Andhra Pradesh Court July 1975 Judgments
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Machiraju Parthasarathy Vs. the Tobacco Export Promotion Council and o ...
Court: Andhra Pradesh
Decided on: Jul-30-1975
Reported in: AIR1976AP321
Jayachandra Reddy, J.1. The appellant was appointed as Market Information Officer on 5-11-1966 in the Sub Office of the Tobacco Export Promotion Council (lst respondent) at Guntur on a salary of Rs. 210 for a period of one year and served continuously for 5 years. Respondents 2 to 4 are the Secretary, Chairman and Vice-Chairman of the Tobacco Export Promotion Council (1st respondent). On 15-2-1971 the Administrative Committee passed a resolution authorising the 3rd respondent to take action against the appellant and the appellant's services were terminated with effect from 1-4-1971 in pursuance of a notice issued on 28-2-1971. The appellant filed O.P. No. 40 of 1971 against respondents 1 to 4 herein to permit him to file the suit in forma pauperis and for declaration that the order terminating his services is illegal inoperative. He also claimed damages against the respondents to an extent of Rs. 92,705 being the total amount of his salary for 12 years and also further damages of Rs. 1...
The Visakhapatnam Ex-servicemen Co-operative Motor Transport Society a ...
Court: Andhra Pradesh
Decided on: Jul-28-1975
Reported in: AIR1976AP326a
1. The Visakhapatnam Ex-Servicemen Co-operative Motor Transport Society and the Co-operative General Insurance Company have filed this appeal against the order of the 1st Additional District and Sessions Judge, Visakhapatnam in O.P. No. 9/69.2. S. Gurumurty was working as a crane driver in the Port Trust, Visakhapatnam. At about 10-45 P.M. on 8-11-1968 while he was returning home from his office the City Bus A.P.V. 933, owned by the lst appellant-Society dashed against him. He was admitted in the hospital and he died at 2 P.M. on the net day. So his legal representatives filled a petition under Section 110 of the Motor Vehicles Act claiming compensation of Rs.40,000. their case was that the driver was rash and negligent in driving the bus and thereby the accident has happened. The appellants herein contended that the driver was not rash or negligent and even otherwise the deceased was guilty of contributory negligence.3. The learned Additional Sessions Judge on an appreciation of the e...
Divvi Suryanarayana Murthy Vs. Competent Authority and anr.
Court: Andhra Pradesh
Decided on: Jul-28-1975
Reported in: [1976]102ITR19(AP)
Chinnappa Reddy, J.1. On October 28, 1972, Mudunuri Linga Raju and Narasimha Raju executed a deed of sale in favour of the petitioner in respect of a property described as 'Sri Saraswathi Picture Palace 'for a consideration of Rs. 1,00,000. Consideration passed and possession was delivered that day ; the document was presented to the Sub-Registrar, also an the same day, for registration. After complying with all formalities, the Sub-Registrar directed the vendors to produce the tax clearance certificate prescribed by Section 230 of the Income-tax Act in order to complete the registration. The vendors obtained the certificate on November 16, 1972, and the document was registered on the same day. On May 18, 1972, the competent authority under Chapter XX-A of the Income-tax Act issued a notice to the petitioner informing him that he proposed to acquire the property under Section 269D as he had reason to believe that the property had been under-valued with a view to facilitate the evasion ...
Radhakrishna Murthy Vs. Subbaiah and ors.
Court: Andhra Pradesh
Decided on: Jul-24-1975
Reported in: AIR1976AP293
A. Sambasiva Rao, Ag. C.J.1. Our learned brother, Madhava Reddy, J., has granted leave, while dismissing Second Appeal 71 of 1972, affirming the concurrent decision of the courts below. That is why the L.P.A. has been preferred. The question posed is whether the reunion of the family is valid in law.2. It is necessary to note the material facts of the case before we enter upon the discussion on the question raised. On behalf of two sons, who are members of a Hindu undivided family O.S. 233 of 1954 was filed in the District Munsif's Court, Repalle against their father, for partition, when they were still minors. A preliminary decree was passed on 20th of December, 1954 directing partition as prayed for. For reasons best known to themselves, their next friend and guardian, subsequently for some time even after both of them had become majors, no proceedings were taken for passing a final decree. It was one decade after the preliminary decree , that is, in 1964 that I.A. No. 1489 of 1964 w...
Koliparthi Kotaiah Vs. Revenue Officer and ors.
Court: Andhra Pradesh
Decided on: Jul-22-1975
Reported in: 1976CriLJ530
Ramachandra Raju, J.1. This revision is directed against an order of the Sessions Judge, Ongole Division, in an. appeal filed before him under Section 6-Cof the Essential Commodities Act confirming the order of the District Revenue Officer, Ongole, confiscating to the Stata some quantities of foodgrains as provided:, under Section 6-A of the Essential Commodities Act on the ground that when the Sub-Inspector of Police, Vigilance Cell, Nellore, inspected the residence of the petitioner on 1-9-1972 he was found in. possession of some quantities of foodgrains and seized them and on the next day when, the Inspector searched the shop of the petitioner, the petitioner was found in possession of some more quantities of foodgrains and they were also seized arid he was found in possession of the same-without a licence under the Andhra Pradesh Foodgrajns Dealers' Licensing Order, 1964 (hereinafter referred to as the 'focusing Order). The total quantity of foodgrains seized came to more than 35 q...
Bandara Veeramma and ors. Vs. Chirtravuri Ramakrishna Sarma and ors.
