Andhra Pradesh Court August 1981 Judgments
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Gaddam Narsa Reddy and ors. Vs. Collector, Adilabad District and ors.
Court: Andhra Pradesh
Decided on: Aug-21-1981
Reported in: AIR1982AP1
Ramachandra Rao, J. 1. The Writ Petition W. P. No. 4204/77 has been referred to a Full Bench by our learned brothers Madhava Rao and Raghuvir, JJ. in view of the conflict of decisions. The other matters have been directed to be posed along with W. P. No. 4204/ 17 on the ground that common questions arise in all the matters. As the main case referred to the Full Bench is W. P. No. 4204/77, we shall refer to the facts in that case to determine the questions that arise for consideration on this reference. 2. The dispute in this write petition relates to Ac. 3.12 cents in S. No. 8, Ac. 0.17 cents in S. No. 33 and Ac. 13.02 cents in S. No. 34 of Nandgaon village situated in Adilabad Taluk, which is a scheduled area. The lands in S. Nos. 33 and 34 were purchases under an agreement to sell dated 10-5-1955 by Abdul Nadem, the third petitioner herein from one Jaithu, a member of the Scheduled Tribe. The petitioner 1 and 2 are said to be cultivating the said lands as tenants of the third petitio...
Banka Kandaswamy Reddy Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-19-1981
Reported in: 1982CriLJ393
ORDER1. The correctness of the order of the Addl. Sessions Judge, Cuddapah, dt. 23-6-1981, upholding the privilege claimed by the Superintendent of Police C.B. C.I.D. under Sections 123 and 124 of the Evidence Act is questioned in this revision. 2. Crime No. 35/78 of Vempalli Police Station relating to the murder of one Laxmi Reddy of Kuppalapalli village was investigated into by the Inspector of Police, Pulivendala. The petitioners are being tried for various offences in S.C. No. 110/79 on the file of the Addl. Sessions Judge, Cuddapah. While the case was being investigated into by the local police, a relation of the 1st accused in the said case, has sent a petition dated 31-7-1978 to the D.I.G. of Police alleging that the local police were colluding with the prosecution party and requested investigation to be entrusted to the C.B. C.I.D. Under instructions from the D.I.G. a C.B. C.I.D. Inspector examined some witnesses and submitted a report on 14-9-1978. The accused applied under Se...
A.B. Nageswara Rao Vs. the Deputy Commissioner, Endowments Department, ...
Court: Andhra Pradesh
Decided on: Aug-14-1981
Reported in: AIR1982AP110
Ramanujulu Naidu, J.1. This above Writ Appeal is preferred against the order rendered by Chinnappa Reddy, J., (as he then was) dismissing Writ Petition No. 3473 of 1977 filed by the appellant therein for issue of a writ, order or direction quashing the order passed by the first respondent herein, the Deputy Commissioner, Endowments Departments, Kakinada, in I.A. No. 8 of 1977 in O.A. No. 132 of 1977 of his file.2. The relevant facts giving rise to the above appeal may be briefly stated :-The appellant claims to have been functioning as trustee of :'Sankara Matham, Rajahmundry and managing the affairs of the Matham ever since the death of Sri Narayanananda Saraswati as trustee of the Matham under a registered will dated 5-10-1973 executed by Sri Narayananda Saraswati. Due to pressure from the Endowments Department he submitted an application to the Assistant Commissioner, Charitable and Hindu Religious Endowments, Rajahmundry on 24-4-1974 for registration of the Matham under S. 38 of th...
Bejgam Veeranna, Venkata Narasimhulu and ors. Vs. State of Andhra Prad ...
Court: Andhra Pradesh
Decided on: Aug-11-1981
Reported in: AIR1981AP350
Choudary, J.1. The plaintiffs are rice-millers. The plaintiffs sold during the crop years 1975-76 and 1976-77 to the Food Corporation of India (F.C.I) certain quantities of rice. For both the years, the plaintiffs were paid at the rates mentioned in the A. P. Rice Procurement (Ex-Mill) Prices Order 1975. But the F.C.I. later acting on the basis that they paid the plaintiffs excess rates under a mistake of law for the crop year 1976-77 started recovering those excess amounts from the rice-millers. The rice-millers sued the Government and the F.C.I. and sought to interdict the Government and the F.C.I. from recovering. The suits filed by the rice-millers in different Courts were dismissed. This appeal is from one such decree passed by a Subordinate Court, Nizamabad District,2. The Andhra Pradesh Rice Procurement (Levy and Restriction on Sale) Order 1967 (simply levy order) issued by the State of Andhra Pradesh in exercise of its powers under the Essential Commodities Act, 1955 (simply th...
