Andhra Pradesh Court February 1975 Judgments
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M. Narasimha Reddy and ors. Vs. M. Boosamma
Court: Andhra Pradesh
Decided on: Feb-27-1975
Reported in: AIR1976AP77
Sambasiva Rao, Ag. C.J.1. Though the judgment of Venkatrama Sastry J., which is sought to be appealed against, is an affirming one. Sri P. Rama Rao, learned counsel for the appellants-defendants raises many points in support of the appeal.2. Firstly, he argues that the plaintiff-respondent who filed the suit for partition as the heir of her husband, had lost the status of wife, and so, she could not claim a share. That is on the ground that on 28th day of July, 1962, a decree for judicial separation was passed at the instance of the husband against the respondent. She was provided maintenance at the rate of Rs.200 per month. In execution of this decree for maintenance, she even applied for arrest of the husband. Without anything more happening, he died in the year 1967 and she filed the suit for partition in 1968. Sri Rama Rao maintains that all the requirements of sub-section (1-A) of Section 13 of the Hindu Marriage Act (1955) have existed in this case, since there was a decree for j...
The Tenali National Club Vs. the Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Feb-26-1975
Reported in: AIR1975AP297
A. Sambasiva Rao, Actg. C.J.1. The constitutionality of Section 5 of the Andhra Pradesh (Andhra Area) Gaming Act, 1930 hereinafter called the 'Act' is challenged in this writ (petition on the ground that it offends Article 14 of the Constitution.2. The petitioner is a Club represented by its Secretary. The State Government, the Deputy Superintendent of Police, Inspector of Police and Sub-Inspector of Police are respondents 1 to 4 respectively. The 2nd respondent aided by his subordinates raided the club in the midnight of 5th May 1972, entered the Card rooms made a search and seized cash, playing cards and tokens under a mediatornama. On the next day the 4th respondent filed a charge-sheet against some of the members including the Secretary under Sections 8 and 9 of the Act in C. C. Nog. 301 to 305 of 1972 before the Judicial Second Class Magistrate's court, Tenali. This writ petition has been filed challenging this raid. The trial of the criminal cases has been stayed by this court pe...
Munassar BIn Jan Nisar Yarjung (Died) His Lrs. Marian Begum and ors. V ...
Court: Andhra Pradesh
Decided on: Feb-24-1975
Reported in: AIR1975AP366
Kuppuswami, J.1. One Nawab Jan Nissar Yar Jung died leaving a widow Fatima Begum, He had a son Khalid Bin by another wife and two sons and three daughters by his wife Fatima; namely (i)Mansoor Bin, (ii) Munassar Bin. (iii) Ayeesha Begum (iv) Sayeda Begum, and (v) Zubida Begum. Mansoor Bin and Ayeesa Begum pre-deceased Nawab Jan Nissar Yar June. Mansoor Bin left behind him Fatima Begum and Khadija Begum. Ayeesha Begum left behind her Asiwaz Bin Sayeed Abi-al-lail and Abdul-lah Bin Abi-al-lail. On 17-12-1965 a lawyer's notice was issued to Munassar Bin on behalf of the eldest son, Khalid Bin. Fatima Begum and Khadija Begum the daughters of the deceased second son; Asiwaz Bin Sayeed Abi-al-lail and Abdul-lah Bin-Abi-al-lail the sons of the deceased daughter Ayeesha Begum and Sayeeda Begum and Jubida Begum, the daughters of late Nawab Jan Nissar Yar Jung to the third son Munassar Bin It was stated therein that Nawab Jan Nissar Yar Jung had died leaving these heirs and the three sons were e...
S.N. Joshi Vs. the Railway Board and ors.
Court: Andhra Pradesh
Decided on: Feb-21-1975
Reported in: (1975)IILLJ273AP
Ramachandra Rao, J.1. The petitioner herein was selected to Class I post after being successful in the competitive examination held by the Union Public Service Commission, New-Delhi, in the year 1956 and in the interview held in the year 1957. He was appointed by an order dated 14th April, 1958 of the Railway Board and he joined service on 10th May, 1958 at Madras as Signal and Telecommunication Probationer by order dated 14th May, 1958 of the Southern Railway. The seniority of the petitioner and other Class I Officers similarly selected and appointed, is fixed from the respective dates of their joining service.2. On account of successive Five Year Plans, necessity arose for making appointments of temporary officers in various departments without adopting the usual procedure of recruitment through competitive examination held by the Union Public Service Commission. The 2nd respondent was appointed as a temporary Assistant Signal and Tele-communication Engineer, on 4th July, 1956, and t...
Paluru Rosaiah Setty and ors. Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Feb-20-1975
Reported in: [1975]36STC430(AP)
Ramachandra Rao, J.1. All these tax revision cases raise common questions and hence they are disposed of by a common judgment.2. As the points raised in these revision cases are similar, it is sufficient to refer to the facts in one case, i. e., T. R. C. No. 9 of 1974. The petitioners herein are registered dealers in paddy and rice. For the assessment year 1964-65, the turnover of the petitioners under the Central Sales Tax Act was determined by the Commercial Tax Officer at Rs. 6,11,754.27. The said turnover was assessed to tax at 2 per cent under the Central Sales Tax Act. This turnover included sales of paddy in the course of inter-State trade amounting to Rs. 6,08,979.60. Against the said order, the petitioners went up in appeal to the Assistant Commissioner, Commercial Taxes, Anantapur, who, following the judgment of the Supreme Court in State of Mysore v. Yaddalam Lakshminarasimhiah Setty & Sons [1965] 16 S.T.C. 231 (S.C.), set aside the assessment on the inter-State sales of pad...
