Andhra Pradesh Court March 1971 Judgments
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T. Nagireddi and Vs. the State of Andhra Pradesh, Hyderabad and ors.
Court: Andhra Pradesh
Decided on: Mar-22-1971
Reported in: AIR1971AP405
ORDER1. This is an application by two underial prisoners in the District Jail, Secunderabad, for the issue of directions or orders or any other form of writ in regard to the following matters.(a) to supply to the petitioners and others and jail manual: (b) to allow all the news papers, periodicals and books which are not proscribed by the Government to its citizens; (c) not to resort to any sort of censorship of newspapers,. periodicals and other books; (d) to allow the petitioners and others to have a transistor radio and typewriter for use in the jail. It is stated that no allowing books, censoring all the newspapers; not allowing transistor radio and typewriter and non-supply of Jail Manusal are unreasonable restrictions which are against the fundamental rights of the petitioners and also opposed to natural justice and the spirit of the Constitution.2. These request have to be considered in the light of the relevant provisions of the Hyderabad Prisons Act 1954 (Act 29 of 1954) and ...
Malladi Narayanamuthi and ors. Vs. State of Andhra Pradesh Represented ...
Court: Andhra Pradesh
Decided on: Mar-22-1971
Reported in: 1972CriLJ532
Obul Reddi, J.1. This writ appeal is directed against the order of our learned brother, Gopal Rao Ekbote, J. dismissing the application filed by the appellants for the issue of a Writ of certiorari.2. The appellants challenge the proclamation dated 21-12-1964 issued by the Government under Section 15 of the Police Act, 1861 declaring that the area comprised within the limits of the five villages mentioned therein has been found to be in a disturbed state and that the conduct of the inhabitants made it expedient to appoint additional police force for maintaining public peace in that area. It was also notified that the expenditure incurred bv the Government in quartering the additional police force shall be borne by the appellants belonging to party 'A' and the members belonging to Party 'B' as shown in the annexure, according to the apportionment to be made by the District Magistrate. The police force was initially quartered for a period of six months and it was extended from time to ti...
Kuppam Narsimhulu Setty and Co. and anr. Vs. State of Andhra Pradesh ( ...
Court: Andhra Pradesh
Decided on: Mar-22-1971
Reported in: 1972CriLJ1133
ORDERMadhava Reddy, J.1. The petitioners herein were convicted for an offence under Clause (4) of the Andhra Pradesh Rice Procurement (Levy) and Restriction on Sale Order. 1967 read with Sections 3 and 7 of the Essential Commodities Act for having attempted to transport 150 bags of rice from the State of Andhra Pradesh to the State of Madras on the night of 3-6-1969. On samples being taken and sent to the Food Corporation of India for opinion, it was found that the bags contained 33-1/3 per cent, whole rice and 66-2/3 per cent, broken rice. The District Revenue Officer, Nellore who is the competent authority in this behalf directed confiscation of 75 bags thereof holding the accused guilty of contravening Clause (4) of the Andhra Pradesh Rice Procurement (Levy) and Restriction on Sale Order. 1967. On appeal the learned Sessions Judge has confirmed the order of the District Revenue Officer, Nellore but reduced the confiscation to 50 bags only.2. In this revision petition, it is argued b...
A. Thavitayya Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Mar-19-1971
Reported in: AIR1972AP184
Obul Reddi, J.1. This Writ Appeal and Writ Petition can be conveniently disposed of by a common order as the question involved in all these cases is whether the state Government is empowered under Section 64-A of the Motor Vehicles Act (hereinafter referred to as the Act) to dismiss a revision petition filed by an aggrieved party against the order of the lower authority 'summarily' without calling for records.2. These are all cases relating to suspension of stage carriage permits under Section 60 of the Act for violation of the conditions of the permits and we are only concerned with the revisional powers of the Government under Section 64-A of the Act. The Regional Transport Authority and the appellate authority have found in all these cases that he petitioners are guilty of contravention of the conditions of the permits (sic) was justified. Aggrieved by the orders of the appellate authority in each of these cases the petitioners moved the State Government under Section 64-A of the Ac...
Nadella Narayana Prasada Rao and ors. Vs. State of Andhra Pradesh and ...
Court: Andhra Pradesh
Decided on: Mar-18-1971
Reported in: AIR1972AP331
ORDER1. The petitioners seek a writ of Mandamus commanding the State of Andhra Pradesh and the Tahsildar, Gannavaram Taluk, respondents 1 and 2 respectively to refrain from enforcing the provisions of the Madras Land Encroachment Act, 1903 against them.2. The material facts may be briefly stated here. The lands are situate in Vuyyuru which is an estate village in Vuyyuru estate. That estate was taken over by the Government under the Estates Abolition Act. These lands were purchased in the year 1922 by one Nadella Veerabhadraiah and Kopuru Kotaiah for Rs. 10,000/- from Akkineni Venkata Ratnam. When in 1929 survey was made, it was found that the land was in occupation of N. Virabhadraiah and K. Kotaiah, Pata No. 153 was granted to them accordingly and they continued to enjoy the land under the said patta. There was division between the two persons later and the Village Officers were collecting the wet cist from each sharer every year until now. The entire land is Ryoti land in respect of...
Sanapala Krishna Murthy and ors. Vs. State Represented by the Addl. Pu ...
