Andhra Pradesh Court November 1973 Judgments
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The Public Prosecutor (A.P.) Vs. Patan Mahaboob Valli Khan
Court: Andhra Pradesh
Decided on: Nov-23-1973
Reported in: 1974CriLJ1069
Chennakesav Reddy, J.1. The murder in this case is one of the common types as old and primeval as the sound of surf on the rocks at the sun-set murder due to sexual jealousy.2. The locale of this tragic incident is a private nursing home of one Dr. Janardhana Reddy (P. W. 5) in a town in Cuddapah district called Rayachoti and evidently populated by a lively mixture of Hindus and Muslims. It happened on the morning of 11-9-1971 at about 10-45 A. M. The victim, Ameenabi, is an young married woman of 25 years with two daughters, P. Ws. 2 and 4 in the case, aged 11 years and 7 years respectively. The accused an equally young man of about 23 years had a romantic interest in the deceased woman. Her husband P.W. 7 was employed as a peon in the local library.3. The accused and the deceased lived in the same locality known as Kothapalli in Rayachoti town. They were neighbours. P.W. 7 suspected his wife's illicit intimacy with the accused and shifted his residence to another locality known as Ma...
Nittala Suranna and Sons and ors. Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Nov-16-1973
Reported in: [1975]35STC268(AP)
Gopal Rao Ekbote, C.J.1. This is an application filed under Article 226 of the Constitution for the issue of an appropriate writ, order or direction declaring the levy and collection of purchase tax on the turnover of dried coconuts derived out of tax-paid watery coconuts sold by other dealers during the' assessment years 1967-68 to 1970-71 as without authority of law and to interdict the respondents from subjecting such turnover to tax by virtue of entry 5 to Schedule III of the Andhra Pradesh General Sales Tax Act and to consider the applications of the petitioners for refund of tax assessed on coconuts in accordance with the law laid down by this court.2. The brief facts are that the petitioners are dealers in dry coconuts. They make purchases of dry coconuts from dealers who sell them in East Godavari District. The dealers who sell goods to the petitioners, in their turn, purchase watery coconuts. On these transactions tax would be paid on watery coconuts. It is the vendors who pay...
Lakshmamma and anr. Vs. Thayamma
Court: Andhra Pradesh
Decided on: Nov-12-1973
Reported in: AIR1974AP255
Alladi Kuppuswami, J.1. This appeal raises an interesting question, namely whether a spouse is entitled to apply under Section 11 of the Hindu Marriage Act for a declaration by a decree of nullity, that the marriage is null and void, after the death of the other spouse.2. The respondent herein is the second wife of one Narasappa who died in 1966. Narasappa married her in 1962 even during the lifetime of his first wife the appellant herein ; the second appellant being the son of Narasappa by her. The respondent file O.S. 35 of 1968 on the file of the Sub-Court, Adoni on her behalf and on behalf of her minor child for partition and division of her late husband's properties. The suit was dismissed on the ground that the marriage of the plaintiff was void as it took place during the lifetime of the first appellant herein. The legitimacy of the petitioner's minor child could not be considered in the suit as there was no decree of nullity obtained by that time.3. The respondent herein theref...
Parimi Venkanna Vs. Managing Partner, Modern Spun Pipe Co.
Court: Andhra Pradesh
Decided on: Nov-09-1973
Reported in: (1974)IILLJ347AP
Sambasiva Rao, J.1. The question that I am called upon to answer in this civil revision petition is whether cross-objections lie at the instance of the respondent in an appeal preferred under Section 17 of the Payment of Wages Act, 1936.2. The material facts are brief: The revision petitioner is an employee in the service of the respondent. He filed a claim before the authority under the Payment of Wages Act, Visakhapatnam, for Rs. 2,875 as delayed wages and for Rs. 700 as compensation. When the case was taken up for hearing the claimant was present. But the employer was absent. He was set ex parte and a direction was given to him to pay the sum of Rs. 2,875 claimed as delayed wages within 15 days from the date of the receipt of the direction. The authority, however, did not grant the claim for compensation. The employer preferred an appeal to the District Judge, West Godavari at Eluru who was constituted as the appellate authority under the Act against the direction. The claimant, how...
Narasimha Vs. Production Engineer and anr.
Court: Andhra Pradesh
Decided on: Nov-08-1973
Reported in: AIR1974AP264
Gopal Rao Ekbote, C.J. 1. This is an application filed under Art 226 of the Constitution for the issue of a writ of certiorari to quash the order of the 1st respondent dated 5-4-1972 and that of the 2nd respondent confirming the same dated 1-7-1972. It arises in the following circumstances.2. The petitioner was employed as a Khalasi on 3-12-1952. He was promoted thereafter on 18-1-1967 as furnace man. He was found to be in possession of copper wires belonging to the Railway. He was therefore prosecuted under Section 3(a) of the Railway Property (Unlawful) Possession Act, 1966. The Trial Court found him guilty under the said section and sentenced him to undergo rigorous imprisonment for one month. The petitioner therefore filed Criminal Appeal No. 126 of 1971. The Chief City Magistrate-cum-Addl. Sessions Judge and District Magistrate, Hyderabad by his judgment dated 19-8-1971 agreed with the conclusion of the trial Court that the petitioner has committed the offence in question. The lea...
Bhimdas and ors. Vs. P. Kanthamma (Died) and ors.
Court: Andhra Pradesh
Decided on: Nov-07-1973
Reported in: AIR1974AP266
1. Defendants 3 to 7 are the appellants in Second Appeal. The 3rd defendant purchased the suit property from defendants 1 and 2 under a sale deed dated 10-9-1957 . The plaintiff who died subsequent to the filing of the second appeal, claimed that the property was inherited by her from her mother and sued for cancellation of the sale deed executed by defendants 1 and 2 in favour of the 3rd defendant and for possession of the suit property. According to the case of the 3rd defendant , the property originally belonged to the defendants 1 and 2. The 1st defendant sold the property to Janakamma, the mother of the plaintiff on 29-4-1946. Janakamma died in 1950. Before her death Janakamma joined her husband, the 1st defendant and his brother the 2nd defendant in executing a mortgage over the suit property. The mortgagee filed O. S. No. 208/1956 to enforce the mortgage. When the property was about to be brought to sale the 3rd defendant to whom the property had been sold in the meanwhile by de...
Adapa Abbayi Vs. Reddipantulu Choudhry and ors.
Court: Andhra Pradesh
Decided on: Nov-01-1973
Reported in: AIR1974AP139
Ekbote, C.J. 1. This revision petition raises a question of law which is of far-reaching importance. It arises in the following circumstances.2. The respondent herein filed an application under Section 13 (a) of the Andhra Tenancy Act, hereinafter called 'the Act', for terminating the tenancy and eviction of the petitioner herein, the tenant. It was alleged that petitioner had to pay rent for the fasli year 1374 on 15th January 1965, but paid the amount in two instalments, on 6-5-1965 and the other on 20-7-1965. Rent for the Fasli year 1375 was due on 15-1-1966 but was paid on 6-3-1966. Similarly the rent for the Fasli year 1376 although due on 15-1-1967, was actually paid on 24-3-1967. For the Fasli Year 1377 the rent was paid on 3-4-1968 although it fell due on 15-1-1968. 3. Thus even though on the date of petition, no rent was due, the petition was based on the defaults for the four years as above inasmuch as the rents were not paid on due dates. Even though the rents were subsequen...
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