Andhra Pradesh Court February 1973 Judgments
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P.B. Rammohanreddy and anr. Vs. Chintal Achaiah and ors.
Court: Andhra Pradesh
Decided on: Feb-27-1973
Reported in: AIR1974AP185
ORDER1. The minors Ram Mohan Reddy and Jayashree, son and daughter of one Balwanth Reddy, per maternal grand-father Bala Reddy as their next-friend filed a suit in the Court of the Chief Judge, City Civil Court, against their mother, Anasuya Devi, as defendant No. 1 and 25 others who are the alienees of their joint family properties. The suit was filed for a declaration that the alienations of the joint family properties, effected by their father, were not binding on them, and for setting aside those alienations. The mother of the plaintiffs i.e., defendant No. 1 remained ex parte but the other defendants contested the suit.2. The plaint was presented in the court of the Chief Judge, City Civil Court, Hyderabad on 15-9-1967. For the purposes of payment of court-fee and jurisdiction the suit was valued at Rs, 1,000/-. By virtue of the powers vested in him, under Section 12 of the Andhra Pradesh (Telegana Area) City Civil Court Act (No. 36) of 1954 (hereinafter referred to as 'the C.C.C....
Rachapudi Subramanyam and ors. Vs. the District Collector and ors.
Court: Andhra Pradesh
Decided on: Feb-20-1973
Reported in: AIR1974AP55
Gopal Rao Ekbote, C.J.1. This batch of writ petitions raised common questions. They can therefore be dispossed of by a common order.2. The facts lie in a narrow compass and are not in all in dispute.3. On 12-4-1972 the Collector, Hyderabad District nominated in all 120 businessman for allotment of fair price shops to be opened by them in twin cities of Hyderabad and Secunderabad. The said persons were directed to deposit Rs. 1,000/- each in the form of National Savings Certificates and to execute agreements and to complete other formalities.4. The petitioners are some of the persons who were nominated as above by the Collector. They deposited Rupees 1,000/- each, executed agreements, obtained licences and are alleged to have taken mulgies on rent for opening the shops. Some clerks are also alleged to have been engaged by some of them. Ration cards were, however, not registered. The Government had not given their consent nor approved of them for the purpose of allotting sugar quota to t...
K.S. Lakshminarasimhachar and anr. Vs. Government of Andhra Pradesh an ...
Court: Andhra Pradesh
Decided on: Feb-17-1973
Reported in: AIR1974AP63
Ekbote, C.J.1. This appeal is from the judgment of our learned brother , Chinnappa Reddy , J. given in W.P. No. 5183 of 1970 on 22-11-1971.2. The facts lie in a narrow compass and are not in dispute. The Settlement Officer, Chittoor initiated a suo motu inquiry to determine the question whether the village of Tirumalapuram in Dharmavaram Taluk , Anantapur District is an inam village in an inam estate. After a proper inquiry, the Settlement Officer by his order dated 28-1-1950 reached the conclusion that the grant was of a whole village within the meaning of Section 3 (2) (d) of the Madras Estates Land Act. He further found that it was not the melwaram alone that was granted but both the warams were granted. As a result of these findings the Settlement Officer held that the village Tirumalapuram is not an inam estate within the meaning of the Inam Abolition Act.3. No appeal as against this order was filed by anybody.4. In the meanwhile, the 1957 amendment came in whereby Section 9 (4) o...
Cheekireddy Subba Reddy and ors. Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Feb-17-1973
Reported in: 1973CriLJ1713
ORDERChennakesava Reddy, J.1. These are petitions seeking to invoke the inherent powers of this Court under Section 561-A, Criminal P. C. and quash the security proceedings instituted against them under Section 107, Criminal P. C. For a proper appreciation of the questions of law arising for decision in these petitions, it would be sufficient if we set out ;the facts in one of the cases. For the sake of convenience, we shall set out the facts in Crl. M. P. No. 1676 of 1972.2. On credible information laid by the Sub-Inspector of Police, Vidavalur that the petitioners were likely to commit breach of peace or do a wrongful act which may probably cause breach of peace and disturb public tranquillity the Sub-Divisional Magistrate, Kavali was of the opinion that there was sufficient ground for proceeding against the petitioners under Section 107, Criminal P. C. and issued a preliminary order under Section 112, Criminal P. C. The learned Magistrate passed this order on 29th July. 1972. By the...
Joint Director of Mines Safety Hyderabad Region, Hyderabad Vs. the Tan ...
Court: Andhra Pradesh
Decided on: Feb-16-1973
Reported in: AIR1973AP315
Gopal Rao Ekbote, C.J. 1. This appeal is from the judgment of our learned brother M. Krishna Rao, J., given in W. P. No. 1579 of 1970 on 3-3-1972 whereby the learned Judge allowed the writ petition and quashed the impugned notice.2. The facts in outline are that the petitioner-Company has a number of mines wherein building stones and limestone are extracted. One of such mines is Kaidgira lime stone mine situated in the District of Hyderabad. The said mine is an open cast quarry. It is engaged in extraction of building stones and lime stones.3. The Joint Director of Mines Safety issued the impugned notice under Section 22(1) of the Mines Act directing the petitioner-company to appoint a qualified Mines Manager under Section 17 of the Act. The petitioner-company submitted its explanation on 1-4-1970 contending inter alia that the provisions, except those mentioned in Section 3, are not applicable and as a result, the Joint Director cannot ask the petitioner-company to appoint a Manager a...