V. Ram Reddy Vs. the Chariman, the Sircilla Co-operative Agricultural ...
Court: Andhra Pradesh
Decided on: Aug-11-1981
Reported in: AIR1982AP20
Alladi Kuppuswami, C.J.1. The petitioner was appointed on 19-7-1974 as a temporary Supervisor in the Primary Land Mortgage Bank, Sircilla, now known as the Sircilla Co-operative Agricultural Development Bank Ltd. Earlier when he was occupying the post of a Supervisor in the Land Mortgage Bank, Jagtial his services were terminated in 1973 on the ground that he had misappropriated a sum of Rs. 31/-. It is the case of the petitioner that no enquiry was conducted and his services were terminated in violation of the principles of natural justice. After the said termination, he joined the Sircilla Bank as a temporary Supervisor. The Manager of the Central Agricultural Development Bank informed the employer through his letter dated 12-9-1974 that the petitioner was involved in misappropriation of funds of a sister institution and directed the first respondent viz., the Sircilla Bank to dispense with his services. Thereafter, a number of letters were written by the Deputy Registrar, Agricultur...
Bharat Heavy Electricals Ltd. Vs. State and anr.
Court: Andhra Pradesh
Decided on: Aug-10-1981
Reported in: 1981CriLJ1529
ORDER1. This revision is filed by the Bharat Heavy Electricals Limited, Ramachandrapuram, to set aside the order passed by the Munsif-Magistrate, Sangareddy, in Crl.M.P. No. 156 of 1981. 2. The second respondent, Messrs South Eastern Roadways, Hyderabad, were entrusted to transport 28 (7 + 5 + 11 + 5) seamless steel pipers, 2 cooling coils, 5 laddles and 4 cable drums and deliver them to the petitioner's Company at Ramachandrapuram. The case of the petitioner is that, instead of delivering them, the second respondent retained them with him with an ulterior motive, and thus committed criminal breach of trust. Consequently, report was given at the police station, Ramachandrapuram, and a case was registered under Section 407 of the Indian Penal Code, against the 2nd respondent. 3. The petitioner submits that the abovementioned items are necessary for use in the day-to-day manufacture of the company. The company cannot get these materials in the open market in this country. Many of them ar...
Kale Balaswamy and ors. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-08-1981
Reported in: 1981CriLJ1710
Jayachandra Reddy, J. 1. Accused 1 to 3 in Sessions Case No. 17 of 1979 on the file of the Additional Sessions Judge, West Godavari Division at Eluru are the appellants. They are convicted under S. 304 Part II read with S. 34 of the Indian Penal Code and each of them is sentenced to undergo rigorous imprisonment for a period of five years. A-1 is further convicted under S. 323 of the Indian Penal Code for causing hurt with stick to P.W. 1 and is sentenced to undergo rigorous imprisonment for a period of three months. A-2 is also convicted under S. 324 of the Indian Penal Code for causing simple hurt to P.W. 1 and sentenced to undergo rigorous imprisonment for a period of six months. The convicted accused i.e. A-1 to A-3 preferred this present appeal. These three accused along with seven others were tried for offences punishable under Sections 147, 148 and 302 read with Section 149 of the Indian Penal Code apart from for the minor offences for causing hurt to P.W. 1. The learned Additio...
Raja Picture Palace, Rajahmundry and ors. Vs. Marina Jagga Rao
Court: Andhra Pradesh
Decided on: Aug-05-1981
Reported in: AIR1981AP410
Chennakesav Reddi, J.1. The problem that stands pre-eminently to the fore in this case relates to the limitations and conditions circumscribing the spacious sweep of Section 34 of the Arbitration Act to order stay of legal proceedings where there is agreement for arbitration between the parties.2. The relevant facts and circumstances giving rise to the legal proceedings are these : The plaintiff is the elder brother of the second defendant. Defendants 3 and 4 are the sons and the 5th defendant is the daughter of the 2nd defendant. The 2nd defendant is a double graduate -- B. Sc., B. Ed.3. The plaintiff and defendants 2 to 5 executed a deed of partnership dated 19-4-1978. By virtue of the said deed, they are the partners of the 1st defendant-firm, Raja Picture Palace, Rajahmundry. The said deed is stated to be with the 2nd defendant. Under the deed of partnership, the plaintiff is having a 20% share and the second defendant and his children hold the rest of the 80% share. By virtue of h...
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