Andhra Pradesh Court June 1980 Judgments
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Aryasomayajula Venkata Subba Rao Vs. Aryasomayajula Surya Kumari
Court: Andhra Pradesh
Decided on: Jun-23-1980
Reported in: AIR1980AP318
P. Ramachandra Raju, J.1. This appeal Under Section 28 of the Hindu Marriage Act arises out of O. P. No. 76/73 on the file of Sub-Court, Rajahmundry. The appellant is the husband, who filed the said petition for a decree for judicial separation or for divorce under Sections 10(1)(a) and 13 of the Hindu Marriage Act. The appellant alleged desertion as a ground for judicial separation or divorce. The respondent-wife resisted the application, inter alia, on the ground that the separation was brought about by consent of parties, evidenced by the agreement Ex. B-1 dated 15-12-1968, in and by which the appellant gave his consent for her separate living and that the appellant is not entitled either for judicial separation or for divorce. This plea of the respondent found favour with the trial Judge, who, accordingly dismissed the petition with costs. 2. The appellant who is now working as the Head of the Department of Chemistry, Government College, Palakol, married the respondent in February,...
Y. Thirupathi Rao and anr. Vs. Collector of Central Excise, Hyderabad ...
Court: Andhra Pradesh
Decided on: Jun-20-1980
Reported in: 1983(14)ELT2346(AP)
ORDER1. In these two writ petitions, the petitioners pray for a declaration that Trade Notice Nos. 135/79 dated 22-6-1979 and 200/79 dated 17-8-1979 are not applicable to them. The petitioners are persons known as Takedars, who get the biris rolled by labour employed in biri making. They take the tobacco and leaves from the Principal Manufacturer, engage workers within their premises, get them rolled into biris and deliver the goods to the Principal Manufacturer and receive proportionate consideration for the biris rolled in their premises. By Trade Notice No. 135/79 (Hand made biris No. 6/79) dated 22-6-1979 all agents including contractors, sattedars and takedars of principal manufacturers of biris, whose clearance of raw biris in a financial year exceed 60 lakhs were required to take out a licence in Form No. L-IV and execute bonds for removal of raw biris provided they do not themselves sort, bake or wrap the biris. It is not necessary to refer to the other items in the notice as w...
N. Kamala Mani Vs. O.V. Subramanyam
Court: Andhra Pradesh
Decided on: Jun-18-1980
Reported in: AIR1981AP241
Chennakesav Reddy, J.1. This revision petition raises an interesting question as to the scope and amplitude of the definition of 'loan' under Section 2 (4) of the Andhra Pradesh (Telangana Area) Moneylenders Act (Act No. 5 of 1349 Fasli) (hereinafter referred to as 'the Act'). The question is whether money lent without interest is loan. As the question involved is one of considerable importance and as there was an apparent conflict between the decisions of this Court rendered in Dwarkadas v. Habib Mohammad Jaffer, (1962) 1 Andh WR 144; Khaja Begum v. Gulam Mohiuddin, : AIR1976AP65 (DB) on the one hand and the decision in Lohori Seethayya v. Malgireddy Mattareddy, (1974) 1 Andh WR 42 on the other on the question one of us (Chennakesav Reddy, J.) referred the case to a Division Bench for resolution of the apparent conflict in the decisions of this Court.2. Before we proceed to answer the question it would be profitable to state the relevant facts which are not in dispute.The plaintiff in...
Deekonda Anoopkumar Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jun-16-1980
Reported in: AIR1981AP23
ORDER1. The question that falls for consideration in this case is whether it would be competent for the Tribunal to adjudicate upon a point sought to be raised for the first time on remand though the remand order did not pertain to the same, nor the point was agitated on the first round. The relevant facts in brief are: The revisionist herein on a declaration filed, claimed certain reliefs, Aggrieved by some, he preferred an appeal and not satisfied with the appellate order, went in revision. In the revision certain points were argued and the revisional Court remanded the matter to the primary Tribunal. It is at that stage for the first time the question was raised with regard to the classification of S. Nos. 271, 274, 275 and 278 of Dharmavaram village contending that they have been wrongly classified as wet lands instead of dry. Though the primary Tribunal rejected to entertain both on merits as well as on the ground that on remand it was not competent for the revisionist to agitate ...
C. Ramaiah Vs. Mohammadunnisa Begum
Court: Andhra Pradesh
Decided on: Jun-13-1980
Reported in: AIR1981AP38
Chennakesav Reddy, J.1. This appeal by the defendant under Clause 15 of the Letters Patent is directed against the affirming judgment of our learned brother M. Ramachandra Raju, J., in C.C.C.A. No. 183 of 1975 preferred against the decree of Second Additional Judge, City Civil Court, Hyderabad, in O.S. No. 211 of 1970. The respondent-plaintiff filed the suit to recover the possession of the land of an extent of about 11,000 sq. Yards, comprised in Survey No. 142, in Amberpet, Hyderabad Urban Taluq, or in the alternative to recover damages of a sum of Rs. 11,000 with interest at 9% per annum. The trial Court decreed the suit for possession of the suit land and the appeal preferred by the defendant was also unsuccessful Hence this appeal.2. The material facts giving rise to the litigation between the parties are not much in dispute. The plaintiff executed an agreement of sale, Ex. A-1, dated 6-8-1963 agreeing to sell the suit land to the defendant for a sum of Rs. 11,000. Under the said ...
Purra Pentaiah Vs. Madam Pandya
Court: Andhra Pradesh
Decided on: Jun-13-1980
Reported in: AIR1980AP290
ORDER1. Sub-rule (1) of Rule 5 of O. XLI, C. P. C., empowers the appellate Court to stay the execution of the decree under appeal, while sub-rule (2) confers a similar power upon the Court which passed the decree, provided an application is made before the expiration of the time allowed for appeal. Sub-rule (3) qualifies the power conferred by sub-rules (1) and (2). It says:'(3) No order for stay of execution shall be made under sub-rule (1) or sub-rule (2) unless the Court making it is satisfied. (a) that substantial loss may result to the party applying for stay of execution unless the order is made;(b) that the application has been made without unreasonable delay; and(c) that security has been given by the applicant for the due performance of such decree or order as may ultimately be binding upon him.' The form in which security contemplated by sub-rule (3) (c) is to be furnished, is prescribed in Appendix 'G'. Form No. 2, thereof, which is the relevant one, reads as follows:- 'No....
Pathuri Gangaraju Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jun-12-1980
Reported in: AIR1981AP30
ORDER1. This revision raises rather a vital question, i.e., whether a compromise decree rendered subsequent to the notified date (1-1-1975) in a suit instituted prior to the advent of the A. P. Land Reforms (Ceiling on Agricultural Holdings) Act, would amount to alienation by way of 'surrender within the meaning of Section 17 of the Act2. Before adverting to the contentions and counter-contentions, the relevant facts in brief may be noticed. There was a contest and a rival contest with regard to a will and a rival will as sought to be set up by the petitioner's father-in-law and his brother. Certain suits and counter suits were filed. They were O.S. No. 17 of 1964, O.S. No. 675 of 1962 and O.S. No, 769 of 1974. All these suits were clubbed and heard together. The contest was with reference to the wills dated 7-10-1962 and 20-9-1962 The petitioner who claimed the rights through his father-in-law, was however, in possession of three extents of land comprising Ac. 2-40 cents, Ac. 2-13 cen...
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