Andhra Pradesh Court October 1980 Judgments
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Venugopala Rice Mill and ors. Vs. Secretary, Agricultural Market Commi ...
Court: Andhra Pradesh
Decided on: Oct-31-1980
Reported in: AIR1981AP189
ORDER1. The petitioners are all registered traders carrying on business in paddy and rice within the notified market area of the Agricultural Market Committee, Palakole. They have all obtained licences under Section 7 (1) of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 (hereinafter referred to as 'the Act') from the Market Committee, Palakole, which is the respondent in this writ petition. The trade in paddy and rice is controlled by the various Control Orders issued under Section 3 of the Essential Commodities Act, 1955 with regard to the sale and purchase. Under the provisions of the A. P. Rice Procurement (Levy) and Restriction on Sale Order, 1967, the petitioners have to deliver the prescribed quantity of rice to the Agent of the State Government at the notified price. Under the A. P. Rice (Procurement Ex-Mill Prices) Order, 1975, issued in G. O. Ms. No. 901 dated 8-10-1975 the price for quintal inclusive of taxes on paddy and exclusive of sales tax and...
S.M.P. Private Limited Vs. the State
Court: Andhra Pradesh
Decided on: Oct-24-1980
Reported in: 1981CriLJ764
ORDER1. This revision is directed against the order passed by the learned Judicial First Class Magistrate, Kadiri in Crl.M.P. No. 215 of 1980 in C.C. No. 295 of 1979 on the file of his Court. The petitioner, M/s. S.M.T. Private Limited, Subash Road, Jogeswari Street, Bombay, represented by its Managing Director, is the third accused in the case. The State filed a case against M/s. Kisan Fertilisers, Kadiri, M/s. S.M.T. Private Limited, Nellore and M/s. S.M.T. Private Limited, Subash road, Jogeswari Street, Bombay, as the 1st, 2nd and 3rd accused respectively, for an offence punishable under Section 29(1)(a) ofthe Insecticides Act, 1968 (which will hereinafter be referred to as the Act). The Insecticides in question is Malstan EC 50 and a sample of it was seized from the 1st accused, who is the stockist and seller. When the sample was sent to the Insecticides Analyst, he reported, after due analysis, that it was misbranded. A copy of the report of the Analyst was served on the 1st accus...
J.J. Shankar Vs. W.M. Ismail
Court: Andhra Pradesh
Decided on: Oct-22-1980
Reported in: AIR1981AP336
ORDERP.A. Choudary, J.1. This Civil Revision Petition is filed against an order of the Principal District Munsif Kurnool made in E. P. No. 155/78 in O. S. No. 666/77.2. O. S. No. 666/77 was filed by one Ismail against one Sankar the present) petitioner, for recovery of a small sum of Rs. 1825-37 as due under a khata maintained by Sankar with Ismail in the latter's cloth shop. The allegation was that Sankar purchased during December, 1974 to May, 1975 cloth from Ismail's shoo. That suit was contested by Sankar by raising a variety of pleas. He had denied that he had ever purchased the cloth on credit from the plaintiff and he had also pleaded that he is a small farmer within the meaning of Act 7 of 1977. Subsequently, however, the suit was decreed,3. Sankar was an employee of the State Bank of India, Kurnool, Lens prior to the filing of the aforesaid suit the Branch Manager. State Bank of India. Kurnool wrote a letter to Ismail's Lawyer requesting him not to institute any legal proceedi...
Y. Annapurnamma Vs. Co-operative Sub-registrar and ors.
Court: Andhra Pradesh
Decided on: Oct-10-1980
Reported in: 1981CriLJ1599
ORDER1. This criminal revision case is directed against the order of the 6th Additional Judicial First Class Magistrate, Vijayawada, passed under Section 117 of the Andhra Pradesh Co-operative Societies Act, (Act VII of 1964), hereinafter referred to as 'the Act.' 2. The necessary facts are as follows :- The Ramalingeswara Multipurpose Society, Kanuru, was ordered to be wound up under Section 64(2) of the Act and a liquidator was appointed to manage the affairs of the Society. The petitioner and respondents 2 and 3 in this revision case worked as Presidents of the Society prior of its winding up. The 2nd respondent worked from 1-10-1969 to 30-9-1970 as President. The petitioner Smt. Annapurnamma worked as President of the Society from 1-10-1970 to 1-7-1971 and the 3rd respondent herein worked from 2-7-1971 to 23-3-1975. The 1st respondent herein, who is the liquidator, issued, notice under Section 55 of the Act to these three ex-Presidents to produce and hand over the records. The peti...
Ushodaya Publications (P) Ltd. and ors. Vs. Government of Andhra Prade ...
Court: Andhra Pradesh
Decided on: Oct-10-1980
Reported in: AIR1981AP109
Alladi Kuppuswami, Ag. C.J.1. In this writ petition the petitioner challenges the validity of G.O. Ms. No. 572, General Administration (I.P.R.) Department dated 10-8-1979 by which all advertisements of Government Departments, Public Sector Undertakings and Government Companies are directed to be released only by the Director, Information and Public Relations to the various newspapers keeping in view the subject-matter of the advertisement.2. The Ist petitioner Ushodaya Publications (Private) Limited, owns a leading Telugu daily 'EENADU', which is published from Hyderabad, Visakapatnam and Vijayawada. The 2nd petitioner is the Chairman of the Board of Directors of the Ist petitioner company and is the printer and publisher of Eenadu. Eenadu was started in the year 1974 and within a period of five years it has reached a daily circulation of over two lakhs which, according to the petitioner is the highest circulation for a newspaper in the State.3. As the prayer in the Writ Petition is to...
