Andhra Pradesh Court February 1974 Judgments
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Kilari Sreenivasulu Naidu Vs. Kandapalli Subrahmanyam
Court: Andhra Pradesh
Decided on: Feb-28-1974
Reported in: AIR1974AP211
ORDER1. This is an application by a tenant challenging the order of eviction passed against him by the Rent Controller in R.C.P. No. 15 of 1970 which was confirmed by the Subordinate Judge, Nellore in C.M.A. No. 16 of 1972. The eviction was sought only on the ground that the building was a non-residential one was required by the landlord for carrying on grocery business. This application was resisted by the tenant alleging that the requirement of the landlord was not bona fide. The Rent Controller held that the landlord bona fide required the building for his personal occupation to do business therein and accordingly allowed the petition and ordered the eviction of the tenant. The petitioner carried the matter in appeal to the Court of the Subordinate Judge, Nellore and the learned Subordinate Judge confirmed the order of eviction. Hence the revision petition.2. In this revision petition Sri Anjeneya Sarma , the learned counsel for the petitioner firstly sought to challenge the concurr...
Vincent Ferrer Vs. District Revenue Officer, Ananthapur
Court: Andhra Pradesh
Decided on: Feb-27-1974
Reported in: AIR1974AP313
ORDER1. Vincent Ferrer is a Foreign National. He has been in India for nearly 20 years. He has applied for Indian Citizenship. The Government of Andhra Predesh has recommended his application. The application is pending with the Government of India. While so, the District Revenue Officer acting as the Civil Authority under the Foreigners Act has passed an order dated 24-12-173 restricting the movements of Vincent Ferrer to the district of Anantapur and requiring him to obtain the written permission of the Civil Authority if he wanted to leave the District, irrespective of the duration of the intended absence from the district Vincent Ferrer questions this order as arbitrary and made in bad faith.2. A foreign national though entitled to equality before the law and the equal protection of the laws guaranteed by Article 14 of the Constitution, is not entitled to the protection of the Fundamental Rights guaranteed by Article 19(1)(d) and (e) that is, the right to move freely throughout the...
G. Sriramulu Naidu and I. Chengama Naidu and ors. Vs. Commercial Tax O ...
Court: Andhra Pradesh
Decided on: Feb-26-1974
Reported in: [1975]35STC531(AP)
Gopal Rao Ekbote, C. J.1. The appellants, who are the writ petitioners, are commission agents. The ryots raise sugarcane crops in their lands. The ryots for the purpose of early marketability and transport convert their sugarcane into jaggery by crushing the same and boiling it with lime. The ryots then sell the jaggery through the petitioners, who charge them 4 per cent commission on such sales.2. Admittedly, the liability of the commission agent is co-extensive with that of the principal.3. In the assessment proceedings for the relevant years, the petitioners contended that their principals are not liable to tax on jaggery as they are not dealers within the meaning of the Andhra Pradesh General Sales Tax Act, hereinafter called the 'Act'. Since the principals cannot be taxed, the commission agents are not exigible to tax.4. The commercial tax authorities rejected the said contention and assessed the petitioners to sales tax. It is to challenge the correctness of the assessment orders...
Lachmandas Balachand, Paradise Lottery Centre, 124, Park Lane Secunder ...
Court: Andhra Pradesh
Decided on: Feb-25-1974
Reported in: AIR1975AP50
ORDERChinnappa Reddy, J. 1. The petitioners are agents of the Government of the States of Assam, Bihar, Haryana, Himachal Pradesh, Kerala, Madhya Pradesh, Mysore, Tamil Nadu, Rajasthan and Uttar Pradesh for the sale of tickets, in Andhra Pradesh, of lotteries conducted by these Governments. Sri N. V, B. Sankar Rao, learned counsel for the petitioners, tells me that except the Govt. of the States of Andhra Pradesh, Gujarat and Nagaland, all other State Governments conduct lotteries and utilise the proceeds for their development plans. All these years such lottery tickets were being freely sold in the State of Andhra Pradesh. But on 24-12-1971 the Government of Andhra Pradesh issued the following memorandum to the Inspector General of Police; 'The attention of the Inspector General of Police is invited to the reterence cited and he is informed that sale of lottery tickets of other States in this State is unlawful under the provisions of the Andhra Pradesh Lotteries Act, 1968 and action u...
Tourist Hotel Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Feb-21-1974
Reported in: (1975)ILLJ211AP
Gopal Rao Ekbote, C.J.1. This complex of 8 writ appeals arises out of a judgment of our learned brother A. Sambasiva Rao. J., given on November 13, 1972. Although in the memoranda of appeals several grounds have been raised, in the prevailing state of law, the learned advocates for the appellants chose to argue only one point, The contention was that the procedure followed in consulting the Commissioner of Labour and the Andhra Pradesh State Minimum Wages Advisory Board was contrary to Section 5 of the Minimum Wages Act, hereinafter called 'the Act', and as a result the minimum wages fixed by the impugned G.O. are vitiated.2. The facts relevant for the purpose of appreciating this contention are that the Government by G.O. Ms, No. 382, dated March 22, 1969, constituted a committee for the purpose of advising the Government in fixing minimum rates of wages in respect of the employees in hotel business. The committee submitted its report on February 23, 1970, suggesting the fixation of m...
