Andhra Pradesh Court March 1973 Judgments
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Tanigondala Rosi Reddy Vs. Syamala Laxmaiah and ors.
Court: Andhra Pradesh
Decided on: Mar-29-1973
Reported in: AIR1974AP171
Obul Reddi, J.1. The question involved in this Miscellaneous Appeal referred to a Division Bench by our learned brother, Ramachandra Rao , J., relates to the construction to be put upon Cl. (nn) of Order 43, Rule 1 of the C.P.C. The learned Judge doubted whether an appeal will lie to this Court when an application filed under Order 33, Rules 1 and 2 is rejected under Cl. (b) of Rule 5 of Order 33 holding that the applicant is not a pauper. We are not here concerned with the correctness or otherwise of the finding recorded by the Court of first instance on the question whether the applicant is not a pauper. We are only concerned with the question whether an appeal will lie under Cl. (nn) of Order 43 (1) when an application is rejected on grounds other than the grounds specified in Cls. (d) or (d-1) of Rule 5 of Order 43.Order 43, Rule 1 (nn) reads :'43 (1) An appeal shall lie from the following orders under the provisions of Section 104, viz., (nn) an order under Rule 5 or Rule 7 of Ord...
P.V. Nayudu and ors. Vs. Andhra Pradesh Mining Corporation and ors.
Court: Andhra Pradesh
Decided on: Mar-26-1973
Reported in: (1974)IILLJ353AP
Obul Reddy, J.1. These two writ petitions filed by employees of the Andhra Pradesh Mining Corporation Limited (hereinafter referred to as the Corporation), raising a common question, are directed against the orders of the Corporation terminating the services of the petitioners. The common question involved is whether the action of the Corporation, incorporated under the Companies Act, 1956, in terminating the services of the petitioners is an act of 'the State' so as to entitle the petitioners to seek a writ of mandamus or any other appropriated writ or direction under Article 226 of the Constitution.2. The facts necessary for determination of the question involved are these : The petitioner in W.P. No. 1457 of 1971 is a first class diploma-holder in ceramics having obtained the same in the year 1947 from the School of Arts and Crafts, Madras. He joined in the Industries Department of the Government of Madras first as Supervisor and was later promoted to the Gazetted cadre as Superinte...
E. Bhoshanam Vs. Polla Malliah
Court: Andhra Pradesh
Decided on: Mar-26-1973
Reported in: 1974CriLJ157
ORDERA.D.V. Reddy, J.1. On a charge-sheet filed by the Police of Kowdipally under Section 447, I.P.C., against the sole accused, the Munsif Magistrate, Medak, passed the following order 3Accused and P.Ws. absent. Summons to P.Ws. not returned. Evidence not produced. Case proceeded with. Absence of accused condoned. Judgment delivered acquitting accused under Section 245. Cr. P. C.It is the setting aside of this order that the Sessions Judge, Medak at Sangareddy has recommended in this reference made under Section 438, Cr. P. C.2. In a summons case when the accused pleads not guilty, the Court is expected to take all the evidence produced on behalf of the complainant under Section 244 of the Code of Criminal Procedure and after such evidence is produced, if the Court finds, after examining the accused, that the accused is not guilty it shall record a finding of acquittal. By the mere non-production of the witnesses, the Court cannot resort to the provisions of Section 245, Cr. P. C. and...
Ponnam Veeraraghavaiah Vs. Donepudi Brahmeswara Rao and ors.
Court: Andhra Pradesh
Decided on: Mar-21-1973
Reported in: AIR1974AP101
Gopal Rao Ekbote, C.J.1. This appeal is from the judgment of our learned brother C. Kondaiah, J., given in W.P. No. 3886 of 1970 on 9-12-1970 whereby the learned Judge allowed the writ petition and quashed the order of the Election Tribunal , Vijayawada made in O.P. No. 131 of 1969.2. The facts in outline are that a seat to the Municipal Council of Vijayawada fell vacant in Ward No. 33. A notification calling upon the Constituency to return the candidate was published on 25-3-1969. The last date for filing the nomination was fixed as 4-4-1969. The appellant and the 1st respondent filed their nomination papers on 4-4-1969.3. On 3-4-1969 the scrutiny of nomination papers took place . The 1st respondent raised an objection to the nomination paper filed by the appellant. His contention was that he was in arrears of profession tax due from a firm of which he happened to be a partner.4. The Returning Officer rejected the appellant's nomination holding on the evidence of the Bill Collector an...
The Public Prosecutor (A.P.) Vs. Veerpal Singh
Court: Andhra Pradesh
Decided on: Mar-20-1973
Reported in: 1974CriLJ437
ORDERRamachandra Raju, J.1. The respondent was convicted for offences punishable under Section 135(b) of the Customs Act and Section 8(1)(i) read with Section 85(ii) of the Gold Control Act and sentenced to undergo rigorous imprisonment for a period of one year on each count with a direction for running of the two sentences concurrently by the IV City Magistrate, Hyderabad. On appeal by the respondent, the Chief City Magistrate confirmed the convictions, but instead of sentencing him to any punishment released him on probation of good conduct applying the provisions of Section 4 of the Probation of Offenders Act. This revision is filed by the State assailing the order of the Chief City Magistrate releasing the respondent on probation of good conduct2. The learned Public Prosecutor has submitted that (1) the respondent is not entitled to the benefits of the provisions of Probation of Offenders Act in so far as the offence committed by the respondent, under the Gold Control, Act is conce...