Court: Andhra Pradesh
Decided on: Mar-17-1971
Reported in: 1972CriLJ935
ORDERMadhava Reddy, J.1. This Criminal Revision case is directed against an order of the learned 1st class Magistrate. Ichapuram rejecting Cri. M. P. No. 71/70 for summoning other eye-witnesses to the incident in P. R. C. 1/70 on his file.2. P. Ws. 1 and 2 who are said to be direct witnesses to the occurrence were examined and the accused wanted that the other so called eve witnesses also should be examined. That petition having been dismissed. they moved the learned Additional Sessions Judge-cum-Addl. District Magistrate Srikakulam to refer the matter to the High Court. That petition haying been dismissed they have filed this criminal revision case.The case against the six accused is for offences under Sections 147, 323 and 380 I. P.C. It was originally taken up as calendar case but was later converted into a P. R. C. proceedings. Among several eve witnesses two witnesses were examined. The learned Magistrate having found that the evidence of there two witnesses who according to their...
Bhoganadham Seshaian Vs. Budhi Veerabhadrayya (Died) and ors.
Court: Andhra Pradesh
Decided on: Mar-15-1971
Reported in: AIR1972AP134
Gopal Rao Erbote, J. 1. This Letters Patent Appeal has come to us on a reference made by our learned brothers Narasimham and Parthasarathi, JJ. The learned Judges thought that the main issue and the only question involved in the appeal is 'whether the amendment by including a new prayer, which was tantamount to a fresh execution petition. could be ordered after 12 years disregarding the provisions of Section 48 of the Civil Procedure Code.' They noticed that conflict of views exists in the Judgments of Jorama v. Latchanna Dora, AIR 1940 Mad 19 and Venkata Lingama Nayanim v. R. Venkata Narasima Rayanim, 1946-2 Mad LJ 383 = (AIR 1947 Mad 216). They consequently felt that the point involved being one of sufficient important and as the fate of the appeal depended in their view upon the answer to the said question, they referred the appeal for decision to the Full Bench. 2. The facts relevant for the purpose of appreciating the contentions raised before us lie in a narrow compass and are to...
Era Mallappa Vs. Sriram Venkatanarasiah
Court: Andhra Pradesh
Decided on: Mar-11-1971
Reported in: AIR1972AP295
Venkateswara Rao, J.1. This appeal under clause 15 of the Letters Patent arises out of a suit filed for redemption of a usufructuary mortgage and is directed against the judgment of our learned brother. Parthasarathi, J. in S. A. No. 593 of 1969. Plaintiff in the suit is the appellant before us.2. The suit was filed for redemption of a usufructuary mortgage. Ex. A-1 dated 29-6-1927, which the predecessors - in-title of the plaintiff executed in favour of Yellappa, the father of defendants 1 to 5; and recovery of possession of the properties together with past and future profits. Three items of property, which were hypothecated under Ex. A-1, were conveyed by late Yellappa in favour of the 11th defendant under a registered sale deed. Ex. B-4 dated 9-9-1941. The validity and binding nature of this alienation is impeached in paragraph 7 of the plaint on the ground that the alliance is not a bona fide transferee for value without notice of the mortgage. The suit was resisted by the 11th de...
Sri Sambu Trading Co. and ors. Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Mar-11-1971
Reported in: 1972CriLJ542
ORDERNarasimham, J.1. This is a revision petition filed against an order of confiscation of foodgrains under Section 6A of the Essential Commodities Act 1955 in proceedings Rs. 4360/69, Section 2 dated 30-12-1969, of the District Revenue Officer and Collector and District Magistrate (in-charge) Guntur. It would appear that the said order of confiscation was confirmed by the Appellate Authority.2. For the first time in revision. the learned Counsel has contended that. under Section 6A of the Essential Commodities Act, 1955 the competent officer to confiscate is the Collector of the District after issuing a show cause notice under Section 6A of the Act and hearing the affected party.3. My attention is invited to the show cause notices dated 12-10-1969 (4360/69 Section 2) and 21-11-1969 (RC S2-4360/69) issued to the party by the District Revenue Officer, Guntur. It would appear that the ultimate order of confiscation was passed by a different officer designated as the District Revenue Off...
G. Venkayya and ors. Vs. S.H.O. Ongole Town P.S. Ongole and anr.
Court: Andhra Pradesh
Decided on: Mar-11-1971
Reported in: 1972CriLJ439
ORDERLakshmaiah, J.1. This criminal miscellaneous petition is filed under Section 561A of the Code of Criminal Procedure (referred to hereinafter merely as the Code) seeking the quashing of the charges framed in P. R. C. No. 5 of 1970 on the file of the Judicial Second Class Magistrate. Ongole against the petitioners under Section 302 read with Sections 147. 148. 34. 149 and 109. I. P. C. by the committal order dated 26-11-1970. committing the petitioners to Sessions.2. The petitioners were charged by the police with having committed offences punishable under Section 302 read with Sections 147. 148. 34. 149 and 109. I. P. C. The case of the prosecution was that at about 9 A.M. on the morning of June 23. 1970 one by name Srinivasa Rao. the deceased and his brother Ramakrishna were going along the street when the petitioners rushed to the place, of whom petitioners 3 and 4 caught hold of Sreenivasa Rao, the deceased the 4th petitioner exerting the 1st petitioner to stab the deceased wher...
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