Andhra Pradesh Court April 1973 Judgments
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Ganta Kondamma Vs. Ganta Seethamma
Court: Andhra Pradesh
Decided on: Apr-25-1973
Reported in: AIR1973AP319
Ekbote, C.J.1. There were two brothers G. Chenchu Naidu and Narappa Naidu. They constituted a Hindu Joint Family. They owned ' A ' schedule immovable properties at Kesavaram village. Chenchu Naidu died undivided some 37 years before without leaving no issue. The plaintiff is the widow of Chenchu Naidu. She claimed maintenance from Narappa Naidu who was the sole surviving coparcener. As a result of some mediation, the plaintiff and Narappa Naidu came to an agreement. Narappa Naidu paid Rs. 400 /- in full quit of maintenance keeping in view the property of the family. She executed a registered relinquishment deed on 14-9-1936 whereby she gave up all her rights in the family immovable property and also gave up her rights of maintenance against the family. She agreed not to raise any dispute about her maintenance thereafter.2. While so, she instituted a suit for recovery of past and future maintenance. She claimed 1/2 putties of paddy, Rs. 300 /- per annum towards clothing and utensils, an...
B.N. Chobe Vs. A. Chaffar Khan
Court: Andhra Pradesh
Decided on: Apr-24-1973
Reported in: AIR1973AP305
M. Krishna Rao, J. 1. The question for determination before us is whether a Judge exercising jurisdiction under the provisions of the Hyderabad Small Causes Courts Act can act upon the memorandum of Evidence already recorded by his predecessor, or whether he should conduct a trial de novo.2. In R.S. Mahmood v. Syed Ahmed, : AIR1963AP65 a Division Bench of this Court (Chandra Reddy, C.J. and Narasimham, J) took the view that in such a case there should be a de novo trial. As the correctness of this decision has been challenged, the case is placed before the Full Bench.3. This revision petition is filed by the plaintiff in a small causes suit in the four witnesses have given evidence on behalf of the plaintiff the presiding officer was transferred on promotion. When the case was taken up by the successor, the defendant filed an application I.A.No. 156 of 1971 asking for a de novo trial on the ground that the succeeding judge has no power to act upon the memorandum of evidence recorded by...
P. Suryanarayana Raju Vs. M.V. Ramadas and ors.
Court: Andhra Pradesh
Decided on: Apr-24-1973
Reported in: AIR1974AP258
Gopal Rao Ekbote, C.J. 1. This batch of cases raises a point regarding the construction of Rule 212 of the Andhra Pradesh Motor Vehicles Rules in its relation to Section 47(1) of the Motor Vehicles Act.2. Facts do not matter much because any answer to the question referred to us does not depend upon the facts of any of these cases. The learned Judges who have referred the main case to us thought that 'there is conflict of views between Division Benches of this Court as to the scope and application of R. 212 of the Motor vehicles Rules vis-a-vis Section 47(1) of the Motor Vehicles Act'. Although the order of reference does not expressly say as to on what point there is a conflict, on a reading of the whole order or reference the learned Judges seem to take the view that the opinion expressed in C. Narasa Reddy v. Government of Andhra Pradesh (1970-2 Andh WR 20) by Chinnappa Reddy, J. accords with the view taken by the learned Judges who referred the case and which they had expressed in ...
Y. Eswariah Choudry Vs. the Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Apr-23-1973
Reported in: AIR1974AP96
ORDER1. In these several applications for the issue of writs under Art. 226 of the Constitution the petitioners seek a declaration that clause 3 of the Andhra Pradesh Paddy and Rice (Requisitioning of Stocks) Order is void and inoperative. Though the petitioners originally sought a declaration that clauses 3, 4 (1), 4 (2) and 10 of the Andhra Pradesh Rice Procurement (Levy) and Restriction on sale order were also void, the petitioners counsel confined his argument to clause 3 of the Andhra Pradesh Paddy and Rice (Requisitioning of Stock) Order, 1966.2. The petitioners are rice millers of Kurnool town who purchase paddy, mill the same and sell rice after milling. Under the Andhra Pradesh Rice Procurement (Levy) and Restriction of Sale Order, 1967 they are obliged to sell to the agent (Food Corporation of India) such percentage of the total quantity of rice milled by them as specified in the schedule. Prior to 1-11-1972 the schedule specified 50 percent. The Millers are obliged to sell t...
indira Bai Patel Vs. B.A. Patel
Court: Andhra Pradesh
Decided on: Apr-23-1973
Reported in: AIR1974AP303
Kondaiah, J.1. This appeal by the plaintiff is directed against the dismissal of her suit by the Fist Additional Chief Judge, City Civil Court, Hyderabad for cancellation of the compromise decree in O. S. No. 14 of 1961 on the file of the 4th Additional Judge, City Civil Court, Hyderabad; for partition of the plaint 'A' & 'B' schedule immovable properties into two equal shares and for delivery of possession of one such share and for a direction to the defendant to render an account of the profits realised from him from the suit properties from 1958 till the date of delivery of possession of the plaintiff's share ; or in the alternative for enhancement of the maintenance payable by the defendant to the plaintiff from Rs. 65/- to Rs. 500/- per month with effect from the date of suit; for allotment of one room in the first floor and three rooms in the ground floor of the plaint 'B' Schedule house to the plaintiff for her separate residence and for payment of Rupees 10,000/- towards arrear...
Maddula Kasiyya Vs. Jallipalli Pullayya and ors.
