Andhra Pradesh Court June 1971 Judgments
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The Public Prosecutor Vs. Veeramalla Veerareddy
Court: Andhra Pradesh
Decided on: Jun-29-1971
Reported in: 1972CriLJ1127
A.D.V. Reddy, J.1. This Appeal is by the State against the acquittal of the accused in C. C. No. 527 of 1969 on the file of the II Additional Judicial 1st Class Magistrate, Kakinada. on a charge under Section 16(a) and Section 7 read with Section 2(1)(a)(i) of the Prevention of Food Adulteration Act. 1964 (hereinafter referred to as the Act).2. The accused is a milk hawker in Kakinada. On 7-3-1969 at about 11 A. M., P. W. 1 the Food Inspector of Kakinada Municipality found him carrying a tin containing 12 ltrs. of mixture of cow and buffalo milk going on a cycle near hotel Indra Bhavan on the main road at Kakinada. He stopped him and purchased from him one ltr. of milk paying Re. l/- towards its cost. Thereafter he divided the milk into three portions, put them in three clean bottles, added formlin in each of the bottles, sealed them and gave one of them to the accused and sent one to the Public Analyst and his report showed that the milk contained 5.5 per cent of fat and 6.5 per cent ...
J.J.Muralidhara Rao Vs. State Of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jun-29-1971
Reported in: 1971(1)SLR523(AP)
( 1. ) THIS is an application for the issue of an appropriate writ declaring that the petitioner is a Lecturer in Mathematics in the Department of Technical Education on regular basis or in the alternative to direct the respondent to take action to relax the rules relating to age and qualification specified in the special rules relating to the Technical Education Service.( 2. ) THE petitioner obtained his M.A. degree in Second Glass in Mathematics from the Allahabad University. He was appointed as Lecturer of Mathematics in the Government Polytechnic, Proddatur on 17th September, 1959, by an order of the Director of Technical Education. He was then transferred as Lecturer in Mathematics to the Government Mining Institute, Kothagudem from gth December, 1960. His original appointment on 17th September, 1959, was said to be temporary under general Rule 10(a)(1) of the Andhra Pradesh Service Rules. At the time of the appointment he was duly qualified for the post and according to the rules...
Potti Veerayya Sresty Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Jun-28-1971
Reported in: [1972]85ITR194(AP)
Sriramulu, J. 1. At the instance of the assessee, the following question of law, under Section 256(1) of the Income-tax Act, 1961 (hereinafter called 'the Act'), has been referred to us for our opinion:'Whether, on the facts and in the circumstances of the case, the sum of Rs. 4,934 is includible in the assessee's income for the assessment year 1965-66 under Section 64(iii) of the Income-tax Act, 1961 ?'2. The facts that are material for answering the reference may briefly be stated : The assessee, who was assessed to tax in the status of individual, transferred promissory notes and cash of the total value of Rs. 40,000 to his wife on June 19, 1962. The assessee's wife invested a portion of the said assets in a cloth business of her own. For the assessment year 1965-66 the assessee's wife filed a return of her own, showing an income of Rs. 4,934 from the said cloth business. The Income-tax Officer was of the view that the said income arose to the assessee's wife out of the assets trans...
M.P. Ranga Rao Vs. P. Badrinarayan and ors.
Court: Andhra Pradesh
Decided on: Jun-25-1971
Reported in: AIR1972AP323
Alladi Kuppuswami, J.1. These two appeals are directed against the judgment and order dated 25-6-1971 in W. P. No. 5890 of 1970. The third respondent in the writ petition is the appellant in W. A. No. 197 of 1971. The State of Andhra Pradesh who is the first respondent in the Writ Petition is the appellant in Writ Appeal No. 215 of 1971. The questions of consideration in both the Writ appeals are identical and hence both the appeals are considered together in this judgment.2. The first respondent in both the with appeals is the petitioner in the Writ petition. He was appointed as a sub-overseer in the Municipal Corporation of Hyderabad in the year 1955. Later on this post was re-designated as Supervisor. In a vacancy in the post of Assistant City Planner, he was posted in July, 1970. He stated that the Standing Committee passed a unanimous resolution recommending his case for permanently posting him in the post and the Commissioner and Mayor also strongly recommended his case. After th...
Ganta Nookaraju and ors. Vs. Kuntsam Satyanarayana and ors.
Court: Andhra Pradesh
Decided on: Jun-25-1971
Reported in: 1972CriLJ66
ORDERA.D.V. Reddi, J.1. The point that arises for determination in this revision case is whether in proceedings under Section 145. Criminal P. C. the Magistrate concerned can appoint a Receiver to take possession of and manage the properties pending final orders.2. The dispute was with regard to Ac. 40-32 cents of land in Gopalapatnam village of Narisipatnam Taluk between the landlord and the tenants with regard to their respective rights under the Inams Abolition Act. There was civil litigation concerning the same and there were proceedings with regard to the delivery of possession. The A party claiming to be in possession in his own right, filed a petition before the Sub-Divisional Magistrate for initiating proceedings under Section 145. Criminal P. C. Thereupon M. C. No. 5/71 was registered and a notice was issued to the parties on 5-4-71 to appear and file their statements of claim and to adduce evidence by affidavits or otherwise. On 6-5-71 the Sub-Divisional Magistrate on the rep...
Regional Settlement Commissioner Evacuee Property, Bombay and anr. Vs. ...