R. Radhakrishen and ors. Vs. Osmania University and ors.
Court: Andhra Pradesh
Decided on: Feb-19-1974
Reported in: AIR1974AP283
ORDER1. The M. B. A. Degree course of the Osmana University is apparently much sought after. In 1973, there were a large number of applicants for a few seats. The University decided to hold an entrance test. The entrance test was held on 29-7-1973. The result of the test was announced on 10-8-1973. The petitioners in W. P. Nos 4837, 6560 and 6687 of 1973 were among the thirty who were selected for admission. But it was discovered that there was mass copying at the test. The University, therefore, on 20-8-1973 cancelled the test held on 29-7-73 and announced that another test would be held on 11-11-1973 .The petitioners in W. P. Nos. 6560 and 6687 of 1973 filed the writ petitions objecting to the decision to hold a fresh test. the principal argument addressed on their behalf was that there was violation of the principles of natural justice as they were not given any opportunity to explain why the test held on 29-7-1973 at which they had come out successful should not be cancelled. It wa...
Boda Subrahmanyam and Co. and ors. Vs. the State of Andhra Pradesh and ...
Court: Andhra Pradesh
Decided on: Feb-19-1974
Reported in: AIR1975AP126
Lakshmaiah, J.1. The doctrine of what has now come to be known as Promissory Estoppel, is invoked, by the appellants in these appeals preferred against a common judgment of our learned brother Kuppu-swamy, J. dated October 10, 1972 by which a batch of Writ Petitions, including the Writ Petitions Nos. 5342 of 1971 and 1595 of 1972, filed by them, was dismissed.2. The appellants are merchants dealing in various commodities including chemical fertilisers. They undertook to purchase chemical fertilisers from the Agricultural Department of Andhra Pradesh Government and distribute them to the ryots, as per the terms of the licence granted to them under Fertiliser (Control) Order, 1957 read with the provisions contained in the Essential Commodities Act, 1955 and in accordance with the terms and conditions that may be laid down by the Government from time to time.3. The Government of Andhra Pradesh, as per their G. O. Ms. No. 1896 dated September 10, 1970 directed that the revised procedure em...
Manohar Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Feb-19-1974
Reported in: 1975CriLJ466
ORDERMadhava Rao, J.1. This is revision case against the conviction and sentence of the accused under Section 304A read with Sections 279 and 337 I.P.C. The petitioner was sentenced to 6 months imprisonment by the learned Magistrate and no separate sentence was passed for the offence under Sections 279 and 337 I.P.C. in view of the sentence passed for the offence under Section 304A I. P. C as they were committed in the same course of transaction. The petitioner was convicted as he pleaded guilty of the charges framed against him. Against the order of his conviction dated 16th November, 1971, he preferred an appeal before the Chief City Magistrate-cum-Additional Sessions Judge and District Magistrate (Judicial) at Hyderabad. The learned Sessions Judge, by his order dated 19th April, 1972 dismissed the appeal and held that the Magistrate has not committed any error in following the procedure in recording the plea of guilt of the accused. Against the said order of the learned Sessions Jud...
Rajasthan Trading Co. Vs. the Registrar of Firms and anr.
Court: Andhra Pradesh
Decided on: Feb-15-1974
Reported in: AIR1975AP232
Chennakesav Reddy, J. 1. The only question requiring determination in this writ petition presented under Article 226 of the Constitution is as to the validity of Rule 4 (2) of the Andhra Pradesh Partnership (Registration of Firms) Rules, 1957. 2. The aforesaid question arises in the following circumstances: The petitioner is a partnership firm named M/s Rajasthan Trading Company, Osmanganj Hyderabad, registered under the Indian Partnership Act, 1932. The firm was registered on 8th October, 1968 Subsequently, there were alterations in the constitution of the firm and they were carried out as and when the changes were notified to the Registrar of Firms, Hyderabad On 14-11-1969 the partners of the firm were: Sri Satyanarayan Bhangadia, Smt Ratan Bai Bhattad, Sri Nandlal Sarda, Smt. Yashodabai, Sri Pannalal HiralaJ Bhangadiya, Religious and Charitable Trust, Bidar, represented by their trustees, Sri Srigopal Bhattad, and Sri Raj Kumar and Sri Kant, minors. On 19-10-1971 the last mentioned ...
The Oriental Fire and General Insurance Company Ltd. and anr. Vs. Unio ...
Court: Andhra Pradesh
Decided on: Feb-15-1974
Reported in: AIR1975AP222
Alladi Kuppuswami, J.1. The facts and circumstances which gave rise to this appeal have been stated in our judgment in A. S. No. 519 of 1970. For the purpose of convenience they may be briefly repeated.2. On 20th January, 1962 there was a collision between a goods train and a lorry belonging to the second plaintiff in O. S. 4 of 1967, Sub-Court, Adoni. The lorry was insured with the first plaintiff. The case of the plaintiff is that the lorry was crossing a railway gate when it was struck by a goods train. The lorry was damaged and the driver of the lorry and its cleaner and one of the coolies who were in the lorry died as a result of the injuries sustained during the accident. Another coolie who was in the lorry has lost his right arm and two other coolies received minor injuries. The case of the plaintiffs is that the accident was a result of the negligence of the employees of the railway. They also stated that a sum of Rs. 3,500 had been deposited before the Commissioner for Workmen...
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