Andhra Pradesh Court December 1973 Judgments
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Y. Laxmi Prasannam Vs. Y. Narasayya and anr.
Court: Andhra Pradesh
Decided on: Dec-31-1973
Reported in: AIR1975AP91
Sriramulu, J. 1. O. S. No. 14 of 1962 was filed in the Court of the Subordinate Judge, Machilipatnam, by the wife against her husband (defendant No. 1) husband's adopted son (defendant No. 2) and husband's brother (defendant No. 3) for the recovery of possession of the two items of plaint A' schedule properties which consisted of wet land measuring Ac. 6-88 cents in Medur village, and for past and future mesne profits, on the basis or the registered gift-deed dated 11-9-1951 executed in her favour by her husband, defendant No. 1,2. The defendants resisted the suit contending that the said gift deed was executed under coercion and was, therefore, not valid and binding on them. Defendant No. 2 claimed rights to the plaint schedule properties of defendant No. 1 as the adopted son of D-l. Defendant No. 3, the brother of defendant No. 1, claimed rights to some of the properties of the 1st defendant on the basis of certain gift deeds.3. The trial Court held that the gift-deed, on the basis o...
R. De Sequaira Vs. Government of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Dec-31-1973
Reported in: (1975)IILLJ148AP
Lakshmaiah, J.1. This is a petition filed under Article 226 of the Constitution of India, seeking the issuance of a writ of certiorari for the purpose of quashing an order, G.O. Ms. No. 730 Health, dated April 15, 1972 passed by the Government of Andhra Pradesh, the, Ist respondent herein whereby the petitioner, Kumari R. De Sequaira, former Assistant Director of Medical and Health Service (Nursing) was directed to be dismissed from service.2. The petitioner was appointed in the year 1937 in the former Hyderabad State as a staff nurse. She was promoted in the year 1947 to the gazetted post of senior matron, and in the year 1954, to the posit of Assistant Director Nursing in Medical and Health Department, and she continued in that post even subsequent to the formation of the Andhra Pradesh to which State she was allotted.3. By G.O. Ms. No. 686, Health, dated March, 23, 1965, the petitioner was placed under suspension, pending an inquiry into certain charges of corruption against her. Th...
Abdul Qayyum Vs. Durdana Begum and ors.
Court: Andhra Pradesh
Decided on: Dec-31-1973
Reported in: 1974CriLJ873
ORDERMuktadar, J.1. The facts which give rise to this revision are these: The respondents herein filed a petition in the Court of the 1st Class Magistrate. Armoor for the grant of maintenance under Section 488 Cr.P.C., alleging that the respondent No. 1 who is the lawfully wedded wife of the petitioner was ill-treated by the Petitioner about seven months prior to the filing of the petition, at a time when the respondent No. 1 was pregnant and was driven away from the house of the petitioner after taking all the gold ornaments belonging to her. Thereafter the respondent No. 2 was born to the respondent No. 1. The petitioner herein has not at all been maintaining both the respondents and therefore they prayed for the grant of maintenance at the rate of Rs. 50/- per month to the 1st respondent and Rs. 25/-per month for the 2nd respondent. It has also specifically been stated in petition that the petitioner herein resides at Nizamabad proper and the respondents reside at Armoor which is wi...
M. Appala Ramanujacharyulu Vs. M. Venkatanarasimhacharyulu and ors.
Court: Andhra Pradesh
Decided on: Dec-24-1973
Reported in: AIR1974AP316
Kondaiah, J.1. The only question that is urged for our decision is whether, on the facts and in the circumstances the endowment of items 65 to 73 of the plaint 'A' Schedule settled by the late Ramanujacharyulu under Ex. A-11 dated 21st September 1929 is nominal or real.2. In order to appreciate the scope of the question, it is necessary to briefly state the facts that gave rise to the same. Ramanujacharyulu, the grandfather of the plaintiff-appellant herein, who was driven out of his family by his father while he was quite young, had settled in the Agency areas and worked as Karnam of several villages for a number of years and earned considerable properties and died in or about the year 1932, leaving behind him his wife Latchamma, a divided son the Ist defendant herein, a keep and some properties. In the year 1918, he created an endowment of Ac. 66-75 cents of rain-fed lands which fell to his share in the family division with his only son, the 1st defendant in the year 1916, for the so...
Mothika Mutyalu and anr. Vs. Mothika Appayyalingam and ors.
