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Andhra Pradesh Court January 1968 Judgments

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Jan 30 1968

Mechanical Superintendent, Visakhapatnam Port Trust and ors. Vs. the A ...

Court: Andhra Pradesh

Decided on: Jan-30-1968

Reported in: AIR1969AP200; [1969(18)FLR58]

1. On 4-6-1964 the workers of the Visakhapatnam Port Trust, through the General Secretary, The Visakhapatnam Harbour and Port Workers' Union, issued a notice to the Chairman, Visakhapatnam Port Trust, informing him that if the demands listed in the Annexure to the notice were not settled, the workers would be compelled to go on strike. The workers complained to go on strike. The workers complained that the administration was indifferent to their grievances and was not taking any steps to have them settled by negotiation. Pursuant to the notice the workers went on strike from 8-7-1964 to 12-7-1964. On 13-7-1964, a settlement was reached between the Port Trust authorities and the Union of Workmen which was recorded by the Conciliation Officer. The Chairman of the Port Trust agreed that the demands of the workers should be referred for adjudication under the Industrial Disputes Act and the Union agreed to call off strike. Clause 4 of the terms of settlement reads as follows: -'The chairma...


Jan 30 1968

Sakhamani Anantha Padmanabha Prasad and anr. Vs. Addepalli Venkatarama ...

Court: Andhra Pradesh

Decided on: Jan-30-1968

Reported in: AIR1969AP145

ORDER1. The defendants 3 and 4 who are the petitioners herein, had filed an application under Order 33, Rule 11 read with Section 151 C. P. C. to dispauper the plaintiff. It was alleged in the affidavit of the 4th defendant that the plaintiff, who gave evidence as P. W. 2, admitted that his family owned 900 square yards of house site in Sitharamapuram in Vijayawada and another site attached to Vishnu Oil and Flour Mills by the time of the death of his father and that both the above sites were sold away in 1961 for Rs. 20,000 out of which his share is Rs. 10,000. The plaintiff further stated that he is in possession and management of his late father-in-law's estate worth more than one lakh of rupees and that his father-in-law's estate is financing the litigation. It is further pleaded that the plaintiff has means and funds to pay the court fees and can no longer be permitted to sue as a pauper. The respondent filed a counter that he did not come into any funds after the situation of the...


Jan 29 1968

Ahmadunnisa Begum Vs. Union of India

Court: Andhra Pradesh

Decided on: Jan-29-1968

Reported in: AIR1969AP423

P. Jaganmohan Reddy, C.J.1. The petitioner, daughter of the late General His Exalted Highness Nawab Sir Mir Osman Ali Khan, the erstwhile Ruler of the Hyderabad State (hereinafter referred to as 'the late Nizam) filed this petition challenging the certificate issued by the Government of India on 27th February 1967 under Art. 366(22) of the Constitution of India to the 2nd respondent, His Exalted Highness Nawab Mir Barkat Ali Khan Bhadur (hereinafter referred to as 'the Nizam) the grandson of the late Nizam, as being issued without the authority of law, is arbitrary, discriminatory and violate of the fundamental rights of the petitioner under Article 14, 19(1)(f) and 31(1) of the Constitution. The impugned certificate is given below: - 'Certificate. This is to certify that His Exalted Highness Nawab Mir Barkat Ali Khan Bahadur has been recognised by the President of India under Art. 366(22) of the Constitution as the Ruler of Hyderabad in succession as the Ruler of Hyderabad in successi...


Jan 29 1968

Vijaya Kumar Machinery and Electrical Stores Vs. Alaparthi Lakshmikant ...

