decided on: Dec-20-1967
Reported in: AIR1969AP271; 1969CriLJ1016
Sharfuddin Ahmed, J.1. The question that has been referred to us viz, 'whether the conduct of the accused can be taken into consideration when the crime is committed in the presence of the Police arose in Criminal Appeal NO. 580 of 1965 before our learned brother Mohammed Mirza, J. The learned Judge felt that there was no direct case on the point and therefore, referred it to the Bench. The facts necessary to appreciate the contentions on either side may briefly be stated:The appellant in Criminal Appeal No. 580 of 1965 was working as Station Superintendent. Vijayawada, Southern Railways at the relevant period. On 21-6-1964 he demanded and accepted a sum of Rs. 100 from one of his subordinates as illegal gratification for having posted him to Outward Parcel seat and for retaining him in that capacity. It was stated that P. W. 1 Senior Assistant Parcel Clerk in the Parcel Office. Vijayawada Railway Station was working in that capacity for 21/2 years. He was formerly in-charge of loading...
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