Andhra Pradesh Court February 1968 Judgments
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Basti Ram NaraIn Das Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Feb-28-1968
Reported in: AIR1969AP227
ORDER1. The petitioners in the several Writ Petitions are Bidi Manufacturers in the Telangana area of the State of Andhra Pradesh. All of them question the validity of G. O. Ms. No. 1617 Home (Labour II) dated 23-7-1966 by which the Government of Andhra Pradesh revised the minimum rates of wages of workers engaged in Bidi Manufactory. The facts necessary for the disposal of these writ petitions are as hereunder:G. O. Ms. No. 659 dated 22-3-1965 containing a draft proposal to revise, minimum rates of wages of workers, employed in Tobacco (including Bidi making ) Manufactory in the manner mentioned in the Schedule was published in the Andhra Pradesh Gazette on 24-3-1965 and by the same notification the Government invited all persons affected to make their representations before minimum Wages Act. The Schedule in so 1-6-1965 as required by Sec. 5(1)(b) of the far as it is relevant was as follows:'SCHEDULE.SL.No.Category of WorkersAll inclusive minimum rates.Daily Monthly123II* * *Bidi Man...
Samanthapudi Surannamukhi Vs. Samanthapudi Virupakshamma
Court: Andhra Pradesh
Decided on: Feb-27-1968
Reported in: AIR1969AP23
ORDER1. The short question that falls for determination in this Civil Revision Petition is whether the petitioner-plaintiff has a right to sue on the date of the institution of the suit.2. The petitioner-plaintiff filed a Small Cause suit No. 362 of 1965 for recovery of a sum of Rs. 700/- and odd being half the share payable to him by defendant in the suit. It was her case that she and the defendant were co-judgment-debtors in O. S. 88 of 1961 on the file of the Court of the Subordinate Judge, Kavali, in which a joint and several decree was passed against them. In the execution of the decree in E. P. 230 of 1962, the plaintiff's property was brought to sale and she was compelled to pay the entire amount totalling Rs. 1400 and odd in full satisfaction of the decretal amount. She, therefore, brought a suit for contribution against the co-judgment-debtor, the defendant, on 24-9-1965. Unfortunately for her she was adjudged insolvent on 1-8-1964 i.e., nearly one year prior to the filing of ...
K. Panchakshara Reddy Vs. N. Krishna Reddy
Court: Andhra Pradesh
Decided on: Feb-27-1968
Reported in: AIR1969AP67
ORDER1. This Civil Revision Petition is directed against the order the District Munsif, Puttur in I. A. No. 86 of 1966 filed for setting aside an exparate decree dated 26-11-1966.2. The plaintiff instituted a small cause suit No. 190 of 1966 against the petitioner (defendant) for the recovery of a sum of Rs. 319. 41 due on certain dealings. The defendant was ex parte abd ib 26-11-1966 a decree was passed On 9-12-1966 the present interlocutory application was filed for setting aside the ex parte decree.3. The main ground alleged in the I. A. is that the defendant was not in the village and that he had gone away to Tirupati. On the contrary, the evidence led by the plaintiff, who opposed the application for setting aside the ex parte decree, was that the petitioner was present in the village when the notice of suit was taken for service but that the refused to receive the summons and that his uncle one Rosi Reddi took away the summons from the process server's hands and drove him away. T...
G. Krishna Rao and ors. Vs. the First Additional Gift Tax Officer, Gun ...
Court: Andhra Pradesh
Decided on: Feb-26-1968
Reported in: [1968]70ITR812(AP)
Seshachalapati, J.1. This is a petition under Article 226 of the Constitution of India for the issue of a writ of certiorari or any other appropriate writ or order to quash the notice dated 30-11-1962 issued to the petitioners by the respondent, the Additional Gift Tax Officer, Guntur. The Petitions 1, 2, 5 and 6 are the sons and Petitioners 3 and 4, the daughters of late G. V. Srinivasarao, who was a leading Advocate in Guntur. Sri Srinivasa Rao acquired considerable properties. On 4-3-1958 Sri Srinivasa Rao gifted certain properties to his daughters, Petitioners 3 and 4 of the value of Rs. 10,000. By an affidavit dated 26-3-1958, he declared his intention to treat his self-acquired properties referred to in the affidavit as properties belonging to the family consisting of himself and his four sons. On 27-3-1958, he effected a partition of the said properties between himself and his sons by a registered instrument.2. On information received of certain dispositions by late Srinivasarao...
P. Thimmappa Vs. P. Chinna Thimmappa and ors.
Court: Andhra Pradesh
Decided on: Feb-23-1968
Reported in: AIR1969AP222; 1969CriLJ852
Venkateswara Rao, J.1. This criminal Appeal, which is preferred by the complainant in CC. 375/65 on the file of the judicial Second Class Magistrate, Uravaents (accused) under Sec. 247 , Cr. P. C., has been referred to the Bench for a decision by our learned brother Venkatesam, J, questions involved viz., whether the word `day' in Section 247 Criminal P. C. means the whole working day of the Court or only the time when the case is called for hearing and whether even if the Magistrate has jurisdiction to set aside the acquittal made by him under Section 247 Criminal P. C., the High Court is not entitled to go into the sufficiency of the cause of the absence of the complainant and set aside the acquittal if satisfied about it.2. The appellant filed C. C. 375/65 against the respondents under Sections 328 and 352 I. P. C. After the examination of the complainant and his witness was concluded, the case was adjourned to 25/9/65 to enable the respondents to examine the Town Inspector as a def...
