Andhra Pradesh Court July 1980 Judgments
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Rolla Ramakrishna Rao and ors. Vs. Challagalla Brahmavathi
Court: Andhra Pradesh
Decided on: Jul-25-1980
Reported in: AIR1981AP29
Gangadhara Rao, J.1. This appeal is filed by the judgment-debtors questioning the order of the Subordinate Judge, Kakinada, dismissing their petition under Order 21, Rule 90 C.P.C. even without numbering it, The judgment-debtors filed a petition under Order 21, Rule 90 C.P.C., questioning the sale of their house property on a number of grounds. The learned Judge heard the counsel for judgment-debtors and held that there were no grounds to register the petition and proceed with the enquiry and rejected the petition.2. In this appeal, it is submitted by the learned counsel for the appellants that the learned Judge erred in not numbering the petition and dismissing it without numbering it. It is submitted that he should have held an enquiry before dismissing the petition. We find merit in this contention. It is true that under Order 21, Rule 90 Sub-rule (3) C.P.C. an application to set aside a sale need not be entertained upon any ground which the applicant could have taken on or before t...
Manda Viswanadham and anr. Vs. the State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Jul-23-1980
Reported in: AIR1980AP312
1. In a collision between two motor vehicles on a National Highway where each party blames the other of negligence and it is not possible to say that one account was more probably correct rather than the other, is the claim for damages by one against the other maintainable is the novel question that is raised in this motor accident case.2. At about 12-30 P. M. the jeep APK 7145 belonging to the Government of Andhra Pradesh and driven by Ethirjulu, P. W. 3, collided with the motor car APP 9257 belonging to the first defendant and driven by the second defendant on the Vijayawada - Hyderabad National Highway near Gouravaram village. In the jeep P. W. 4 the Deputy Tahsildar, Jaggayyapet, P. W. 8, the Election U. D. Clerk, Jaggayyapet, two peons and one typist were travelling while in the motor taxi going in the opposite direction to wards Hyderabad, D. Ws. 3 and 4 and another person by name Hiladri Rao were travelling. As a result of the collision the jeep as well as the motor car sustaine...
B. Bhaskara Reddy Vs. Government of Andhra Pradesh and anr. Overruled
Court: Andhra Pradesh
Decided on: Jul-17-1980
Reported in: (1981)ILLJ342AP
Madhava Reddy, J. 1. In these two writ petitions, two members of the teaching professions call in question the orders of dismissal passed against them under Proviso (c) to Art. 311(2) of the Constitution of India. 2. The petitioner in Writ Petition No. 1267 of 1980, Shri B. Bhaskar Reddy, was a Grade I Telugu Pandit in the Government Junior College, Malakpet, Hyderabad. He was first appointed on 3-1-1966. He was arrested by the police on 18-5-1974 on a charge of conspiracy and is one of the accused in Sessions Case No. 10 of 1975 of the file of the Second Additional Metropolitan Sessions Judge at Hyderabad in what has now come to be known as 'Secunderabad Conspiracy case.' He is a writer and a poet in Telugu language and is well-known under the pen-name of 'Charabanda Raju'. He is a member of the Revolutionary Writers' Association and he and several other writers who belong to that Association along with some others, in all numbering 42, are accused in the Secunderabad Conspiracy case....
Deccan Chronicle Vs. Employees' State Insurance Corporation
Court: Andhra Pradesh
Decided on: Jul-14-1980
Reported in: [1981(42)FLR132]; (1980)IILLJ474AP
Choudary, J.1. This is an appeal preferred by the Management of the Deccan Chronicle against judgment of the Employees' Insurance Court, made in E.I. Case No. 47 of 1976 dated 14th March, 1977, holding that the quarterly payments made to certain categories of employees of the Deccan Chronicle under a settlement entered into between the management and the workmen under S. 12(3) of the , on 31st March, 1973, as subsequently revised on 28th April, 1976 constitute as and account for wages within the meaning of S. 2(22) of the Employees' State Insurance Act, 1948. 2. It appears that the management of the Deccan Chronicle and their employees had originally entered into an agreement on 3rd September, 1970, whereunder it is provided, that the employees of the Deccan Chronicle working in the departments of job, news, lino and rotary sections, etc., should he paid a special allowance once in every quarter for the extra work done over and beyond norms in connection with the extra pages on certain...
Vishnu Kumar and ors. Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Jul-08-1980
Reported in: 1980CriLJ1361
ORDER1. This is a petition to quash the proceedings in C.C. No. 341 of 1979 on the file of the Court of the V Metropolitan Magistrate, Hyderabad. 2. A private complaint was filed before the V Metropolitan Magistrate Hyderabad. It was sent for investigation under S. 156(3) of the Cr.P.C. The Station House Officer, Nampally Police Station, after due investigation, filed the charge-sheet against the accused for offences punishable under sections 120-B, 468 and 471 of the I.P.C. 3. The case of the prosecution is that the complainant is the owner of the shops bearing municipal Nos. 5-7-568 to 5-7-575, situated at Nampally, Hyderabad and that A-3 and A-4 are the tenants. A-1 is the son of A-2. They have cloth business opposite to the shop of the owner i.e. the complainant. The complainant wanted to sell the shops as he was getting very low rent and he made this known to some of the accused. Therefore, A-3 and A-4 were afraid that the shops would be purchased by somebody else and A-3 and A-4 ...
Karnatakam Govindappa Setty and Sons Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jul-08-1980
Reported in: [1980]46STC510(AP)
Madhava Rao, J. 1. These two petitions are filed to direct the respondent to issue a direction to the Commercial Tax Officer to refund the tax amounts paid for the assessment years 1974-75 and 1975-76 to the petitioner pending disposal of the tax revision cases. In the affidavit filed in support of the petitions it was stated that against the order of the Assistant Commissioner, Kurnool, confirming the orders of the Commercial Tax Officer, Guntakal, for the assessment years 1974-75 and 1975-76, the petitioner filed appeals before the Sales Tax Appellate Tribunal disputing levy of tax on a turnover of Rs. 1,83,565.85 and Rs. 1,80,919 on the ground that the said turnover being one form of 'mida' is not liable for tax under the Andhra Pradesh General Sales Tax Act. 2. The petitioner paid the entire tax as the authorities were pressing for payment of tax. Relying upon a decision of the Supreme Court in Alladi Venkateswarlu v. Government of A.P. : [1978]3SCR190 , the Tribunal allowed the ap...
Bhagwandas Jhawar Vs. Collector of Central Excise, Hyderabad and ors.
Court: Andhra Pradesh
Decided on: Jul-03-1980
Reported in: 1985(22)ELT40(AP)
Alladi Kuppuswami, A.C.J.1. This is an appeal against the Judgment and order of our brother Justice Jeevan Reddy in Writ Petition No. 3213 of 1978 which was filed by the appellant herein to quash the orders dated 16-5-1970 of the Government of India confirming the order of the Gold Control Administrator, Ministry of Finance, which in turn confirmed the order of the Collector, Central Excise, Hyderabad. 2. On 30-4-1966 the Officers of the Headquarters Preventive Intelligence Unit (Gold Cell) attached to the Hyderabad Central Excise Collectorate Office visited the appellant's premises and enquired whether he was in possession of any primary gold. The appellant replied in the negative. His house was searched and 13 slabs of gold were recovered from an iron safe. Notice was issued to show cause why the gold seized from him should not be confiscated. The appellant submitted an explanation stating that the gold was given to him by his father-in-law long prior to 1963 and that he wanted to in...
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