Andhra Pradesh Court March 1974 Judgments
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Yaparti Sambaiah Vs. Jasti Basavapurna
Court: Andhra Pradesh
Decided on: Mar-29-1974
Reported in: AIR1975AP15
ORDER1. These two revisions arise out of two applications one for the appointment of a Commissioner to seize the lorry A. D. B. 162 and produce the same into Court and the other one filed under Section 151. Civil P. C. to order delivery of the lorry to the petitioner herein. The facts giving rise to these revisions are the following:-- 2. The respondent herein filed the suit O. S. 3 of 1974 on the file of the Sub-Court, Tenali for specific performance of an agreement dated 12-11-1973 and for possession of the lorry A. D. B. 162. According to her case, she purchased the lorry from the petitioner herein by an agreement dated 12-11-1973 after paying an advance sum of Rs. lO,OOO/-for a sum of Rs. 36,700/-. The possession of the lorry was delivered to her and she became the owner thereof. According to the conditions of the agreement the petitioner herein had to clear a debt due on the lorry to a creditor at Bhimavaram and after obtaining T. P. permit in his name he should inform the plainti...
V. Waman Rao Vs. Collector of Adilabad District and ors.
Court: Andhra Pradesh
Decided on: Mar-29-1974
Reported in: (1974)IILLJ542AP
ORDERChinnappa Reddi, J.1. The petitioner who was selected by the Public Service Commission was appointed as lower division clerk in the office of the Special Deputy Collector, Land Acquisition. At his request he was transferred to Adilabad District and joined duty at Nirmal on 17-12-1965. Though he was entitled to have his service reckoned with effect from 17-12-1965 for the purpose of seniority, for some unknown reason, according to the seniority list published in 1969 his seniority was reckoned from 15-3-1966. The result was respondents 2 to 9 who were juniors to him and who were temporary lower division clerks when he joined duty at Nirmal were placed above him in the seniority list. Whereas he ought to have been placed at serial No. 60 he was actually placed at serial No. 68. In this application for the issue of a writ the petitioner seeks a direction that the seniority list should be rectified and that he should be placed at serial No. 60 instead of at serial No. 68. The facts al...
K. Venkat Reddy Vs. the Regional Transport Authority, Cuddapah by Its ...
Court: Andhra Pradesh
Decided on: Mar-25-1974
Reported in: AIR1975AP111
1. This is an appeal from the iudgment of our learned brother Obul Reddi, J. given in W. P 5413 of 1971 on 27-3-1973 whereby the learned Judge dismissed the writ petition.2. The facts lie in a narrow compass and are not at all in dispute.3. The petitioner K. Venkatareddy, filed an application under Article 226 of the Constitution for the issue of a writ of certiorari to quash the order of the Government incorporated in G. O. Rt. 2772 dated 25-9-1971. The facts leading to that writ petition are that the petitioner is a transport operator in Cuddapah District. Pursuant to the notification of the 1st respondent calling for applications for the Rrant of a staffe carriage permit on the route Duvvur to Proddatur, the petitioner. 4th respondent and several others filed applications. The petitioner was applicant No. 8 and the 4th respondent was applicant No. 29 before the 1st respondent.4. On 30-4-1970 the 1st respondent rejected the qualifications of the petitioner and granted permit to the 4...
Mohd. Basha and ors. Vs. the Secretary, Regional Transport Authority a ...
Court: Andhra Pradesh
Decided on: Mar-25-1974
Reported in: AIR1975AP242
ORDERChinnappa Reddy, J. 1. The petitioners in these four applications under Article 226 of the Constitution are owners of Motor Vehicles hired from time to time as contract carri-ages. They contend that hitherto they used to apply for the grant of special per-mite under Section 63(6) of the Motor Vehicles Act in the prescribed form 'PTOVA' and that special permits used to be granted in the prescribed form 'PTOV'. Neither the rules nor the prescribed forms require them to furnish the names of all the passengers who propose to utilise the contract carriage under the special permit. It was never considered necessary. Recently the Regional Transport Authorities of the District of Krishna, Kurnool, Guntur and West Godavari, have started insisting on the applicants for special permits submitting along with the applications for special permits complete lists of passengers proposed to be carried by the contract carriages under the special permits to be issued. The petitioners object to the in...
Lakshminivas Vs. Commissioner of Police and anr.