Court: Andhra Pradesh
Decided on: Apr-18-1973
Reported in: AIR1974AP220
1. Judgment debtor is the appellant in this second appeal. The facts giving rise to this appeal are the following :2. A money decree was passed against the appellant and another person in O.S. 12 of 1957 on the file of District Munsifs Court, Eluru for Rs. 1,716/- in favour of the first respondent and the predecessor in interest of the respondents 2 and 3. The decree-holders filed E.P. 292 of 1959 on 29-10-1959, for attachment of the movable properties. The movable were attached. In E.A. 442/70 by an order dated 18-4-1960 movables were directed to be sold without any reference to the upset price. But on 30-6-1960 E.P. 292 of 1959 was dismissed. Later on the other decree-holder i.e., the predecessor in interest of respondents 2 and 3 died. Thereupon respondents 1 to 3 filed E.P. 160 of 1963 on 24-6-1963 for sale of the attached movable properties. Notice to the judgment debtor was ordered but for non-payment of batta the said E.P. was dismissed on 12-8-1963.3. Thereafter the decree-hold...
Bamadev Panigrahi Vs. Monorama Raj
Court: Andhra Pradesh
Decided on: Apr-17-1973
Reported in: AIR1974AP226
Kondaiah, J.1. This appeal by the defendant is directed against the judgment and decree of the Additional Subordinate Judge, Srikakulam, in O. S. No. 76 of 1966 decreeing the plaintiff's suit for the recovery of a sum of the equipment of a cinema concern known as 'Kumar Touring Talkies'.2. The material facts leading to this appeal may briefly be stated : The plaintiff's husband, late Profulla Kumar Raj and the defendant were friends. According to the plaint allegations, the plaintiff's husband had obtained a possessory mortgage. On 1-9-1957 from the Raja of Mandasa on 1-9-1957 from the Raja of Mandasa in respect of a site measuring about Ac. 3-51 cents known as 'Pula Thota' which contains a bunglow in it, for a sum of Rs. 4,000/- with a view to run to cinema in that place. Profulla Kumar Raj, the plaintiff's husband, advanced from the year 1952 till the end of 1959 various sums amounting to Rs. 15,000/- to the defendant to meet his obligations under forest contracts which he had entere...
Gaddam China Kondaiah Vs. Gaddam Pedda Kondaiah
Court: Andhra Pradesh
Decided on: Apr-13-1973
Reported in: AIR1974AP238
ORDER1. This civil revision petition gives rise to a short question of law, whether a decision in writing by the arbitrators without a written reference, directing the allotment of a family business asset to one of the two brothers and in lieu of it, ordering the payment of a sum of Rs. 10,000/- to the other brother is an 'award' within the meaning of Article 12 of the Indian Stamp Act.2. In order to appreciate the scope of the question it is necessary to state the material facts which lie in a short compass. The petitioner filed O. S. No. 22 of 1967 on the file of the Sub-Court, Kavali, now renumbered as O. S. No. 45/1971 Sub-Court, Kandukur , against the respondent , his elder brother , for the recovery of Rs. 10,828/- on the foot of a family arrangement evidenced by an unstamped and unregistered document dated October 2 , 1965. When the document was filed into the Court, it was treated as an agreement and stamp duty as well as penalty were levied on that basis. But, however , in the...
The Public Prosecutor (A.P.) Vs. P.B. Hassan
Court: Andhra Pradesh
Decided on: Apr-13-1973
Reported in: 1974CriLJ390
Ramachandra Raju, J.1. This is an appeal by the State against the acquittal of the respondent, the sole accused, who was charged under Section 16 (1) read with Section 7 of the Prevention of Food Adulteration Act for selling some biscuits containing metanil yellow, a coal-tar dye the use of which in food is Prohibited. The magistrate by coming to the conclusion that the prosecution failed to establish that the respondent was either the employer or the employee or even an agent of the owner of the shop in which the biscuits were sold held he cannot be said to be in possession of the biscuits for the purpose of sale and accordingly acquitted him.2. The facts of the case are that On 27-1-1970 at about 11 a. m. the Food Inspector. Division III, Visakhapatnam Municipality (P. W. 1) visited a fancy shop known as 'Haji K. Soophy & Company' which is also otherwise known as 'Haji Fancy Stores', opposite to the super Bazaar, Main Road, Visakhapatnam, and purchased from the respondent who was in ...
The Public Prosecutor Vs. Boggarapu Pullaiah
Court: Andhra Pradesh
Decided on: Apr-11-1973
Reported in: 1974CriLJ155
A.D.V. Reddy, J.1. This appeal is by the State against the acquittal of the accused of the charge under Section 16(1) and Section 7 read with Section 2(1)(a)(L) of the Prevention of Food Adulteration Act, 1954.2. On 31-12-1970 at 10 A.M. P.W. 1 the Food Inspector went to the fancy, peppermints and biscuits shop at Door No. 2, Street No. 7 in Nandyal and found 25 peppermint packets containing 200 grams each. Suspecting them to be adulterated, he asked the accused who was in the shop to give the sample for analysis and in the presence of mediators purchased 200 grams of peppermints and paid the money. He mixed up these peppermints, divided them into three portions, put them in three clean bottles and sealed them and sent one such bottle to the Public Analyst and his report showed that the sample contained ash insoluble in dilute Hydrochloric acid, in excess of the prescribed limit and therefore it is adulterated hence the prosecution under the above section.3. The accused denied the offe...