Andhra Pradesh Court July 1973 Judgments
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Veeramachaneni Gangadhararao Vs. Kanuri Venkatgeswara Rao and ors.
Court: Andhra Pradesh
Decided on: Jul-30-1973
Reported in: AIR1974AP289
ORDER1. The point for consideration in this revision i.e. whether a relief under Order 20, Rule 12, Civil P. C., can be granted after the suit has been finally disposed of in appeal, without providing for that relief in the decree, arises under the following circumstances :2. O. S. No. 5/55 was filed in the Court of the Principal District Munsif, Gudivada for possession of the plaint schedule properties and for past profits and a decree was passed therein for possession and for profits from 1952 to 1954 at the rate of 18 bags of paddy per year. The appeal preferred therein A. S. No. 5/56 in the Sub-Court, Gudivada was allowed and the suit was dismissed. In the Second Appeal in the High Court S. A. No. 701/1959 the decree and Judgment of the Subordinate Judge's Court were set aside and the appeal was remanded for fresh disposal after giving findings on the points whether the plaintiff had title to the suit property and was in possession of the same within 12 years prior to the suit. Aft...
Kandimalla Raghvaiah and ors. Vs. Government of India and ors.
Court: Andhra Pradesh
Decided on: Jul-26-1973
Reported in: 1985(21)ELT693(AP)
Alladi Kuppuswami, J.1. The petitioner is a firm doing business in tobacco having its licenced premise* at Chilakalurpet L. 5 No. 1/51. While obtaining licence for this premises which contained also a thatched shed, the petitioner, gave an undertaking on 15-11-1965 to the following effect:'We are aware that no remission of Central Excise duty will be allowed in case of fire accident in respect of all the tobacco stored or handled in our thatched sheds which have been included in our Central Excise warehouse licence.' On 10-5-1966, there was a major fire accident in the borders of the premises of the petitioner. The fire spread to the petitioner's premises and destroyed some tobacco scrap belonging to the petitioner.2. Under Rule 160 of the Central Excise Rules, if any goods are lost or destroyed otherwise than as provided in Rule 143, 147 or 149 the other officer may thereupon demand and the owner of the goods shall forthwith pay, the full amount of duty chargeable thereon, together wi...
Nanda Kishore Vs. the Transposr Commissioner, Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Jul-25-1973
Reported in: AIR1974AP292
Gopal Rao Ekbote, C.J. 1. This writ petition has come to us on a reference made by our learned brother Obul Reddi, j. on 26-4-1973. The learned Judge thought that the judgement of Madhava Reddy, J. given in Writ Petition No. 1243 of 1967, is in conflict with a Bench Decision of the Rajasthan High Court in Shri Ratan v. State Transport Authority, . Since the question involved is of considerable importance, he thought that an authoritative pronouncement is required.2. The facts, in brief are : that the petitioner herein purchased a lorry bearing No. APK 4125 on 26-6-1966, for a sum of Rs. 10,000/-. The transferee submitted the necessary papers to the Deputy Transport Commissioner, that is to say, the Regional Transport Authority, Hyderabad for making the necessary entry in regard to the transfer of ownership of the said vehicle.3. Since the Tahsildar, Hyderabad , has informed the Regional Transport Authority that the said lorry was under an attachment for the recovery of arrears of reven...
P. Balarama Krishna Rao and anr. Vs. the Govt. of Andhra Pradesh and o ...
Court: Andhra Pradesh
Decided on: Jul-24-1973
Reported in: AIR1974AP294
Gopal Rao Ekbote, C.J. 1. This appeal is from the judgment of our learned brother Sambasivarao, J. Given in Writ petition 4539 of 1972 on 21-11-1972 whereby the learned Judge dismissed the Writ Petition.2. The facts in outline are : The first petitioner was granted a permit on 29-9-1968 on route No. 68 viz. Nainavaram gate to Ajitsingh Nagar by the R. T. A.3. After some time, the R. T .A. considered a proposal of varying the route No. 16 by extending it from Nainavaram gate to Nunna Via Ajitnagar. The R. T. A. by its resolution dated 27-6-1969 approved the said variation.4. The fourth respondent in the writ petition who is an existing operator on the route Nunna to Kaleswara Rao Market was aggrieved by the said order of variation. He therefore filed a Revision Petition before the S. T. A. on 2-8-1969.5. On 28-2-1970, the R. T. A. actually granted the variation in the route approved by it earlier to the two permit-holders the first petitioner being one of them.6. The fourth respondent w...
The Andhra Pradesh Agricultural University Vs. Begari Sayanna Dies L.R ...
Court: Andhra Pradesh
Decided on: Jul-24-1973
Reported in: AIR1974AP299
1. Pursuant to a notification issued under Section 4(1) of the Land Acquisition Act a vast extent of land was acquired by the Government in connection with establishing the Agricultural University at Rajendranagar. The Land Acquisition Officer made his awards. The erstwhile owners of the land who were not satisfied with the compensation awarded by the Land Acquisition Officer sought references to the court under Section 18 of the Land Acquisition Act. The Court made awards in the several references enhancing the compensation. The Government did not prefer appeals against the awards of the lower Court, but the Agricultural University for whose benefit the land was acquired has preferred these appeals after obtaining leave to appeal from this Court. Leave was granted ex parte, without notice to the claimants. When the appeals came up before me the claimants raised a preliminary objection regarding the maintainability of the appeals. Though leave was granted by this Court it was very righ...