A.V. Ramana and ors. Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Oct-09-1980
Reported in: AIR1981AP55
A. Kuppuswamy, Actg. C.J.1. The petitioners are employees of the High Court and of the Andhra Pradesh Administrative Tribunal. They applied for admission to the Evening Law College, Hyderabad and sat for the entrance test for admission into the college which is also the same for the day college. Apprehending that by reason of the A. P. Educational Institutions (Regulations of Admissions) Order, 1974 referred to in this judgment as the Presidential Order, that admissions to other than local candidates will be restricted only to 15%, the petitioners have filed this writ petition praying for the issue of a writ or direction in the nature of a writ of mandamus to admit the petitioner into the Evening College, Hyderabad in strict accordance with merit as determined by the marks obtained by the petitioners in the entrance test after holding, if necessary, that paragraphs 3, 4, 5. 6 and 8 of the Presidential Order as amended by the Order of 1976 ;ire ultra vires the provisions of Article 371-...
Vemulapalli China Kondayya and ors. Vs. District Collector, West Godav ...
Court: Andhra Pradesh
Decided on: Oct-09-1980
Reported in: AIR1981AP62
Jeevan Reddy, J. 1. Over the fast few decades, the Government has been assigning Government lands to landless poor persons, with the object of improving their economic lot. Certain Rules have been framed by the Government from time to time, governing such assignment. It is unnecessary for the present purposes to refer to them in any detail, except to mention that most often these Rules and the pattas granted thereunder contained a condition of non-alienability. While the assigned land was heritable, it was made non-transferable. The idea was to ensure that the assignees continue to derive benefits from the lands assigned to them. If the money lenders or other ryots in the village were allowed to take advantage of the helplessness and misery of these landless poor persons, it was assumed, they would take away the land, thus reducing the assignees to their original status of landless poor. But, the Government appears to have found in practice that the said condition of non-alienability h...
Karnati Sriramulu Vs. J.A. Qureshi and ors.
Court: Andhra Pradesh
Decided on: Oct-09-1980
Reported in: AIR1981AP69
1. The 43rd respondent in I.P. No. 1 of 1969 on the file of the District Judge, Khammam, has preferred this appeal against the order dated 21 -9-1978 passed by the District Judge, Khammam directing the Receiver to distribute the amount of Rs. 17,339/- to Creditors Nos. 2, 3, 6, 7, 9, 11 to 14, 18 to 21, 24, 25, 41 and 43 in proportion to the debts proved by them. 2. The case of the appellant is that having allowed the Insolvency Petition, the Court appointed a Receiver to take possession of the property of the insolvent and heard the objections of the creditors. Since respondents 2 to 11 in the Insolvency Petition failed to disclose the particulars of their respective claims, their claims were rejected by the Receiver. Respondents 27 and 29 based their claims on pronotes. The Receiver rejected the claim of the 27th respondent on the ground that he did not produce -the pro-note. However, the Receiver look up the claim of the 29th respondent and directed that the claim may be decided by ...
i.C. Chittaranjan Dass Vs. State Special Police Establishment
Court: Andhra Pradesh
Decided on: Oct-03-1980
Reported in: 1981CriLJ495
1. These two appeals arise out of C.C. No. 40/77 on the file of the Special Judge for S.P.E. cases, Hyderabad, in which the appellant in the former was tried for an offence under S. 5(1)(e) read with S. 5(2) of the Prevention of Corruption Act and was convicted and sentenced to undergo imprisonment till the rising of Court and also to pay a fine of Rs. 40,000/- in default to undergo rigorous imprisonment for one year and nine months. The accused preferred the former appeal questioning the correctness of his conviction and also the sentence of fine imposed against him The State, represented by the Special Police Establishment, preferred the latter appeal complaining that the minimum sentence of one year's imprisonment provided for the said offence should have been at least imposed against the accused. 2. The prosecution case in short is that the accused while working as an Assistant Medical Officer, Class-II in the Railway Department was found to be in possession of Rs. 46,456.77 p. and...
A. Manibhushana Rao Vs. Alapati Suryakantam
Court: Andhra Pradesh
Decided on: Oct-01-1980
Reported in: AIR1981AP58
ORDER1. O.S. 165/78 on the file of the First Addl. Subordinate Judge, Visakhapatnam was between one Alapati Suryakantana as plaintiff and the present revision petitioner as the defendant. The dispute related to some properties. While Suryakantam was deposing as P.W. 1, the defendant was confronting her with Exs. B-3 to B-5, letters allegedly written by plaintiff's husband to the plaintiff. It was argued before the Sub-Judge that they are inadmissible is evidence under Section 122 of the Evidence Act. The learned Sub-Judge upheld the objection raised by the plaintiff and held that they are inadmissible and he therefore directed those letters to be excluded from consideration. The legality of that order is questioned is this revision.2. Section 122 of the Evidence Act reads as under:'No person, who is or has been married, shall be compelled to disclose any communication mode to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disclose any ...
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