Andhra Pradesh Court March 1975 Judgments
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Kothakota Papayya and ors. Vs. State
Court: Andhra Pradesh
Decided on: Mar-31-1975
Reported in: 1975CriLJ1784
ORDERMadhusudan Rao, J.1. This revision is directed against the convictions and sentences passed by the learned Judicial Ist Class Magistrate, Rajam in C. C. No. 81/73 on the file of his Court. The petitioners are the eight accused in the case. They have been convicted under Section 188, I.P.C. and each has been sentenced to pay a fine of Rs. 50 with a default sentence of one week simple imprisonment.2. The case of the prosecution is that the Taluk Magistrate, Cheepurupalli, passed an ex parte order under Section 144(2), Cr. P. C. on 4-8-1970 restraining the eight petitioners from interfering with the possession and enjoyment of certain lands said to be in the possession of one Boddepalli Ramulu, who filed a petition under Section 144, Cr. P. C. in M. C. No. 11/70 and that the petitioners disobeyed the order in the morning of 8-9-1970. The plea of the revision petitioners was that the Magistrate who passed the order under Section 144, Cr. P. C. had no jurisdiction to pass it and that a...
K. Anjaneyulu Vs. the Government of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Mar-21-1975
Reported in: AIR1976AP109
Chinnappa Reddy, J.1. The petitioner is not a miller but he is a dealer in rice. He holds a licence under the Andhra Pradesh Foodgrains Dealers' Licensing Order. He purchases rice from millers and sells the same in the market after contributing the prescribed percentage towards 'procurement levy' under Andhra Pradesh Rice (Procurement Levy and Restriction on Sale) Order, 1967. He also purchases paddy, gets it handpounded into rice and sells the handpounded rice in the market. He has not been contributing any part of the handpounded rice towards 'Procurement levy'. He has, however, been regularly submitting returns under the Foodgrains Dealers' Licensing Order in Form 'C', in which he has always been showing the milled rice and handpounded rice separately with full particulars. All these several years, never did the authorities call upon the petitioner to contribute a percentage of handpounded rice also towards 'procurement levy'. These facts are undisputed. While so, on the night of 1-...
Pothla Vs. Pothula Alias Gaddam Seshireddy and ors.
Court: Andhra Pradesh
Decided on: Mar-21-1975
Reported in: AIR1976AP45
Shiv Shanker, J. 1. This matter comes up before us at the instance of the office to decide the quantum of non-judicial stamp deposited by the appellant-plaintiff.2. The facts in brief are that the appellant-plaintiff on the demise of her husband in 1965 filed O.S. No. 5 of 1968 on the file of the Court of the Additional Subordinate Judge, Kurnool for partition and separate possession of her 7/36th share in the plaint schedule properties. The contesting defendants set up the plea that there was a partition of the joint family properties in 1962 during the lifetime of the plaintiff's husband and that her husband also adopted defendant No 6 on 22-8-1965The learned Subordinate Judge, after trial, arrived at the finding that the partition as set up by the contesting joint family members was false and that defendant No. 6 was duly adopted by the plaintiff's husband. In this view, the plaintiff was held entitled to a 7/144th share in the plaint schedule properties and a preliminary decree was...
Jyothi Chemicals Vs. Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Mar-21-1975
Reported in: [1976]38STC52(AP)
Madhava Reddy, J.1. These writ petitions raise a common question of law as to what is the stage of recovery of the tax under the Central Sales Tax Act, where the monthly return filed is not accompanied by a challan or a cheque for the admitted tax. For appreciating the contentions raised, it is enough to state the facts in W. P. No. 5353 of 1973.2. For the month of September, 1972, the petitioner filed the Central sales tax return as required under Rule 14-A(1) before 25th October, 1972, showing a turnover of Rs. 3,62,378 and the tax payable thereon as Rs. 10,871. The return, however, was not accompanied by a receipt from a Government treasury or a crossed cheque in favour of the assessing authority for the full amount of the tax payable for the month to which the return related as required by Rule 14-A(1) of the Central Sales Tax (Andhra Pradesh) Rules (hereinafter referred to as the Central Sales Tax Rules). The Commercial Tax Officer, the first respondent herein, issued a demand not...
G. Papaiah Vs. Assistant Director, Medical Services, Secunderabad
Court: Andhra Pradesh
Decided on: Mar-19-1975
Reported in: AIR1976AP75
ORDER1. This application by the petitioner, a Chowkidar at Station Health Organisation, Golconda, under Art. 226 of the Constitution of India, is to quash the Order No. 4565/P/M-3 dated 3-8-1973 passed by the Assistant Director of Medical Services, Headquarters, Andhra (Indep) Sub-Area, Secunderabad, the respondent herein, withholding his increment for one year, on several grounds.2. Mr. A. Lakshmanachar, the learned counsel for the petitioner, contends that the impugned order is not a speaking order and it is violative of principles of natural justice as his client was not supplied with a copy of the report of the Enquiry Officer and copies of some other material documents in spite of his requesting for the same. He further urges that charge No. 2 relating to the unauthorised absence of the petitioner from duty from 16th May to 25th May, 1973 is not sustainable in view of the fact that extraordinary leave has been granted by the concerned authority on 18-6-1973 itself and in any event...
Ratanchand Hirachand Vs. Askar Nawaz Jung and ors.