In the Matter Of: A. Sreeramulu
Court: Andhra Pradesh
Decided on: Mar-19-1973
Reported in: AIR1974AP106
ORDER1. The petitioner is a member of the Legislative Assembly of Andhra Pradesh. In this application for the issue of a writ under Article 226 of the Constitution, he questions the validity of the proclamation of the President of India under Article 356 of the Constitution imposing what is familiarly called 'President's rule' in the State of Andhra Pradesh and the Order of the President directing the Governor of the State of Andhra Pradesh to perform all the functions of the Government. The proclamation and the order were both made on 18-1-1973. The Writ Petition was filed on 9-3-1973.2. In his petition, the petitioner alleges that there was no circumstances whatever which could have led the President to be satisfied that a situation had arisen in which the Government of the State could not be carried on in accordance with the provisions of the Constitution. According to the petitioner the Proclamation was mala fide and obliquely motivated. The truth, according to him, was that there ...
A. Subash Chandra Bose Vs. the Court of Judicial First Class Magistrat ...
Court: Andhra Pradesh
Decided on: Mar-19-1973
Reported in: AIR1974AP173
Alladi Kuppuswami, J. 1. The petitioner in S.C.C.M.P. No. 476 of 1973 filed W.P. No. 4241/71 praying interalia that this Court may quash the proceedings in P.R.C. 19/71 and the complaint dated 15-10-1971 and also to issue a writ of prohibition restraining the Magistrate from proceeding further in the matter. The main contention of the petitioner was that the sanction of the Government under Section 197, Cr. P.C. ought to have been obtained and the Magistrate could not take cognizance of the complaint in the absence of such sanction. The Writ Petition was dismissed and the petitioner preferred W.A. No. 440/71. A Bench of this Court dismissed the appeal observing that it was open to the appellant to raise the question relating to sanction before the Magistrate when the petitioner appeared before the Magistrate and it is for the Magistrate to decide when adequate material is placed before him. This judgment was delivered on 23-11-1971. The petitioner filed Crl. M.P. No. 480/71 before the ...
Modi Bala Krishna Ramaraju Vs. Bodi Thirupathamma Alias Tirumala Devi ...
Court: Andhra Pradesh
Decided on: Mar-19-1973
Reported in: 1975CriLJ208
A.D.V. Reddy, J.1. This appeal is by the husband, whose complaint against his wife and others for the offences under Sections 494 and 494 read with Section 109, I.P.C. had resulted in acquittal of the accused of the charges against them.2. In the complaint he alleged that on 14-5-66 he had married A-1, who is the daughter of A-3 at their house at China Lingala Village according to Hindu Dharmasastra and thereafter she resided with him for five years and then left him, that the second marriage of A-1 with A-2 was proposed to be performed on 18-6-19,70 at 10-40 A.M. in the Kanakadurga temple situated at Vijayawada, but for reasons best known to them, the venue was changed and the marriage was performed at Sri Venkateswara Swamy temple in Jamalapuram Village of Madhira Taluk, that A-1 to A-3 knowing that A-1's marriage with the complainant was not dissolved, got the second marriage of A-1 with A-2 performed without obtaining a decree for divorce and they had thereby committed an offence u...
Chinna Jeeyangar Mutt, Thirupathi Vs. C.V. Purushotham and ors.
Court: Andhra Pradesh
Decided on: Mar-16-1973
Reported in: AIR1974AP175
1. The main point that arises in this appeal is about limitation. It is necessary to state a few facts in order to appreciate the position. 2. The appellant herein instituted the suit O. S. 81 of 1965 on the file of Sub-ordinate Judge's Court, Chittoor for the declaration that the permanent lease executed by the previous head of the mutt on 19th Chitra of Vikari year in favour of Govindachari and the subsequent alienation on 19-4-1940 in favour of C. V. Ramanujam, father of defendants 1 to 4, are void inoperative and not binding on the plaintiff mutt, and that there has been a forfeiture of the said lease by non-performance of the conditions of the lease, for possession and mesne profits, past and future. According to the case of the plaintiff, the suit property belonged to the plaintiff mutt having been granted in inam to a previous head of the mutt by then ruler for the general maintenance of the plaintiff mutt. It was also confirmed at the time of Inam Commission on 16-5-1965, which...
In the Matter Of, S.R. Narsimlu and anr.
Court: Andhra Pradesh
Decided on: Mar-16-1973
Reported in: 1973CriLJ1481
ORDERRamachandra Raju, J.1. The petitioners were the two accused who were convicted under Section 420, IPC and sentenced each to suffer rigorous imprisonment for a period of one year by the trial Court and confirmed by the appellate Court. The charge was that on or about 14-7-1970 at Karimanagar the petitioners cheated P. Ws. 1 and 4 by dishonestly inducing them to deliver a sum of Rs. 9,000/- representing that the 1st petitioner accused No. 1 was related to the Sessions Judge, Karimnagar and on receipt of such payment they would see that the Sessions Judge would acquit all the accused in Sessions Case No. 2 of 1970 on his file in which 18 accused were prosecuted and tried for offences of murder etc. The prosecution case is as follows : The trial in the Sessions Case No. 2 of 1970 commenced on 6-7-1970 and concluded on 21-7-1970. Accused No. 1 was a Foreman of the Andhra Pradesh State Road Transport Corporation, Karimnagar Depot, Accused No. 2 was the driver of the Sessions Judge Karim...
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