Court: Andhra Pradesh

Decided on: Jan-29-1968

Reported in: [1969]74ITR224(AP)

Sambasiva Rao, J.1. This is an appeal from O. S. No. 66 of 1960 on the file of the Subordinate Judge's Court, Tenali. Defendants Nos. 1 and 2, against whom a decree was passed, preferred this appeal.2. The suit was filed by the receiver appointed by the court. It was to recover a sum of Rs. 9,265 said to be due under two promissory notes dated 15th October, 1955, and 24th January, 1956, executed by the second defendant in favour of late Alaparthi Brahmayya. The first defendant was a firm and defendants Nos. 2 and 3 were its partners. The second defendant was a manager of the firm. He borrowed on behalf of the firm two amounts from Alaparthi Brahmayya: (1) Rs. 2,500 on 15th October, 1955, (2) Rs. 4,000 on 24th January, 1956. He executed two promissory notes. The rate of interest stipulated was 9 per cent. The payee, Brahmayya, died on 10th September, 1957, issueless and intestate. The receiver, who filed the suit, is the mother of Brahmayya. Brahmayya left behind him not only his mother...


Jan 27 1968

State of Andhra Pradesh Vs. A. Munuswami Reddy

Court: Andhra Pradesh

Decided on: Jan-27-1968

Reported in: AIR1969AP221

1. This second appeal is by the Government against the decision of the District Judge, Chittoor in A. S. No. 259 of 1962. Munuswami Reddi was the plaintiff. He filed the suit for declaration that the orders passed by the Government dated 6-6-1951 and 11-9-1951 (by the Special Officer and the Deputy Inspector-General of Police) are illegal and ultra vires. He is a permanent employee as Sub-Inspector of Police and was promoted duly as Inspector of Police on 2-5-1950. He was also declared as in the rank of Inspector of Police on 29-10-55. He served as officiating Inspector of Police from 2-5-50 to 30-6-1955 and retired from service on superannuation on 1-7-1955. He then applied for the benefits of Article 487-B of the Civil Service Regulations. But he was informed that he had reversions as Inspector of Police within the law two years of his retirement and therefore he is not entitled to the benefits of the said Article. The plaintiff, therefore, questioned the orders as being illegal and ...


Jan 24 1968

Shah Hastimal Heeraji Vs. Assistant Collector, Central Excise, Anantap ...

Court: Andhra Pradesh

Decided on: Jan-24-1968

Reported in: AIR1969AP139

ORDER1. On 22-7-1961, 22 new wrist watches were seized by the Deputy Superintendent of Central Excise from the resident of the petitioner at Kurnool. They were found in a tin hidden behind a bag containing charcoal. As the wrist watches were new and as there was a restriction on the import of wrist watches, the Central Excise Authorities, being of the prima facie view that the watches had been imported into the country in contravention of the Government of India, Ministry of Commerce and Industry Imports (Control) Order No. 17/55 dated 7-12-1955, called upon the petitioner to show cause why the watches should not be confiscated in accordance with the provisions of Section 167(8) of the Sea Customs Act, 1878. The petitioner alleged that the purchased these watches from some merchants at Madras and in support of his statement produced certain bills. The Central Excise Authorities were satisfied that the purchase of 12 out of 22 watches had been satisfactorily established. Regarding the r...


Jan 23 1968

Hyderabad Co-operative Commercial Corporation Ltd. Vs. Syed MohiuddIn ...

Court: Andhra Pradesh

Decided on: Jan-23-1968

Reported in: AIR1970AP162

Kuppuswami, J.1. These are two appeals, the first by the Hyderabad Co-operative Commercial Corporation Limited (herein after referred to as 'H. C. C. C. Ltd.) through the Director of Civil Supplies, Hyderabad and the second by the State of Andhra pradesh, represented by the Deputy Secretary to the Government of Andhra Pradesh, Civil Supplies Department, against the same order D/-11-7-1967 of the second Additional Chief Judge, City Civil Court, Hyderabad, in E. A. 5/62 in E. P. No. 95/59 in O. S. No. 2 of 1959 o his file.2. Respondents 1 to 10 in these appeals are the same, respondent 1 being Syed Mohiuddin Khadri, the decree-holder in the above suit, who having dies is now represented by his legal representatives, respondents 2 to 10. Respondent 11 in C. M. A. No. 374/67 is the H. C.C.C. Ltd. represented by the Director of Civil Supplies, who, as stated above, is the appellant in C.M.A. No. 210 of 1967. Later applications were filed to add the Liquidator, H.C.C.C. Ltd. which is now und...