Teju Singh Vs. Shanta Devi
Court: Andhra Pradesh
Decided on: Jul-23-1973
Reported in: AIR1974AP274
Krishna Rao, J. 1. This appeal is filed by the defendant under clause 15 of the Letters Patent against the judgment of our learned brother Sambasiva Rao, J. dismissing C.C.C.A.No. 124 of 1970 (reported in : AIR1973AP51 , Teju Singh v. Shanta Devi).2. The plaintiff filed the suit O.S. No. 18 of 1970 in the Court of the Chief Judge, City Civil Court, Hyderabad, for an injuction restraining the defendant from using her trade name of business for recovery of Rs. 400/- by way of damages and together with other incidental reliefs. The trial Court decreed the suit only so far as injuction is concerned, but rejected the relief for damages. Aggrieved by this, the defendant filed C.C.C.A. No. 124 of 1970. The appeal was dismissed by our learned brother holding that the plaintiff's trade name is a distinctive name and that irrespective of the question whether he acquired any reputation or not, he is entitled to an injunction as the defendant has started his business very near the plaintiff subseq...
Mohd. Hameed Vs. Collector, Hyderabad and ors.
Court: Andhra Pradesh
Decided on: Jul-19-1973
Reported in: AIR1974AP119
ORDER1. These writ petitions involve a similar point.2. The petitioners are owners of fair price shop for selling essential commodities. Their licences were cancelled on the ground of certain alleged irregularities. Aggrieved by the said orders, they filed these writ petitions . Orders of suspension were passed by this Court pending disposal of the writ petitions suspending the impugned orders. When these petitions came up for disposal on previous occasions, I adjourned the cases with a direction to the Government to complete the enquiry into the charges against the petitioners; but though the matter has been adjourned from time to time, no information is forthcoming as to whether any enquiry was over. Even today no information has been placed before me as to the stage at which the enquiry stands. It is always open to the Government to conduct any enquiry into the charges and pass appropriate orders. Till such orders are passed, there is no justification for cancelling the petitioner's...
Srivenkateswara Constructions and ors. Vs. the Union of India
Court: Andhra Pradesh
Decided on: Jul-17-1973
Reported in: AIR1974AP278
Krishna Rao, J. 1. This appeal is filed under Section 39 of the Indian Arbitration act by the plaintiffs in a suit against an order of the learned Subordinate Judges, Vijayawada graning stay of suit in I. A. No. 1050 of 1972 in O. S. No. 442 of 1971 under section 34 of the Indian Arbitration Act, hereinafter called 'the Act'.2. The plaintiffs filed the suit O. S. No. 442 of 1971 in the court of the Subordinate Judge, Vijayawada against the Union of Indian represented by the General Manger, South central Railway, Secunderabad (1st defendant) and the Andhra Bank Ltd., Vijayawada (2nd defendant) , for a decree for Rupees 1,47,085/- in favour of the 1st plaintiff is a firm carrying on construction works by entering into contracts with the Railways. They entered into several contract with the Railways. They entered into several contracts with the Railways. The grievance is that several amounts due to them under the contracts have been wrongfully withheld. It was further alleged that with re...
Sri Saibaba Rice and Groundnut Oil Mill Jaggayyapet Vs. State of Andhr ...
Court: Andhra Pradesh
Decided on: Jul-17-1973
Reported in: AIR1974AP282
Ekbote, C.J.1. While dismissing the writ petition at the admission stage, the learned Judge gave the following direction:'Suffice it to direct that the '163' bags of cholam seized by the respondents Nos. 3 and 4 from the lorries of the petitioner may be sold by the Government in accordance with the rules and the price so realised may be given to the petitioner on furnishing security for that value. With this direction, the writ petition is dismissed.'Admittedly this direction was given without hearing the other side. It is time and again pointed out by this court that when the writ petition is dismissed, no direction can be given. It creates a very embarrassing position. since the writ petition is dismissed, the authority which is directed to act in a particular way can with impunity flout the direction, and this Court will not be able to take any contempt proceedings. Secondly, in giving direction against any authority, the elementary requirement is to hear the other side before any s...
Life Insurance Corporation of India Per Its Divisional Manager, Hydera ...
Court: Andhra Pradesh
Decided on: Jul-17-1973
Reported in: AIR1975AP68
Chinnappa Reddy, J.1. Keshavadas Jamanadas died of jaundice on 4-11-1966. The Life Insurance Corporation of India seeks to repudiate a policy of insurance which Keshavdas Jamanadas had taken out about one and a half years earlier on the ground that in his 'personal statement' he had stated that he had not suffered from any illness and had not consulted any medical practitioner within the last five years when in fact he had once suffered from indigestion for a few days and had taken a 'cihoornam' from an Ayurvedic practitioner, The jaundice of which Keshavdas Jamanadas died had not the remotest connection with the indigestion from which he suffered for a few days several months earlier. But the Life Insurance Corporation wants to profit by the inaccuracy and seeks to deprive the assured s dependents of the amount of insurance. I consider the attitude of the Life Insurance Corporation highly improper and grotesquely unfair. But the learned counsel for the Life Insurance Corporation urges...