Andhra Pradesh Court December 1977 Judgments
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Shaik Fathima Bi Vs. Sri Venkata Chapathy Finance Corporation, Rayacho ...
Court: Andhra Pradesh
Decided on: Dec-28-1977
Reported in: AIR1978AP401
1. The only point raised in this second appeal is whether the 3rd defendant. The appellant herein, can be made liable for the suit debt as a universal donee under the gift-deed dated 18-8-1970 executed by the first defendant in favour of his wife the third defendant.2. The suit out of which this second appeal arises was filed by the plaintiff the respondent herein, for recovery of a sum of Rs. 1016-25. due on a promissory note dated 3-10-1969 executed by the defendants 1 and 2 in favour of the plaintiff for Rs. 2000/- with interest at 8 per cent and costs. The 3rd defendant was impleaded on the ground that the first defendant had transferred by way of a gift, the whole of his property under the gift deed Ex. A-2 dated 18-81970 in favour of his wife. The execution of the promissory note was admitted, and only the passing of consideration, was denied. Both the courts below negatived the plea of the defendants 1 and 2 and found that the suit promisory note was true and supported by consid...
G. Chandramouli and anr. Vs. the State
Court: Andhra Pradesh
Decided on: Dec-28-1977
Reported in: 1978CriLJ549
ORDERJayachandra Reddy, J.1. The question of law that arises for decision in this case is whether the requirement Under Section 11(3) of the Prevention of Food Adulteration Act, viz., that the Food Inspector shall send the sample by the immediately succeeding working day to the Analyst, is mandatory or directory,2. The necessary facts that gave rise to this question may briefly be stated. The 2nd petitioner is a dealer in Kdrana articles in the name and style of Sri. Rajarajeswari Provision Stores. The 1st petitioner is an employee under him and he is generally in charge of the shop. On 21-8-1976 at 12-30 P. M. the Food Inspector visited the shop and purchased a sample of 450 grams of Kurd Oil from a tin. After going through the necessary formalities, the sample was divided into three. One of the samples was sent to the public Analyst on 24-8-76, The Public Analyst gave an opinion that the sample was adulterated as it contained 30% of groundnut oil. A prosecution was launch- ed and the...
Yedlapati Venkateswarlu Vs. the State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Dec-27-1977
Reported in: AIR1978AP333
Sambasiva Rao, J. 1. A river of part our judgement dated 9th Dec. 1977 rendered in W. A. No. 465/76 is sought in this petition. That Writ Appeal arose out of W. P. 384/75 wherein the petitioner was unsuccessful and who consequently preferred and writ appeal. In the Writ Petition he sought a declaration that G. O. Ms. No. 255 M. A. Dated 15th of June, 1973 and assessments of properties in pursuance of the G. O. made by the Vujayawada Municipality from 1-10-1973 were illegal, void and unconstitutional. A direction to the State of Andhra Pradesh and the Vijayawada Municipality was also prayed for restraining them from enforcing the provisions of the Andhra Pradesh (Andhra Are) District Municipalities Act, 1920 for the purpose of levying tax on property. Our learned brother Kuppuswami, J. heard this and another writ petition together and dismissed both of them. Along with the Writ Appeal we heard and disposed another writ appeal and writ petition.2. It is unnecessary here to go into the ci...
Misrilal Mangilal Maternity and Child Welfare Centre Construction Comm ...
Court: Andhra Pradesh
Decided on: Dec-23-1977
Reported in: 1978CriLJ1360
ORDERMadhusudan Rao, J.1. This revision is directed against the order passed by the learned Xth Metropolitan Magistrate, Secunderabad, in Crl. M. P. No. 970 of 1977 on the file of his court. The petitioner is Misrilal Mangilal Maternity and Child Welfare Centre Construction Committee, represented by its Chairman Thakur V, Hariprasad. The petitioner filed a comalaint before the Xth Metropolitan Magistrate under Sections 420 and 403 read with 120-B I.P.C. against the three respondents. The Magistrate dismissed the complaint observing as follows:It is seen from the petition that the complainant Thakur V. Hari Prasad has filed this petition in his representative capacity as Chairman of the Mangilal Maternity and Child Welfare Centre Construction Committee. It is admitted by the Counsel for the complainant that it is not a registered body. I am of the opinion that in the eye of law and being an unregistered body, it has no legal existence and is not capable of holding or disposing of any pr...
M. Reddannam Vs. Revenue Divisional Officer and ors.
Court: Andhra Pradesh
Decided on: Dec-21-1977
Reported in: [1980]46STC232(AP)
S. Sambasiva Rao, J. 1. The question formulated by our learned brothers Chennakesav Reddy and Madhava Rao JJ. whiel referring the writ petition to a Full Bench is; 'Whether the Revenue Divisional Officer has jurisdiction to issue a warrant of arrest and detention of a defaulter under Sec. 48 of the Revenue Recovery Act.' This is one of the questions which arise in the petition filed seeking a writ of habeas corpus. Though our learned brothers have referred the case itself to a Full Bench , learned counsel for the petitioner has submitted that besides this question there are many other points which he seeks to urge in the writ petition and therefore requested us to give our opinion on it and remit back the matter to the Division Bench. Acceding to this request, we will now proceed to answer the question 2. It appears there are arrears of sales tax of an extent of Rs. 33,274-65 ps due from the petitioner. By proceedings dt. 25-6-1977 the Revenue Divisional officer. Cuddapah expressed the...
