Court : Andhra Pradesh
Reported in : AIR1973AP99
1. This Second Appeal is by the defendant in O.S. 39/69 on the file of the Pri. District Munsif. Eluru against the judgment of the District Judge. West Godavari, confirming in appeal the decree passed in the suit by the trial Court.2. The suit was for the recovery of a sum of Rs.4,191-89 being the balance due on Pronote executed by the defendant on 30-3-1957. The plaintiff contended that he was the partner of Choudary Jewellery Mart along with one K. Narayanarao, that the defendant borrowed some monies for his agricultural purposes from the firm; that on accounts being looked into it was found that he wad due a sum of Rs. 1,860-14-0 and fro this sum he executed the promissory note in his favour as per the arrangement between him and his partners and thereafter the defendant had paid three sums of Rs.10/-, 10/- and 300/- and the balance is due and hence the suit.3. The defendant contended that he had not received any amount from the plaintiff, that the debt due by him was the Choudary J...
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1973]31STC55(AP)
Gopal Rao Ekbote, C. J.1. Messrs. Tirumala Timber Depot did business in timber at Gokavaram. The firm submitted in A-1 return a net turnover for the year 1968-69 on 29th April, 1969. The managing partner reported that the business had been stopped with effect from 31st March, 1969. A show cause notice was issued proposing best judgment assessment on the turnover of Rs. 2,07,000. The notice was also served on all the partners of the firm. One of the partners, K. Venkataramaiah, appeared before the assessing authority on 23rd February, 1970. He, however, stated that he had no account books and expressed his inability to produce the same. Y. Narasimha Rao appeared on 2nd March, 1970. It is in his name that the auction was confirmed. He was also not in a position to produce the account books. Another set of notices were also issued to the partners. Since no one took interest, the assessing authority to the best of its judgment reached the conclusion that the assessee-firm had purchased the...
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1972)IILLJ602AP
Kondaiah, J.1. This appeal by the appellant is directed against the order of the Employees State Insurance Court, Andhra Pradesh, Hyderabad allowing the application of the respondent under Section 75 of the Employees' State insurance Act, 1948 (hereinafter called 'the Act') restraining the appellant from collecting Employees' State Insurance contribution on Productivity Index Plan Bonus.2. The admitted or proved facts leading to this appeal, which lie in a short compass, may briefly be stated. The respondent-company which manufactures cigarettes, has employed about 2,400 workmen who are paid wages, dearness allowance and other allowances payable to the employees by an industrial establishment. Under the Payment of Bonus Act, 1965, employees are entitled for a minimum bonus of 4% up to a maximum of 20% depending upon the profits earned by the employer. The respondent-company and the Employees-Union thereof have entered into in 1965 and 1970 two settlements evidenced by Exts, A-1 and A-2...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1974CriLJ440
Gopal Rao Ekbote, C.J. 1. These appeals are from the judgment of Parthasarathi, J. given in Writ Petitions Nos. 3627 and 4004 of 1969 whereby the learned Judge allowed the Writ Petitions after holding that the order of release from the jail is void because it has no sanction of law and it is clearly outside the purview of Government Order dated 25-9-1969.2. The material facts in order to appreciate the contentions raised before us may briefly be stated.3. In Sessions Case No. 6 of 1968, the appellants, who were respondents 4 and 5 in W. P. No. 3627 of 1969 and the 4th respondent in W. P. No. 4004 of 1969. were arrayed as accused. They were charged with an offence of murder. After trial, they were, however, acquitted by the Sessions Judge. The High Court on appeal set aside the acquittal order. All the three persons referred to above were found guilty of the offence. They were convicted of the offence of murder and were sentenced to imprisonment for life. The decision was given by this ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1973AP118
ORDER1. This application is to revise the order of the learned District Judge, Anantapur, rejecting the application I. A. 109/69 filed under Sections 5 & 14 of the Limitation Act, for condoning the delay in filing the appeal against the Judgment and Decree of the District Munsif, Gooty, dismissing the suit O. S. No. 10 of 1966.2. The suit of O. S. 10 of 1966 was filed, in forma pauperis, for recovery of a sum of Rs. 1,948 /- being arrears of salary due to the petitioner from the defendant, the Union of India, represented by the General Manager, Southern Railway, from 24-11-1956 to 18-2-1961. It appears that the petitioner, employed by the defendant Railway, was suspended on 24-11-1956 and was re-instated by order dated 14-2-1961 and he rejoined duty on 18-2-1961. During the period of suspension, he was paid half the salary and half the allowances. As he was not paid the remaining half of the salary and allowances, after reinstatement he filed the suit O. S. 165 of 1957 on the file of t...