Court: Andhra Pradesh
Decided on: Mar-18-1975
Reported in: AIR1976AP112
Chinnappa Reddy, J. 1. Nawab Salar Jung III, a nobleman of erstwhile Hyderabad State died on 2-3-1949 leaving behind him a vast estate but no issue. Not unnaturally several persons came forward claiming to be heirs of the late Nawab Sajjid Yar Jang and Turab Yar Jung first cousins of the late Nawab were two such claims. But a notification published in the Jarida dated 9-5-1949 the Nizam made the Salar Jung Estate Administration Regulation, 1358 F, and appointed a Committee known as the Salar Jung Estate Committee to administer the estate of late Nawab Salar Jung. The regulation provided that no person including heirs, if any, of the late Salar Jung shall be entitled to the possession of the estate of the deceased so long as it was under the administration of the Committee. It was further provided that the Committee should function until the Government dissolved it by notification. This Committee was continued by the Nawab Salar Jung Bahadur (Administration of Assets) Ordinance 1949 mad...
Cooli Gangadiharam and ors. Vs. State
Court: Andhra Pradesh
Decided on: Mar-11-1975
Reported in: 1975CriLJ1574
ORDERRamachandra Raju, J.1. This Criminal Miscellaneous Petition is filed to quash the proceedings in M. C. No. 4 of 1974 on the file of the Court of the Sub-Divisional Magistrate, Chittoor. 2. The petitioners are respondents 1 to 6 and 8 to 20 in M. C. No. 4 of 1974 referred to above against whom notices were issued under Section 112 of the Code of Criminal Procedure (old) by the Sub-Divisional Magistrate Chittoor, to show cause why they should not be ordered to execute a bond for a sum of Rs. 500 with two sureties for a like sum for keeping the peace for a period of one year, alleging several wrongful acts against them and that they are likely to commit breach of the peace or disturb the public tranquillity. The information under Section 107. Code of Criminal Procedure, was laid before the Sub-Divisional Magistrate, Chandragiri by the Inspector of Police, Tirupati (Rural) and the case was transferred by the District Magistrate, Chittoor from the file of the Sub-Divisional Magistrate,...
Zakaria and ors. Vs. Naoshir Cama and ors.
Court: Andhra Pradesh
Decided on: Mar-07-1975
Reported in: AIR1976AP171
A. Sambasiva Rao, Acting C.J. 1. Questions of substantial import relating to the claims arising our of Motor Accidents arise for consideration in this appeal.2. The appeal relates to a claim arising out of a motor accident which took place on 4th June, 1967 on what is popularly known as Tank Bound Road which connects the twin cities of Hyderabad and Secunderabad. One M.A. Khader (hereinafter called the deceased) met with his death in the accident. He was then driving a scooter which collided with a convertible standard Herald car bearing registration No. KLE 2860 which was being driven by the 1st respondent. The five legal representatives of the deceased who include his parents, his widow and his children, filed O.P. 176/67 before the Motor Accidents Claims Tribunal under Section 110-A of the Motor Vehicles Act, 1939 claiming compensation in a sum of Rs. 4,53,222/-. There are many respondents to the action, the 1st respondent being the person who was driving the car. The 2nd respondent...
B. Yamuna Bai and ors. Vs. Lade Venkoba Rao
Court: Andhra Pradesh
Decided on: Mar-06-1975
Reported in: AIR1976AP46
Raghuvir, J.1. This appeal is directed against the order in I.A. No. 365 of 1971 (in O.S. No. 30 of 1961) filed by the 1st defendant under Section 144, Civil P.C. (1908) for restitution of house property, o the file of the Principal Subordinate Judge, Kurnool. The L.Rs. of the 1st defendant are the appellants. O.S. No. 30/61 was decreed on 26-8-1963. The plaintiffs executed the decree in E.P. No. 54/64 and the plaintiff decree-holder was put in possession of the suit house on 7-10-1963.2. The facts in the suit for purposes of this appeal in brief are stated hereunder. The plaintiff's father, executed a will on 15-12-1938 and under that will, the plaintiff was the sole legatee. His mother the 2nd defendant, under the will, was appointed as the executrix. One Subramanya Rao is the posthumous son of the testator, who was not a party to the suit in O.S. No. 30/61. Notwithstanding the mandates in the Will, the 2nd defendant alienated the suit house for a sum of Rs. 16,000/- on 27-7-1951 in ...
Girineni Srinivasa Rao and ors. Vs. Girineni Radhamma and anr.
Court: Andhra Pradesh
Decided on: Mar-06-1975
Reported in: 1975CriLJ1287
ORDERPunnayya, J.1. In this revision case, the learned Counsel for the petitioners assails the order of the learned Sessions Judge, Karimnagar confirming the conviction and sentence passed by the Munsif Magistrate, Sultanabad in C. C. No. 137/72. The learned Magistrate convicted A-l to A-3 under Section 323, I. P. C. and sentenced each of them to pay fine of Rs. 25/- in default to suffer simple imprisonment for ten days. Aggrieved with the conviction and sentence passed against them, the accused filed a revision petition Cr. R. P. No. 5/1973 before the Sessions Judge, Karimnagar contending that the trial is vitiated as the provisions of Section 242, Cri. P, C. were not complied with.2. The learned Sessions Judge while rejecting the contention observed as follows:It is no doubt true that the accused persons were not examined under Section 242, Criminal P, C. but they were defended by a counsel, and they have also led evidence in defence. It is not shown that the failure to examine them ...
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