Sri Balaganesh Textiles Vs. Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Dec-14-1977
Reported in: [1978]41STC445(AP)
Ramachandra Raju, J.1. Though the petitioners are different, as common question of law is involved in the two C.R.Ps., they were heard together for common disposal. The revision petitions have been filed under Article 227 of the Constitution of India. They have arisen out of notices given to the petitioners by the Commercial Tax Officer, Tirupathi, informing them that for the year 1973-74 while assessing to tax their turnovers under the Andhra Pradesh General Sales Tax Act, 1957, hereinafter referred to as 'the Act', some portions of the turnovers have escaped assessment and that he proposes to assess them on the escaped turnovers and to file objections, if they have got any, on 24th January, 1977, at 11 a. m. in his office. On receipt of the notices, questioning the jurisdiction of the Commercial Tax Officer to reassess, the assessees have filed these two civil revision petitions.2. The Commercial Tax Officer seeks to assess the escaped turnovers for the year 1973-74 invoking the prov...
The Union of India and ors. Vs. Chabildas Manikdas and Brothers
Court: Andhra Pradesh
Decided on: Dec-13-1977
Reported in: AIR1978AP262
ORDER1. The civil Revision Petition arises out of a smallcause suit filed by the respondent against the petitioners Railways. The respondent consigned to the Railways earthenware in a full wagon by booking it at Bahadurgarh Railway Station on 8-12-1972 for delivery at Hyderabad. Open delivery of the goods was taken at Hyderabad on 22-12-1972. Four packages of earthenware were found broken. Towards the cost of that broken earthenware, the respondent filed the suit against the Railways to recover a sum of Rs. 798-80 ps. The Additional Judge, City Small Cause Court, who tried the suit found misconduct and negligence on the part of the Railways and accordingly decreed the suit. Aggrieved by that the Railways have preferred this revision petition.2. The earthenware was not packed in wooden cases, but it was packed in grass and tied with ropes. In ex. B-3 forwarding note, there is a specific endorsement signed by the consignor to the effect that the packing conditions are not complied with a...
M. Sakuntala Devi Vs. V. Sakuntala and ors.
Court: Andhra Pradesh
Decided on: Dec-13-1977
Reported in: AIR1978AP337
Reddy, J.1. The plaintiff-appellant filed O. S. No. 565 of 1972 in the Court of the Second Additional Child Judge, City Civil Court, Hyderabad for specific performance of an agreement of re-conveyance dated 5-7-1967. The plaintiff sought a decree directing defendants 1 to 3 to execute a registered sale-deed after receiving a sum of Rs. 13,000/- from the plaintiff. On 28-3-1973 a memorandum of compromise signed by the parties and their counsel was filed and a decree was passed in terms of the compromise decree with which we are concerned was as follows:---'That in cases the plaintiff pays to the defendants 1 and 2 a sum of Rs. 13,000/- on or before 15-4-1973, the defendants 1 and 2 shall execute the sale-deed conveying house no. 8-3-943/1 to 4 situated at Ameerpet Cross Roads, Hyderabad in favour of the plaintiff or his nominee Manieni Mudukrishna. The costs of conveyance by way of execution of the sale-deed shall be borne by the plaintiff alone.'The very next day, the plaintiff filed I...
Attepalli Gopaiah Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Dec-07-1977
Reported in: 1978CriLJ798
Punnayya, J.1. The appellants are A-l to A-7 in Sessions Case No. 43 of 1976 on the file of the Sessions Judge, Warangal. They were tried for rioting and murder in connection with the death of Maidam Venkataiah (who will hereinafter be referred to as the 'deceased') in an incident that took place on 22-4-1676 at 9 A. M. at the thrashing floor of the deceased near Theerthagadda well. The learned Sessions Judge found A-l to A-7 guilty of the offence under Section 148 I. P. C, and sentenced them to suffer rigorous imprisonment for six months each. Regarding the murder of the deceased, the learned Sessions Judge framed a charge Under Section 302 IPC or in the alternative Under Section 302 read with Section 149 IPC But he found them guilty under ,S. 302 read with Section 34 IPC and sentenced each of them to imprisonment for life. The learned Sessions Judge framed the third charge against A-l to A-7 Under Section 307 I.P.C. for attempting to commit murder of the deceased or in the alternativ...
Machiraju Vishalakshi and ors. Vs. the Treasurer, Council of India Mis ...
Court: Andhra Pradesh
Decided on: Dec-06-1977
Reported in: AIR1978AP310
S. Obul Reddi, C.J 1. These two miscellaneous appeals arise out of two awards passed by the motor Accidents Claims Tribunal, West Godavari at Eluru in O. P. Nos. 75 and 76 of 1969. the claimants who are the legal representatives of the two deceased persons are the appellants before us. They filed separate applications under S. 110-A of the Motor Vehicles Act read with R. 514 of the Rules for awarding compensation.2. In O. P. No. 75 of 1969 out of which C. M. A. No. 19 of 1976 arises, the claimant asked for compensation of an amount of Rs. 50,000/- and in O. P. No. 75 of 1969 out of which C.M. A. No. 20 of 1976 arises, they asked for compensation of Rs. 40,000/- On 15-4-1969, a Fiat Car A. P. G. 8138 belonging to the first respondent, the Treasurer Council of India Mission of the Luthern Church in America, Guntur, was involved in an accident between milestones 310/5 and 310/4 Grand Trunk Road, while it was being taken from Rajahmundry to Guntur. The Fiat Car was driven by the Second Res...
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