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Andhra Pradesh Court April 1982 Judgments

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Apr 24 1982

Md. Abdul Aziz Vs. Golla Bhumavva and ors.

Court: Andhra Pradesh

Decided on: Apr-24-1982

Reported in: AIR1982AP349

Ramachandra Rao, J.1. The facts giving rise to this writ petition are as follows. The dispute in this writ petition relates to Ac. 7-29 guntas of land in Chintalangaram village of Banswads Taluk, Nizamabad district. One Golla Bhumavva, the grandmother (mother's mother) of respondents 1 and 2 executed a mortgage with possession in respect of the aforesaid land on 17th Shaherevar 1353 Fasli in favour of one Abbas Bee, wife of Syed Ibrahim for Rs. 300/-. While so, Syed Ibrahim appears to have endowed the said land to the Jama Masjid at Banswada on 21-9-1953. The said land was registered as a wakf on 26-6-1954.2. The 1st respondent filed a petition on 17-1-1977 under S. 4 read with S. 6 of the Andhra Pradesh Agricultural Indebtedness (Relief) Act, 1977 for a declaration that the mortgage debt stood discharged, and for delivery of the said lands to the respondents 1 and 3. The petitioner filed a copy of the registered mortgage deed and also copies of the extracts of the pahanies for the yea...


Apr 23 1982

Ashok Thadani Vs. Ramesh K. Advani and ors.

Court: Andhra Pradesh

Decided on: Apr-23-1982

Reported in: 1982CriLJ1446

Punnayya, J.1. The first respondents filed to a petition, Crl.M.P. No. 10 of 1982 before the Judicial First Class Magistrate, Ghandhidham, Kutch, alleging that his wife. Usha Advani and daughter Shilpa, were under wrongful confinement of the petitioner, Ashok Thadani at Vijayawada, where he was carrying on business and they should therefore, be prayed for the issuance of search warrant under S. 97 Cr.P.C. The Magistrate issued warrant and disputed the Head constable, respondent No. 2 and the constable, respondent No. 3 of Ghandhidham Police station execute the warrant and to produce Usha Advani and Shilpa before him. Accordingly respondent 2 and 3 came to Vijayawada and took custody of Usha Advani and Shilpa Advani and brought then to Secunderabad Railway Station to the board the train, Minar Express at Secunderabad. The petitioner from whose custody Usha Advani and Shilpa were taken away by respondents 2 and 3 filed this writ petition under Article 226 of the constitution for the issu...


Apr 23 1982

Gedala Ramulu Naidu Vs. State of Andhra Pradesh and anr.

Court: Andhra Pradesh

Decided on: Apr-23-1982

Reported in: 1982CriLJ2186

Punnayya, J. 1. The petitioner was convicted in Sessions Case No. 29 of 1971 and Sessions Case No. 79 of 1971 by the Additional Sessions Judge. Visakhapatnam, on 29-5-1972, and sentenced to one year and seven years on two counts, respectively, and the sentences were directed to run concurrently. The petitioner was an undertrial prisoner in the above cases from 19-6-1969 to 8-3-1970, i.e., for the period of 262 days, and also from 19-1-1971 to 28-5-1982, i.e., for a period of 496 days. It is therefore clear that he underwent imprisonment as an undertrial prisoner for a total period of 759 days. While the matters stand thus, the Sub-Divisional Magistrate, Parvathipur, ordered on 9-3-1970 in M.C. No. 4 of 1969 to furnish security with two sureties each for a sum of Rs. 2,000/- for one year. But the petitioner could not furnish the security, and he was therefore kept in prison for a period of on year, i.e., from 9-3-1970 to 9-3-1971. 2. The petitioner contends that if the period of undertr...


Apr 23 1982

Gangaram Vs. Government of Andhra Pradesh and anr.

Court: Andhra Pradesh

Decided on: Apr-23-1982

Reported in: 1982CriLJ1433

Punnayya, J.1. The petitioner's brother named jai Bhagwan was kept under detention by an order of detention passed by the first Respondents on 20-2-1982, under S. 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 hereinafter referred to as the Blackmarketing Act. 2. While passing the order of detention in exercise of the powers of conferred under S. 3(1) of the Blackmarketing Act the Commissioner of Civil Supplies furnished the grounds of detention on 20-2-1982 as required under S. 8 of the Act, in order to enable the detenu to make a representation against the order of detention to the appropriate Government. The grounds read as follows :- 'You are a partner of M/s. Jainarayan Jaibhagwan a firm registered in Delhi, in the month of January and February, 1982 you brought 21 consignments of Maida to Hyderabad for sale and got the documents concerned with the said consignments of Maida from Laxmi commercial bank. You have been trading in ...


Apr 23 1982

Chevuru Suryanarayana Reddy and ors. Vs. Government of Andhra Pradesh ...

Court: Andhra Pradesh

Decided on: Apr-23-1982

Reported in: AIR1983AP17

Madhava Reddy, A.C.J.1. These two appeals are directed against the judgment of our learned brother gangadhara Rao, J., allowing writ petition No. 5524 of 1978 in part.2. The land acquisition officer, Nellore published a notification under S. 4(1) of the Lnad Acquisition Act hereinafter referred to as the 'Act' in the Gazette on 7-10-1978 notifying the acquisition of an extent of Ac. 1-06 cents of lnds in survey No. 314/1 an 315/B1 of Reddigunta village hamlet of yellayapalem village belonging to the petitioners. The substances of the said notification was publiched in the locality on 17-11-1978. This land was proposed to be acquired for providing house sites to scheduled tribes and economically backward classes and for that purpose invoking the powers under S. 17(4) the enquiry under sec. 5-A of the Act was dispensed with. However in view of the guidelines issued by the Government of Andhra pradesh in their Memorandum No. 1952/G. 76-4 Revenue (G) Department dated 24-7-1976 advising the...