Jan 19 1968

R.D.K. Sita Devi Vs. C. Anna Rao and ors.

Court: Andhra Pradesh

Decided on: Jan-19-1968

Reported in: AIR1970AP43

Reddy, J. 1. These are appeals by the petitioner in I. A. Nos. 157, 158 and 159 of 1960 in O. P. No. 2452 of 1953 on the file of the Estates Abolition Tribunal, Nellore. 2. Pamur group and other Estates in Nellore and Chittoor districts had been taken over by the Government and compensation amounts were deposited before the Estates Abolition Tribunal. After the deposit of the compensation, there were several claims made against the Estate by charge decree-holders as well as others and the Tribunal held that the charge decree-holders who are 12 in number were entitled to priority and again divided the 12 charge decree-holders into seven categories as per priority among them. The petitioner who is common in these petitions, is one Srimathi Sita Devi, wife of Shri R. D. K. Venkat Mahipal Bahadur Varu. She had obtained a charge decree in O. S. 56 or 1927 on the file of Sub Court, Chitttoor towards her maintenance, on the Estate and thereupon she filed O. P. 2542/53 claiming the monies due ...


Jan 19 1968

The Public Prosecutor Vs. Kota Venkata Subramma and ors.

Court: Andhra Pradesh

Decided on: Jan-19-1968

Reported in: 1969CriLJ1074

Kondaiah, J.1. This batch of Criminal Appeals by the State have been preferred against the orders of acquittal passed by the Courts below boding that the provisions of Section 10(7) of the Prevention of Food Adulteration Act have not been complied with and acquitting the accused.2. Criminal Appeals 816/65 and 818/65 are against the orders of acquittal passed by the Addl. District Munsif-cum-First Class Magistrate, Guntur in C. C. Nos. 329/64 and 25/65 for the offence of selling adulterated milk by the accused on 26-6-64 and 22-9-64 respectively at Guntur. Criminal Appeals 844/65 and 845/65-are against the orders of acquittal passed by the Addl. District Munsif Magistrate, Eluru in C. C. Nos. 118/65 and 95/65 for selling adulterated milk on 24-4-65 and 27-4-65 respectively at Eluru. Criminal Appeal 22/66 is against the judgment of the Additional District Munsif Magistrate, Amalapuram in C. C. No. 101/65 acquitting the accused for the charge of being in possession of adulterated cow and ...


Jan 18 1968

M. Mohamad Haneef Vs. K.P. Narasi Reddy and ors.

Court: Andhra Pradesh

Decided on: Jan-18-1968

Reported in: AIR1969AP206; 1969CriLJ802

Sharfuddin Ahmed, J.1. The case arises out of a reference made by our learned brother, Vaidya J. in C. M. Ps. Nos. 2082, 2004 and 2006 of 1967. The point that has been referred to us is, whether the Sessions trial can be stayed pending an enquiry on the base of a private complaint. The facts necessary to appreciate the arguments on either side made briefly be stated.2. A preliminary charge-sheet was filed by the Police, Nandyal in Crime No. 6 of 1967 on the file of the Additional Judicial 1st Class Magistrate, Nandyal, against nine persons under Sections 148, 302 read with 34 and 149 I. P. C. with the allegation that on 7-9-1967 at about 7 a.m. while the deceased A. Dastagir Saheb, was returning with P. Ws. 1, 2 and 3 to their village from Nandyal after attending Second Show cinema, the accused (A-1 to A-9) waylaid and attacked the deceased at a distance of a 3 furlongs on Nandyal-Chabolu cart-track. The overt acts of the various accused were mentioned in Para 7 of the provisional char...


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