Surisetti Appa Rao Vs. the State of Andh. PrA.
Court: Andhra Pradesh
Decided on: Feb-20-1975
Reported in: 1975CriLJ1292
Ramachandra Raju, J.1. The petitioner was convicted under Sections 16(1) and 7 read with Section 2(ix)(j), of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act'), and Rule 29 of the Rules framed thereunder, and sentenced to undergo rigorous imprisonment for a period of six months which is the minimum sentence provided under Section 16(1) of the Act. It is not in dispute that the petitioner sold the sample dhal to the Food Inspector and when it was sent to the Public Analyst it was found to be misbranded.2. The only point argued by Sri K. Kolanda Reddy learned Counsel for the petitioner, is that the petitioner purchased the dhal in question under bill Ex. D-1 from D. W. 1 and therefore the petitioner is entitled to the benefit given under Section 19 of the Act. Section 19 of the Act reads as follows:19. Defences which may or may not be allowed in prosecution under this Act:(1) It shall be no defence in a prosecution for an offence partaining to the sale of any...
T. Shivlal and ors. Vs. Balaram and ors.
Court: Andhra Pradesh
Decided on: Feb-12-1975
Reported in: AIR1976AP78
ORDER1. The point raised in the revision petition is whether cross-objection can be preferred in a C.M.A. filed under the Order 43, Rule 1 (a) C.P.C. The lower appellate court held that cross-objections cannot be preferred in such an appeal and rejected the memorandum of cross-objections filed in C.M.A. No. 131 of 1973.2. The learned counsel for the petitioner submits that the cross-objections, a few facts are necessary to be stated. The petitioners are the defendants. The respondents-plaintiffs filed a suit for declaration and injunction against the petitioners-defendants. They valued the suit land at Re. 1 per square yard. The defendants took objection to that valuation in their written statement and stated that the market value of the suit land is Rs. 30 per square yard.3. The trial Court, i.e., the 2nd Assistant Judge, City Civil Court, Hyderabad, framed issue No. 4, viz., 'whether the court-fee paid is not sufficient and whether this Court has no pecuniary jurisdiction to try the ...
T. Raj Mallaiah Vs. District Medical and Health Officer and anr.
Court: Andhra Pradesh
Decided on: Feb-12-1975
Reported in: (1975)IILLJ268AP
Madhava Reddy, J.1. The petitioner was appointed temporarily on 29th June, 1961 under Rule 10(a)(i) of the State and Subordinate Service Rules as surveillance worker in the N.M.E.P. Unit and after putting nearly eight years of service, he was promoted temporarily as a Surveillance Inspector, Grade II and posted to Chilvakodur sector. While serving at that place, he applied for leave from 5th May, 1969 to 8th May, 1969 and thereafter he extended his leave from time to time till 5th February, 1973 and reported to duty on the afternoon of 5th February, 1973 on expiry of his leave.2. The 2nd respondent referred the matter to the District Medical and Health Officer, Karimnagar, the 1st respondent herein for orders as to posting, The 1st respondent by his proceedings Re. No. 9440/E3/73, dated 24th March, 1973 which are now impugned, held that, as per Rule 6(b) under note of the Andhra Pradesh Leave Rules the petitioner's services are deemed to be terminated from 2nd October, 1969.3. It is co...
The Public Prosecutor Vs. D. Venkataranga Reddy
Court: Andhra Pradesh
Decided on: Feb-12-1975
Reported in: 1976CriLJ1252
ORDERRamachandra Raju, J.1. These two criminal miscellaneous petitions which are connected have been filed in the following circumstances:2. The petitioner in Crl. M P. No. 2201 of 1974 is the State. The petitioner in Crl. M. P. No. 2639 of 1974 is the complainant out of whose complaint against four Police Officers who were working in Anantapur District at the relevant time, viz., the Assistant Superintendent of Police and the Sub-Inspectors of Police for offences under Sections 166 202, 330, 365, 367, 368 and 324 read with Sections 109, 114 and 34, Indian Penal Code. P. R. C. No. 19 of 1971 was registered in the court of Judicial First Class Magistrate, Anantapur. On a complaint filed by the Police against the same complainant, C. C. No. 93 of 1973 was taken on file by the Judicial First Class Magistrate, Anantapur. The Magistrate committed the four police Officers to Sessions in Sessions Case No. 72 of 1974 on the file of the Assistant Sessions Judge, Anantapur. The Government acting...
Y. Bhagyalakshmamma Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Feb-10-1975
Reported in: AIR1975AP294
Ramachandra Rao, J.1. This Writ Appeal is preferred against the judgment of our learned brother Obul Reddi, J. (as he then was) in W. P. No. 2149 of 1972 dismissing the same. The facts giving rise to this Writ Appeal are as follows:--2. The appellant's husband Y. Muddanna was granted a stage carriage permit for plying a stage carriage on the route Nambulipulikunta to Penugonda. The said Muddanna sought for variation on the route Nambulipulikunta to Penu-gonda as Nambulipulikunta to Hindupur via Penugonda. On 22-12-1967 the Regional Transport Authority, Anantapur, considered the proposal with regard to the variation under Section 47 (3) of the Motor Vehicles Act, hereinafter called 'the Act' and rejected the same. The said Muddanna had also applied under Section 57 (3) of the Act for variation of the permit. After due notification calling for objections, and after receiving the representations, the Regional Transport Authority at its meeting held on 18-5-19&8 rejected the said applicati...
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