Andhra Pradesh Court June 1975 Judgments
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V.J. Mahamood Naina Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jun-30-1975
Reported in: AIR1976AP169
ORDER1. The petitioner and ten others were appointed as members of the District Wakf Committee, Chittoor District for a period of three years. The Andhra Pradesh Wakf Board accorded sanction for the reconstitution of the District Wakf Committee. As the term of the Office for the District Wakf Committee expired on 1-10-1972 (sic), the Wakf Board extended the term of Office of the said committee for a further period of six months commencing from 1-10-1972 (sic) or till a new committee is reconstituted whichever is earlier.2. The petitioner received a copy of the proceedings of the Andhra Pradesh Wakf Board dated 10-12-1973 pertaining to the reconstitution of the District Committee for Chittoor District with effect from the date of the order. The Inspector-Auditor of Wakf, Chittoor District was directed to obtain complete change from the ex-President and hand over to the new President.3. Questioning the validity of the reconstitution of the Committee by the Board on 10-12-1973, the petiti...
The Public Prosecutor Vs. Syed Shaka Mujeebullag Mussaini
Court: Andhra Pradesh
Decided on: Jun-27-1975
Reported in: 1976CriLJ289
Punnayya, J.1. The appellant is the complainant in C. C. No. 3508 of 1973 on the file of the IV City Magistrate, Hyderabad. The learned Magistrate dismissed the complaint and acquitted the accused under Section 247, Criminal P. C, on the ground that the complainant was not present in person when the case was called on for hearing.2. In this case, the complainant (Regional Assistant Inspector of Factories) is admittedly not present when the case was called, and he deputed his attender to request the Court to pass over for a while as he had been to Munsif Magistrate's Court Hyderabad (East),3. The learned public prosecutor assails the order of the acquittal on the grounds (1) that the complainant arranged the attender of the office to request the Court to pass over for a short while as he was engaged in another Court and (2) that the Magistrate ought to have waited till the close of the day before passing orders under Section 247, Criminal P.C.4. I do not find any substance in any of the...
V. Appalanarasimham Vs. Visakapatnam Port Trust and ors.
Court: Andhra Pradesh
Decided on: Jun-23-1975
Reported in: (1976)IILLJ417AP
A. Sambasiva Rao, Acting C.J.1. This writ petition has travelled from a learned single Judge to a Division Bench and then to us sitting in a Full Bench. That is because of the objection raised by the 1st respondent, viz., the Visakapatnam Port Trust as to the maintainability of the writ petition against it. The highest Court of the land has itself spoken on the subject very many times, but not always uniformly. After several pronouncements on the question, the Supreme Court held in Sirsi Municipality v. C.K.F. Tellies 1973--I L.L.J. 226 : AIR 1973 SC 855, that though an ordinary relationship of master and servant is governed by contract, there are certain exceptions to that rule. If a dispute arises under the industrial law or if it is the case of a servant in the employment of State or public or local authority or bodies created under statute, the Court can step in if the dismissal is contrary to rules of natural justice or the provisions of the statute or mandatory procedural require...
Damisetti Subbanna Vs. the State of A.P.
Court: Andhra Pradesh
Decided on: Jun-23-1975
Reported in: 1976CriLJ1242
S. Madhusudan Rao, J.1. This appeal is by the sole accused in Sessions Case No. 83 of 1973 on the file of the Sessions Division Cuddapah against his conviction Under Section 302, Indian Penal Code and sentence of imprisonment for life. The deceased in the case is one Balisetti Pullayya of Sarvayapalle Kothapalle village in Prodduturu taluk of Cuddapah District. The accused also is a resident of the same village,2. The case of the prosecution is: 'The accused was now and then being employed by the deceased for cooly work. The deceased was obliging the accused sometimes by supplying him grains in advance whenever the accused was in need and adjusting the advance towards the subsequent wages of the accused, On 25-8-1973 the accused approached the deceased at about 10 a.m. and requested him to advance him a measure of sojja. The deceased gave a currency note of Rs. 10/- to the accused and asked him to bring change for the same. The accused went to the arrack shop of P.W. 9 and exchange the...
Pokuru Varadarajam Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jun-19-1975
Reported in: AIR1976AP90
A. Sambasiva Rao, Actg. C.J. 1. This revision p has been referred to a Division Bench by our learned brother Madhava Rao, J. It arises out of proceedings for eviction and possession launched by the appellant against the respondent under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act (15 of 1960) (hereinafter referred to ass the 'Act') The relief was sought to the landlord on three grounds of wilful default, causing damage to the building and lastly that he wanted the premises for is own occupation as his residence. The respondent-tenant is the Government of Andhra Pradesh. The Rent Controller did not accept the first two grounds, in fact the first of them was not pressed before him. It was on the third ground that possession was directed to be given to the landlord holding that he bona fide required it for his own occupation as his residence. The appellate court agreed with the findings of the Rent Controller on the first two aspects but came to a different conclus...
T.V. Sarma Vs. Smt. Turgakamala Devi and ors.
Court: Andhra Pradesh
Decided on: Jun-16-1975
Reported in: 1976CriLJ1247
ORDERGangadhar Rao, J.1. In these two petitions, an important question of law is raised with regard to remand and bail during the course of Police investigation. One petition is filed by the State and another by the father of the deceased to cancel the bail granted to A-1 to A-4 on 3-5-1975 by the Judicial Second Class Magistrate, Chirala.2. The brief facts leading up to the filing of these two petitions may be stated: A-1 is the wife of the deceased. A-2 is the father of A-1 and A-3 and A-4 are the sons of A-2. A preliminary charge sheet under Section 302 read with Section 34 I.P.C. and 201 read with Section 34 I.P.C. was filed by the Inspector of Police, Crime Branch, C. I. D. Hyderabad on 3-5-1975 in the court of the Judicial Magistrate of Second Class, Chirala. In that charge sheet, it is stated that all the four accused caused the death of the deceased on the night of 5-1-1975 and in order to cause disappearance of the evidence, these four accused with the assistance of some other...
S.A. Venkatesu and ors. Vs. Venkatamma and anr.
Court: Andhra Pradesh
Decided on: Jun-13-1975
Reported in: 1976CriLJ220
ORDERGangadhara Rao, J.1. This Revision is filed against the order of the Additional Sessions Judge, Chittoor in Cri. M. P. No. 262 of 1974 in Cri. R. P. No. 10/73.2. The Criminal Revision Petition 10 of 1973 was posted for hearing on 27-11-1974. On that date the advocate for the petitioner was not present. No representation was also made. So the revision petition was dismissed for default. Thereafter the Criminal Miscellaneous Petition was filed to set aside the dismissal order and it was set aside by the learned Judge and he disposed of the matter on merits.3. Sri Padmanabha Reddy the learned Counsel for the petitioners contends that the Criminal Court has no power to dismiss a revision for default of appearance of the petitioner or his advocate or to set aside that order. I agree with him. There is no provision to that effect in the Criminal Procedure Code. The learned Judge has relied upon the two decisions reported in Subhlal v. State : AIR1971Pat151 and Public Prosecutor of A. P....
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