Court: Andhra Pradesh
Decided on: Jul-18-1975
Reported in: AIR1976AP370
Raghuvir, J.1. This appeal is by defendants 1 and 4 to 7 against the judgment in O.S. No. 32 of 1967 on the file of the Court of the II Additional District Judge, Rajamundry.2. The suit was laid for partition of plaint 'A' and 'B' schedule properties described as the estate of late Chirravuri Pedda Venkanna, a resident of village Sitanagaram, Taluk Rajamundry. The plaintiff claimed two-thirds of 'A' and 'B' Schedule properties amongst themselves in six equal shares, one each for them, and for future profits. After the death of Ch. Pedda Venkanna, the plaintiffs alleged, the estate devolved on and because vested, under the Hindu Succession Act, in his paternal uncle's son Chinna Venkanna, who also died on 7-3-1965. Plaintiffs 1 and 2 are Chinna Venkanna's sons, 3 to 5 are his daughters and the 6th plaintiff is his widow.3. There are about 40 defendants impleaded in the a suit and among them are also impleaded tenants in occupation of some of the scheduled properties. 4. In view of the s...
Andhra Pradesh State Transport Corporation Vs. R. Maheshwari and ors. Overruled
Court: Andhra Pradesh
Decided on: Jul-15-1975
Reported in: AIR1976AP232
Krishna Rao, J. 1. All the above writ appeals and the writ petitions raise a common question and may be disposed of by a common judgment.2. The appeals are all directed against the orders of Obul Reddy, J., (as he then was). The appellant in each of the appeals in the Andhra Pradesh State Road Transport Corporation, Hyderabad. The petitioners in the two writ petitions and the respondents in these writ appeals are inter-State Operators of Stage Carriage holding the requisite permits. The policy of nationalizing Road Transport Services was extended to some of the Coded Districts. In the instant cases, we are concerned with Chittoor and Anantapur Districts. In order to understand the question involved in the writ appeals and the writ petitions, we will deal with the facts in Writ petition No. 7327 of 1975, the order against which is the subject matter of Writ Appeal No. 374 of 1974. In the rest of the matters before us, the facts are very similar and the legal contentions raised by either...
Pentakota Surya Appa Rao and ors. Vs. Pentakota Seethayamma and ors.
Court: Andhra Pradesh
Decided on: Jul-15-1975
Reported in: [1976]103ITR222(AP)
Ramachandra Raju, J.1. This civil revision petition is directed against an order of the court of the Subordinate Judge, Visakhapatnam, in O.S. No. 146/68, holding that certain income-tax returns and assessment orders produced by the income-tax department and sought by the plaintiffs can be marked as evidence. Defendants 1 to 3 in the suit are the petitioners. The suit is filed for partition by the wife and daughter of one late Bapa Rao, the deceased brother of defendant No. 1, Defendants 2 and 3 are the minor sons of defendant No. 1 and the 4th defendant is the wife of the 1st defendant. The suit for partition is filed alleging that Bapa Rao and the 1st defendant are the two sons of Appanna. 5th and 6th defendants are his two daughters. Appanna and his two sons constituted a joint family. Bapa Rao died on August 27, 1951, undivided with his father, Appanna, and his brother, the 1st defendant. On his death, under the Hindu Women's Rights to Property Act, one-third share of Bapa Rao in t...
In Re: Mohammad Raiazuddin
Court: Andhra Pradesh
Decided on: Jul-15-1975
Reported in: 1976CriLJ125
ORDERMadhusudan Rao, J.1. This revision is directed against the order passed by the learned Judicial First Class Magistrate, Adilabad dismissing the petitioner's complaint under Section 203, Cri. P.C.2. The petitioner is a Forest Guard. He filed a complaint under Sections 323 and 504, I. P.C. against the District Forest Officer Adilabad and one Namdev. a Forest Guard alleging as follows : The complainant is a Forest Guard working under the District Forest Officer. On 16-1-1975, the District Forest Officer called the complainant to his residence and abused him. The complainant reported the matter to the. Conservator of Forests. On 28-1-1975 when the complainant was going in a rickshaw at about 5-30 p.m. and when he reached the office of the Assistant Engineer, P.W. D. Adilabad, he met the District Forest Officer and Namdev who were coming in the opposite direction on a scooter. The District Forest Officer asked the complainant to stop the rickshaw. When the complainant stopped the ricks...
C. Obula Konda Reddy Vs. C. Pedda Venkata Lakshmamma
Court: Andhra Pradesh
Decided on: Jul-14-1975
Reported in: AIR1976AP43
1. An interesting question of law is raised in this appeal. The 1st defendant is the appellant. The plaintiff is his wife and his father is the 2nd defendant in the suit. The plaintiff filed the suit for maintenance and for recovery of jewels.2. The plaintiff's case briefly is that the 1st defendant deserted his first wife Balanarasamma and married her in January, 1955. They lived together till 1967 when the 1st defendant began to ill-treat her and ultimately drove her out of the house.3. The 1st defendant denied the marriage with the plaintiff. 4. The learned District Munsif dismissed the suit holding that the 1st defendant married the plaintiff in October, 1955 after Hindu Marriage Act, 1955, came into force on 18-5-1955, and therefore the marriage was void under Sec. 5 read with Section 11 of that Act, and consequently the plaintiff was not the legal wife of the 1st defendant entitled to any maintenance.5. Against that decree, the plaintiff filed an appeal before the District Judge,...
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