Court: Andhra Pradesh
Decided on: Dec-12-1973
Reported in: AIR1975AP19
Kondaiah. J. 1. This Letters Patent Appeal by the plaintiffs directed against the judgment of our learned brother. Vaidva, J., dismissing their appeal, gives rise to a short question of law. Whether or not the after-born sons can take advantage of the extended period of limitation provided under Section 6 of the Limitation Act, 1963 ?2. In order to appreciate the scope of the question, it is necessary to briefly refer to the material facts which are not in dispute and which lie in a short compass.3. The 1st defendant, who is the father of the 2nd defendant, alienated the land and a portion of the building belonging to the joint family to which both of them belong, on 25-8-1946 under a registered sale deed, Ex. A-1 in favour of the 3rd defendant for a consideration of Rs. 10,000/-. The alienee took possession of the property purchased by him, in the year 1948. The plaintiffs (appellants) who are the sons of the 2nd defendant, were born after the date of alienation in the years 1954 and ...
Kapu Karianna and ors. Vs. R. Kodappa and anr.
Court: Andhra Pradesh
Decided on: Dec-11-1973
Reported in: 1974CriLJ1325
ORDERA.D. Reddy, J.1. This petition has been filed under Section 561-A, Cr.P.C. to quash the proceedings in C. C. No. 18 of 1973 on the file of the Judicial F.irst Class Magistrate, Madakasira.2. This case was taken on file for an offence under Sections 147 and 323, I.P.C. The allegations in the complaint are that on 7-12-1972 at about 4-00 P.M. when one Mudlappa came into the middle of the village of Dokkalapalli from his fields, A-1 to A-5 along with A-6 to A-21 formed themselves into an unlawful assembly, while A-l to A-5 caught hold of the said Mudlappa and pushed him. A-l and A-2 beat him with hands and legs expressing their resentment over his lending his services to the other party and while being beaten, as he cried -aloud, the complainant and one Nedudi Thimma Charla came running there and intervened, that then A-6 and A-7 standing on the open terrace of Doddlingappagari Basappa. nearby pelted stones on the head and right shoulder joint of the complainant and in the meantime t...
P. Krishnamoorthi Gupta and ors. Vs. the Government of Andhra Pradesh ...
Court: Andhra Pradesh
Decided on: Dec-07-1973
Reported in: AIR1974AP252
Gopal Rao Ekbote, C.J.1. The Writ Petition and Writ Appeal raise common questions and they can be , therefore , disposed of by a common judgment .2. We will give the facts of the writ petition in order to make out the point which arises for our considerations. The petitioners are wholesale dealers in foodgrains in Chittoor District . Some of them make purchases of rice within the District while others make purchases from surplus districts of Andhra Pradesh and move the purchased rice to Chittoor District for the purposes of trade there in. 3. Under Section 3 of the Essential Commodities Act , the Central Government , by order can provide for regulating or prohibiting production, supply and distribution of certain commodities and trade and commerce therein. The power which the Central Government has , can be delegated in part of the State Government. In exercise of that power certain powers are delegated to the State Government of Andhra Pradesh .4. In exercise of this delegated power, ...
E.S.i.C. Vs. Sri Krishna Bottlers (P) Ltd.
Court: Andhra Pradesh
Decided on: Dec-06-1973
Reported in: (1977)IILLJ227AP
Venkatarama Sastry, J.1. This appeal has been referred to a Division Bench by our learned brother Madhava Rao, J., as in his opinion an important question as to the interpretation of the word 'employee' in a factory, in view of the amendment of Sub-section (9) of Section 2 of the Employees' State Insurance Act XXXIV of 1948, hereinafter referred to as the Act, arises in this case.2. The facts necessary for the purpose of this appeal are the following: The respondents before us M/s Krishna Bottlers Private Ltd., represented by its managing director, Lieutenant Col. Sanjeeva Rao, Kavadiguda, Secunderabad, filed an application under Section 75 of the Act making the following averments:3. The petitioner bottles and sells soft $ called 'Coca Cola' and 'Fanta' in $ State of Andhra Pradesh. Their factory is at Hyderabad where the said drinks are bottled. Its various depots arc at various places. The factory at Hyderabad is engaged in manufacturing process. The petitioner is paying the Employe...
Goteti Umamaheshwara Prasam and ors. Vs. Andhra Pradesh State Electric ...
Court: Andhra Pradesh
Decided on: Dec-05-1973
Reported in: (1974)IILLJ419AP
Obul Reddi, J.1. These two writ petitions raise a common question whether the regulations made by the respondent-Electricity Board are in any way inconsistent with the provisions of the Industrial Employment (Standing Orders) Act, 1946, and the model standing orders made thereunder.2. It may be stated at the outset that a preliminary objection is taken by Sri T. Anantha Babu, the learned Counsel appearing for the respondents, that the Industrial Employment (Standing Orders) Act, 1946, and the model standing orders are not applicable to the respondent-Electricity Board.3. The facts necessary for determination of the question raised are these. Fourteen employees in Writ Petition No. 2372 of 1972 and sixty-six employees in Writ Petition No. 4508 of 1973 of the Andhra Pradesh State Electricity Board have filed these writ petitions questioning the right of the respondents to insist upon the petitioners sitting for an examination in pursuance of Board's Proceedings in B.P. Ms. No. 287, dated...
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