income-tax Officer, B-ward Vs. Mohanlal
Court: Andhra Pradesh
Decided on: Feb-15-1973
Reported in: [1975]100ITR118(AP)
Ramachandra Raju, J.1. The petitioner is common in all these three writ petitions. He is an income-tax assessee on the file of the Income-tax Officer, B-Ward, Circle I, Hyderabad (the respondent herein). These writ petitions are directed against the notices dated October 24, 1969, issued by the respondent to the petitioner under Section 35 of the Indian Income-tax Act, 1922 (hereinafter called as 'the old Act'), for the purpose of rectifying the mistakes made in the assessment orders for the years 1955-56, 1956-57 and 1957-58, alleging that the rectification sought to be made by the notices became barred by time long time ago and, thus, the notices issued by the respondent are without jurisdiction and illegal. It is prayed in the writ petitions to restrain the respondent from taking any proceedings in pursuance of the said notices.2. In order to appreciate the points involved for decision, the necessary facts may be stated thus. There were two sources of income for the petitioner. They...
Damodar V. Pangrekar Vs. Ramachandra Vaswani and anr.
Court: Andhra Pradesh
Decided on: Feb-09-1973
Reported in: 1974CriLJ160
ORDERA.D.V. Reddy, J.1. In this petition the scope of the doctrine of testimonial compulsion incorporated in Article 20(3) of the Constitution of India has come up for consideration, and it arises under the following circumstances:2. In connection with the alleged defalcations of the funds of the Hyderabad Khadi Samithi, two private complaints were filed by one Ramachandra Vaswani claiming to be Chief Accountant and also the President of the Employees Union of the said Samithi, before the VI City Magistrate, Hyderabad and they were taken on file as C. C. Nos. 1371 of 1970 and 1372 of 1970 for offences under Section 408, I. P. C.3. In C. C. No. 1371 of 1970 the accused were shown as Sri Swami Ramananda Thirtha, Damodar Pangrekar (present petitioner) and Ramkrishna Nanavati. As Sri Ramananda Tirtha died, the case was proceeded with against the remaining two. In C. C. No. 1372/70 though the complaint was against six persons including the present petitioner (D. V. Pangrekar), cognizance of...
Nallapareddi Chandrasekhara Reddy Vs. the Government of Andhra Pradesh ...
Court: Andhra Pradesh
Decided on: Feb-09-1973
Reported in: 1974CriLJ158
Sambasiva Rao, J.1. This is a petition for the issuance of a writ of Habeas Corpus releasing the detenu by name Nallapareddi Chandrasekhara Reddy.2. The order of detention was passed under Section 3 (1)(a)(ii) of the Maintenance of Internal Security Act, 1971 on 2-l-1973. The detenu was arrested and detained in the Central Jail, Nellore on 3-1-1973. It may be mentioned here that the order was passed in Nel-lore itself by the District Magistrate. The grounds for detention were communicated to the detenu on 8-1-1973. It is also stated, that the Government approved, of the detention under Section 3 (3) on 9-1-1973.3. The detention is assailed on two grounds. The first of them is that the grounds were communicated to the detenu more than 5 days after his detention; secondly, that some grounds are irrelevant or vague. 4. Taking up the first contention first, the detention took place on 3rd January, 1973 and the grounds were actually served on the detenu on 8-1-1973. Section 8 (1) of the Mai...
Damacharla Venkata Seshaiah Vs. Damacharla Venkayya and ors.
Court: Andhra Pradesh
Decided on: Feb-07-1973
Reported in: AIR1974AP193
Gopal Rao Ekbote, C.J.1. This appeal is from the judgment of our learned brother M. Krishna Rao, J. given in Appeal Nos. 368 and 443 of 1968 and Memorandum of Cross Objections and 26-3-1971.2. The plaintiff-appellant instituted O. S. No. 71 of 1961 for specific performance of an agreement to sell executed on 7-4-1961. The averments were that originally S. No. 16/1 situate in East Naidupalem belonged to the deity Kodandaramaswami, whose temple is at Ongole. There was litigation between the trustees of the temple and the Ist defendant who was claiming occupancy rights. The litigation, however, ended in negating the claim set up by the Ist defendant. The Ist defendant, however, continued in possession. The trustees of the Temple and the Ist defendant on approval of the Government entered into a sale deed executed by the trustees in favour of the Ist defendant on 7-4-1961.3. The Ist defendant borrowed Rs. 2,000/- from the planitff in order to meet his requirements regarding payment of cons...
P. Satyanarayana Raju and ors. Vs. the State of Andhra Pradesh and ors ...
Court: Andhra Pradesh
Decided on: Feb-06-1973
Reported in: AIR1974AP65
1. The petitioners in these two applications under Article 226 of the Constitution are supervisors in the Public Constitution are supervisors in the Public works Department of the Government of Andhra Pradesh Engineering Subordinate Service. Some of them were Supervisors and some sub-overseers under the Government of Hyderabad when the state of Andhra Pradesh was formed on 1-11-1956. The petitioners who were original Sub-Overseers were promoted as supervisors subsequent to 1-11-1956. They do not possess the degree of Bachelor of Engineering of any University. Some of them hold diplomas awarded by the University and others hold diplomas awarded by the Government.2. In the Engineering Branch of the Andhra Pradesh Engineering Subordinate Service there are seven categories of Officers. Supervisors constitute Category I. We are concerned with Category I only. A note appended to Rule 1 of Part 2 states that Supervisors possessing a degree in Engineering shall be designated as Junior Engineer...
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