K. Papi Reddi Vs. P. Lakshmi Narayana and anr.
Court: Andhra Pradesh
Decided on: Feb-23-1968
Reported in: AIR1968AP381
Venkateswara Kao, J. 1. This Criminal Appeal, which is preferred by the complainant in C.C. No. 666 of 1985 on the file of the Judicial Second-Class Magistrate, Allagadda, against the acquittal of the respondent herein under Section 247. Cr.P.C., has been referred to the Bench, by out learned brother Kondiab. J., having regard to the fact that another Appeal No. 57 of 1966 (Andh Pra.) involving questions similar to those arising in this appeal has already been referred to the Bench for decision, 2. A private complaint tiled by the ap pell ant against the respondent under Section 98 of the Cram Panchayat Act in the Court of the Judicial Second-Class Magistrate, Allagadda, was registered as C.C. No. 666 of 1985. This case stood posted to 2-11-1965 for examination of the complainant and his witnesses. As the complainant was not present either in person 'or by Pleader when the case was called on for hearing on 2-11-1965, the learned Magistrate acquitted the respondent under Section 247, Cr...
K. Papi Reddi Vs. P. Lakshmi Narayana, Manager, Sri Lakshmi Narasimha ...
Court: Andhra Pradesh
Decided on: Feb-23-1968
Reported in: 1968CriLJ1644
Venkateswara Rao, J.1. This Criminal Appeal, which is preferred by the complainant in C.C. No. 666 of 1965 on the rile of the Judicial Second-Class Magistrate, Allagadda, against the acquittal of the respondent herein under Section 247, Cr.P.C., has been referred to the Bench, by our learned brother Kondiah, J., having regard to the fact that another Appeal No. 57 of 1966 (Andh. Pra.) involving questions similar to those arising in this appeal has already been referred to the Bench for decision.2. A private complaint filed by the appellant against the respondent under Section 98 of the Gram Panchayat Act in the Court of the Judicial Second-Class Magistrate, Allagadda, was registered as C.C. No. 666 of 1965. This case stood posted to 2.11.1965 for examination of the complainant and his witnesses. As the complainant was not present either in person or by Pleader when the case was called on for hearing on 2.11.1965, the learned Magistrate acquitted the respondent under Section 247, Cr.P.C...
Public Prosecutor Vs. C.B. Thyagarajan
Court: Andhra Pradesh
Decided on: Feb-21-1968
Reported in: AIR1968AP362; 1968CriLJ1570; (1969)IILLJ209AP
1. This appeal by the State is against the acquittal of the accused-respondent by the Sessions Judge, Chittoor in allowing the Criminal Appeal No. 127/65, holding that the finding of the trial Court that the accused has contravened Section 92 of the Factories Act was unsustainable.2. The case for the prosecution is that in the year 1963-64, the accused-respondent, without obtaining the requisite licence, has been working his flour mill, known as Ambika Mills, on the premises No. 419/7, renumbered as 9-2-20 in Jandamanu Street, Chittoor to which the provisions of the Factories Act are declared under Section 85(1) of the Act to be applicable, as a manufacturing process was being carried on, when Murali Mohan Mills was functioning, and hence contravened the provisions of Section 92 of the Factories Act.3. The plea of the accused is that the declaration contemplated in Section 85(1) is not in respect of the premises but manufacturing process carried on in the premises and he has started bi...
Gandi Satyanarayana and anr. Vs. Jarabla Hansli and ors.
Court: Andhra Pradesh
Decided on: Feb-21-1968
Reported in: 1970CriLJ778
ORDERKondaiah, J.1. This revision case by the petitioners is directed against the order of the First Class Magistrate, Mahbubabad Warangal District, in Cr.M.P. No. 11 of 1968 in P. R. Case No. 7 of 1967 adding the petitioners as accused Nos. 20 and 21 in the final charge-sheet and ordering nonbailable warrants for them.2. At about 3 a.m. on 2-11-1967. at Dornakal Railway Station, there was an attack by the accused party on the prosecution party in P.R.C. No. 7 of 1967, as a result of which two persons belonging to the prosecution party died and a number of persons were injured. In the course of the investigation, a preliminary charge-sheet was filed by the Police against 21 persons and the petitioners being accused Nos. 20 and 21. Subsequently, after the completion of the investigation, the Police filed the final charge-sheet against 19 persons as accused, deleting the names of petitioners herein who figured originally as accused Nos. 20 and 21 in the preliminary charge-sheet. The case...
Manne Venkatanarayana Vs. Tivari Yagna Prasad (Died) and ors.
Court: Andhra Pradesh
Decided on: Feb-19-1968
Reported in: AIR1969AP335
A.D.V. Reddy, J. 1. This appeal arises out of the judgment of our learned brother Krishnarao, J., confirming in appeal with some modifications the decree for redemption and accounts passed by the Subordinate Judge, Narsapur in O. S. No. 13 of 1960 on his file. 2. The question for determination in this appeal, i.e., whether the provisions of Section 13-A of the Andhra Pradesh Agriculturists' Relief Act 4 of 1938 (hereinafter referred to as the Act ), apply to one of the mortgages executed by the plaintiffs in favour of the defendant, arises under the following circumstances: The plaintiffs, of whom the 1st plaintiff is the grandfather of plaintiffs 2 and 3 had jointly executed a mortgage deed Ex. B-1 in favour of the defendant for a sum of Rs. 25,000 carrying interest at 0-9-0 per cent per mensem on 25-8-1947. They had also executed another mortgage deed Ex. B-4 in favour of the same defendant for Rs. 4,000 carrying interest at Re. 0-12-6 per cent per mensem on 13-3-1948. They made two ...
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