Court: Andhra Pradesh
Decided on: Mar-22-1974
Reported in: 1974CriLJ1419
Muktadar, J.1. By our order pro. Bounced: on 18th March, 1974 we directed that the detenu should be set at liberty forthwith as the detention was illegal. We now proceed to record our reasons in support of our order.2. One Laxminivas who is the Managing Partner in the firm of Murari and Co., carries on business of whole sale dealers at Premises No. 15 1.52/1 Feelkhana, Hyderabad. He has been detained under Section 3 (1) (a) (iii), Maintenance of Internal Security Act by order of the Commissioner of Police, Hyderabad dated 3- 1-1971. He was taken into custody on. 4-1-1974, and the grounds of detention were served upon him on 7-1-1974. The only ground specified in the order of detention is that the detenu has been adulterating groundnut oil with an extraneous substance known as Argemone oil which is injurious to public health, and selling it to the public for con sumption; as such, the detenu has contravened the provisions of the Prevention of Food Adulteration Act. 1954, and, therefore,...
Pachigolla Srinivasarao Vs. Pachigolla Samudram and ors.
Court: Andhra Pradesh
Decided on: Mar-18-1974
Reported in: 1975CriLJ1581
ORDERRamachandra Raju, J.1. This is a reference made by the First Additional Sessions Judge, Visakapatnam in a matter arising under Section 488, Criminal P. C. to set aside the order of the Magistrate granting maintenance to the 1st respondent. Respondents 2 and 8 are minor children of 1st respondent. Now, the finding of both the Courts is that respondents 2 and 3 were born to the 1st respondent through the petitioner, The respondents filed me maintenance application against the petitioner alleging that about ten years ago, the petitioner married the Ist respondent at Visakapatnam and they were living together till 5 months prior to the filing of the application. Respondents 2 and 3 were born to them. Thereafter, the petitioner married another woman and started living with her and thereafter he has completely neglected to maintain the respondents. The petitioner denied that there was a marriage between him and the Ist respondent and respondents 2 and 3 were born to him. Respondent 3 wa...
Chittoori Ramachandra Rao Vs. Tax Recovery Commissioner and ors.
Court: Andhra Pradesh
Decided on: Mar-13-1974
Reported in: [1975]100ITR591(AP)
Chinnappa Reddy, J.1. The Income-tax Officer, B-Ward, Company Circle, Hyderabad, issued a certificate under Section 222 of the Income-tax Act to the Tax Recovery Officer for the recovery of a sum of Rs. 66,000 from the petitioner, the managing director of Kanakadurga Chit Funds(Private) Ltd., Nizamabad. Pursuant to the certificate a house belonging to the petitioner was attached and brought to sale. Though the actual amount due was Rs. 66,000 and that was the figure mentioned in the certificate issued under Section 222, by some mistake the order of attachment served on the petitioner and the sale proclamation published as required by the rules mentioned the sum of Rs. 1,04,080 as the sum payable by the petitioner. The order of attachment was passed on December 14, 1971, and the sale proclamation was published on June 7, 1972. The petitioner filed an objection-petition before the Tax Recovery Officer pointing out that the amount due from the petitioner was wrongly mentioned in the sale ...
income-tax Officer, B-ward Vs. Official Liquidator
Court: Andhra Pradesh
Decided on: Mar-04-1974
Reported in: [1976]46CompCas46(AP); [1975]101ITR470(AP)
Gopal Rao Ekbote, J.1. This company application has come to us on a reference made by our learned brother, A. Sambasiva Rao J.2. The facts in outline are that Sri Ramalingeswara Crushing Mills Company (Private) Ltd. is in liquidation. The Income-tax Officer, B-Ward, Company Circle, Hyderabad, submitted a claim for Rs. 4,028.50 as against the company in liquidation. The said sum is due to the income-tax department in respect of assessment years 1951-52, 1952-53 and 1955-56. Recovery proceedings were initiated to recover the amounts of tax assessed. Properties of the company were attached in 1958. As the winding-tip order was passed by the High Court, the recovery proceedings were suspended. Subsequent to the winding-up order, the Income-tax Officer claimed that the said amount due from the company should be accepted as preferential claim and paid.3. The official liquidator by his order dated November 6, 1973, admitted the claim but declined to treat it as a preferential claim. Relying u...
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