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1973)ILLJ46AP
Lakshmaiah, J.1. The constitutional validity of Sub-section (10) of Section 32 of the Payment of Bonus Act, 1965 is assailed in this writ petition filed by Hutti Gold Mines Kamgar Sangh, against their employer, the Hutti Gold Mines Company Limited, Raichur, Mysore State, the 2nd respondent herein.2. The petitioner is a registered trade union of employees working in the 2nd respondent's mines. The Government of India is impleaded as the 1st respondent. The 2nd respondent is the Hutti Gold Mines Co., Ltd., engaged in mining of gold. The 3rd respondent is the Industrial Tribunal, Hyderabad, constituted under Section 7A of the Industrial Disputes Act, 1947 to adjudicate upon a reference of an industrial dispute regarding payment of bonus between the petitioner and the 2nd respondent.The Hutti Gold Mines Company Limited is a company governed by the provisions contained in the Companies Act, 1956. It became a Government company on account of the Government of Mysore purchasing more than 51% ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1973AP16
ORDER1. The petitioner and two others are decree-holders in O. S. No. 343 of 1955 on the file of the court of the district Munsif, Srungavarapukota. They filed E. P. No. 146 of 1970 for execution of the decree on O. S. No. 343 of 1955. At that stage an obstruction was caused by the defendants to the delivery of possession. The decree-holders then filed E. A. No. 84 of the 1971 complaining the obstruction and for removal of the same. That application was opposed by the respondents by filing a counter. After several adjournments, the application E. A. No. 84 of 1971 stood posted for final hearing on 4.10.1971. on that date neither the respondents nor their counsel was present. They were, therefore, set ex parte and the petition for removal of the obstruction was allowed, and the delivery of the suit property was directed to be effected. Delivery was effected on 11.10.1971. two days later i.e., on 13.10.1971, the respondents filed E. A. No. 144 of 1971 under order 21, Rule 105 of the code...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1973AP24
Kondaiah, J.1. This appeal by a judgment-debtor gives rise to a short question of procedural law as to whether the executing court is bound to fix an upset price under Order 21, Rule 66 (2) of the Code of Civil Procedure.2. In order to appreciate the scope of the question, it is necessary to briefly state the material facts which are not in dispute and which lie in short compass; The 1st respondent obtained a money decree in O.S.No. 110 of 1969 for a sum of about Rs. 49,500/- on April 22, 1970 against the appellant and the respondents Nos. 2 and 3. In execution of the decree, 'A' and 'B' schedule properties were sought to be sold. The values furnished by the appellant and the decree holder in respect of the 'A' schedule property are Rs. 1,20,000/- and Rs. 25,000/- respectively. The court Amin valued the same at Rs. 40,000/-. The aforesaid values have been given in the sale proclamation. The request of the appellant to fix an upset price in view of the great disparity between the values...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1972AP338a
ORDER1. The petitioner has been carrying on motor transport business plying his bus APK 8244 as a contract carriage for transporting tourist parties from place to place on temporary permits obtained from the Regional Transport Officer, Vijayawada - the respondent herein as and when necessary. He has been paying the prescribed tax of Rs. 1020/- in respect of his contract carriage every quarter. He paid the same amount for the quarter starting with 1-4-70 and ending with 30th June, 1970. He obtained a temporary permit from the respondent valid from 13-4-1970 to 16-4-1970 for carrying a tourist party from Vijayawada to Bhadrachalam and back. The petitioner took in the tourist party to fulfill the contract.2. The Motor Vehicles Inspector, Flying Squad, Guntur served a check report on the driver of the petitioner on 14-4-70 on the road to Kondapalli on Tiruvur to the effect that the vehicle was carrying passengers and seized the bus for being kept in his custody. The petitioner immediately ...
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