Apr 23 1982

Chilamkuri Gouri Sankar Rao and anr. Vs. Bhurugumalla Venkatappayya So ...

Court: Andhra Pradesh

Decided on: Apr-23-1982

Reported in: AIR1983AP310

Ramanujulu Naidu, J.1. Against the preliminary decree dt. 22-11-1978 passed in O.S. No. 20 of 1975 on the file of the Court of the subordinate Judge Guntur, instituted by the 1st respondent against defendants 1 to 7 thereto for recovery of a sum of Rupees 84,736 on the foot of a deed of mortgage, dt. 15-10-1970 executed by late chilamkuri venkata Kotirathnam. Both on behalf of himself and as guardian of his son impleaded as the 1st defendant in the suit who was then a minor. For a sum of Rs. 49,000 by enforcing the mortgage against the hypothecated property a terraced building situate at Guntur town as also against the other properties of the 1st defendant and of late venkata kotirthnam in the hands of all the defendants defendants 1 and 4 pereferred the above appeal.2. Defendants 2 and 3 are the divided sons while defendants 5 to 7 are the daughters of late chilamkuri venkata Kotirathnam the 4th defendant is his widow.3. The case of the plaintiff is that defendants 1 to 3 and their fa...


Apr 23 1982

Ravur Venkata Subbaiah Vs. Meruga Kamalamma

Court: Andhra Pradesh

Decided on: Apr-23-1982

Reported in: AIR1982AP369

K. Madhava Reddy, Actg. C.J. 1. This appeal is directed against the judgment of the II Additional Judge, City Civil Court, Hyderabad, allowing a petition, O. P. No. 63 of 1979, filed under Sec. 13 of the Hindu Marriage Act, 1955 for granting a decree for divorce and directing the custody of the minor child to be with the mother, the respondent herein. 2. The husband, who was the petitioner in the lower Court, is the appellant in this appeal. It would appear from the order under appeal that the husband had alleged that the male child was born to the respondent on 14-1-1978 'out of the wedlock', evidently what he means is as a result of the wedlock or matrimonial relationship and not an illegitimate child. It was his case that after the birth of the child, the relationship between the husband and the wife became strained and the wife began indulging in immoral activities and started living in adultery. The respondent used to come home during nights in a drunken condition and sometimes ab...


Apr 21 1982

Shamsuder Rao Vs. State of Andhra Pradesh and ors.

Court: Andhra Pradesh

Decided on: Apr-21-1982

Reported in: AIR1982AP405

Madhava Reddy, A.C.J.1. This writ appeal is by the unsuccessful writ petitioner whose claim for admission to M. S. (General Surgery) Course in the Osmania Medical College was rejected.2. The writ Petition came to be filed in the following circumstances. The appellant passed his M.B.B.S. Examination from the Osmania Medical College in 1979. He completed the Rotating Internship in May 1980 in the Osmania Medical College. Being eligible for admission into the Post-graduate courses in medicine of the universities in the State, he appeared for the entrance test held for admissions to the Post-graduate courses in medicine in 1981. He qualified to be admitted to the two years' course of D. C. H. (Diploma in Child Health). He joined that course. He applied for admission to the Post-graduate courses during 1981-82 also The entrance test for admission to this course was held in Dec. 1981 at which his roll number was 8655. The results published on 6-1-1982 showed that he secured 138 out of 200 ma...


Apr 20 1982

Gangula Pratap Reddy Vs. Gangula Vijayalakshmi and ors.

Court: Andhra Pradesh

Decided on: Apr-20-1982

Reported in: 1982CriLJ2365

ORDER1. The First respondent and her minor sons filed M.C. No. 48/77 for maintenance and the maintenance was awarded at the rate of Rs. 300/- and that has become final. The husband who is the petitioner herein however failed to pay the maintenance regularly and therefore the respondents filed M.P. 1636/80 for enforcement of the maintenance. The learned II Additional Judicial First Class Magistrate, Warangal directed the husband to pay a sum of Rupees 6,085/- with arrears and in default to undergo 20 months' simple imprisonment. He also directed that warrant should be issued under Section 125(3) to the Collector of Warangal authorising him to realise the said amount as arrears of land revenue. It is this order that is challenged in this revision case. 2. The learned Counsel for the petitioner submits that under Section 125(3) the 1Magistrate has no power to impose a sentence of imprisonment in respect of each month for which the maintenance remained unpaid. It is true the learned Magist...


Apr 16 1982

Mohd. Ahmed Khan Vs. Commissioner of Police, Hyderabad and anr.

Court: Andhra Pradesh

Decided on: Apr-16-1982

Reported in: 1982CriLJ1846

Raghuvir, J.1. In this writ petition, the detention of Peerzada Mohd. Khan under the National Security Act 65 of 1980 is questioned. He was arrested on March 18; the grounds of detention were served on him on March 22, 1982. The detenu is the Secretary of a Society with the name - ('Our Home Weaker Sections Co-operative House Construction Society') (the Society) in-corporated under the State Act 7 of 1964. He is a close associate of Mohd. Ibrahim Khan whom we have in W.P. No. 2313/1982, today, ordered to be set at liberty from like detention. Peerzada and Mohd. Ibrahim Khan, the two it is averred with other associates are said to control numerous Societies. Their activities are to grab vacant lands and build their personal estates. Some instances are stated in the grounds of detention against peerzada. 2. In ground No. 1, it is averred, Hilay Foods and Feeds, a firm owns 8 acres of land covered by S. Nos. 73 and 74 at Saroornagar. One G. V. Krishnaiah had purchased that land on Decembe...


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