Court: Andhra Pradesh
Decided on: Jun-24-1971
Reported in: AIR1972AP370
Gopal Rao Ekbote, J. 1. This is an appeal preferred against the order of a learned Single Judge made in W. P. No. 2763 of 1967 on 23-7-1969 whereby the learned Judge allowed the Writ Petition and declared the notification dated 29-4-1950 as invalid.2. The material facts which gave rise to the said writ petition are that the respondent herein (Golla Pentiah) filed an application under Article 226 of the Constitution of India for issue of a Writ of Mandamus restraining respondents 1 to 4 from interfering with his right, title and interest in the lands bearing survey Nos. 29 and 72 admeasuring acres 4-14 guntas and from evicting him from the said lands and delivering the said lands to the 5th respondent.3. The material averments made in the writ petition are that the petitioner claimed himself to be a protected tenant of the lands bearing Survey Nos. 29 and 72 situate at Lingojiguda village, Hyderabad East Taluk. Hyderabad District. It is alleged that the pattadar of the said lands was Am...
N. Krishna Prasad Vs. Assistant Controller of Estate Duty
Court: Andhra Pradesh
Decided on: Jun-24-1971
Reported in: [1972]86ITR332(AP)
Sriramulu, J.1. Nagavarapu Cheuchaiah and his son, Krishna Prasad, constituted members of a Hindu undivided family, governed by Mitakshara school of Hindu law. Chenchaiah, as the karta of the Hindu undivided family, died on 21st Aagust, 1966, Under Section 53(3) of the Estate DutyAct (hereinafter called 'the Act'), Krishna Prasad, the accountable person, filed before the Assistant Controller of Estate Duty, an account of the estate of the deceased. The value of the estate was determined by the Assistant Controller of Estate Duty at Rs. 3,32,814 and the half share of the deceased at Rs. 1,66,407. A sum of Rs. 1,000 was allotted for funeral expenses under Section 44 of the Act, and the value of the chargeable estate was determined at Rs. 1,65,407. For the purpose of determining the rate of estate duty, the Assistant Controller of Estate Duty aggregated the same with the value of the interest o! the lineal descendant, Krishna Prasad, so as to form one estate and on the value of the estate...
Ravula Anantaiah Vs. Nimmagadda Kistaiah and ors.
Court: Andhra Pradesh
Decided on: Jun-22-1971
Reported in: 1972CriLJ1693
ORDERA.D.V. Reddy, J.1. This petition is by the complainant examined as P. W. 1 in S, C. 15/70 on the file of the Assistant Sessions Judge, Nizamabad to revise the Judgment of the Sessions Judge, Nizamabad setting aside the conviction of the 16 accused under Sections 148 and 307, I. P.C. and under Section 324 I. P.C. against A-2, A-4 to A-11 A-14 to A 16 and Convicting instead only A-l, A-3. A-12 and A-13 under Section 323, I. P.C.2. The case of the prosecution was that there was a dispute on account of a Father in the Roman Catholic Church constructing a house in the site belonging to Brahmamgari Mattam in the Village of Dharmaram and in that connection there was a faction led by P. W. 1 on one side and A-l on the other and in October 1968. P. W, 1 was beaten on the pretext that he trespassed into the house of one Satyanarayana and molested his wife and as there was an apprehension of the breach of peace, the police took action under Section 107. Cr. P.C. that on 15-2-1969 K. Satyanar...
The State of Andhra Pradesh Vs. Rayi Gangaiah
Court: Andhra Pradesh
Decided on: Jun-21-1971
Reported in: AIR1973AP71
1. The unsuccessful defendant, which is the State of Andhra Pradesh is the appellant in these second appeals. The respondent-plaintiffs filed the suits out of which these second appeals arise for declaration of their titles in respect of their respective areas and that they have perfected their titles by adverse possession. Their case is that these sites originally formed part of village site or Gramakantham in the village of the Yerajerla in the formar Zamindari estate of Venkatagiri. That estate was notified and abolished on 7.9.1949. In the subsequent settlement proceedings, these sites were included in Survey No. 292 and were shown as portions of the burial ground and cattle stand poramboke. The plaintiffs contended that the Government had no manner of right to do so, because even before the Abolition Act came into force, they had been in possession of the sites for more than 30 years and raised constructions therein. Under Section 21 of the Estates Land Act, they could not be evic...
Chinni Ramakrishna Rao Vs. Registrar, Andhra University and ors.
Court: Andhra Pradesh
Decided on: Jun-21-1971
Reported in: AIR1972AP127
Parthasarthi, J.1. This is an appeal from the decision of our learned brother Sambasivarao, J., in Writ Petition No. 141 of 1971. The Appellant was one of the candidates at an examination held by the Andhra University for the students who completed the Second year of B.Com., degree course. On 17th April 1970 when the appellant was answering the question paper in English poetry, the Assistant Superintendent searched his pockets and found a piece of paper on which was written matter relevant to the subject of the examination.2. On being questioned, the appellant admitted the mal-practice and addressed a letter to the Chief Superintendent. In that letter he confessed to having brought a piece of paper relating to English poetry examination, in spite of warnings given by the Assistant Superintendent at the outset. He also accepted the fact that the paper was in his pocket and was picked by the Superintendent on a search made by him. He further prayed for the condonation of the mal-practice...
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