Andhra Pradesh Court July 1982 Judgments
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Varupanda Seetharama Swamy and ors. Vs. Allam Ugra Narasimha Murthy
Court: Andhra Pradesh
Decided on: Jul-14-1982
Reported in: AIR1982AP454
1. The substantial questions of law which arise for determination in this second appeal are :(1) Whether the judgment in an earlier suit field for permanent injunction wherein the plea of family arrangement and consequential partition of the properties thereof was rejected, would constitute res judicata in a later suit, also field for injunction, even though the final judgment in Second Appeal arising out of the earlier suit, reserved a right in favour of the plaintiff for establishing his rights and claims by filing a regular suit? (2) Whether the lessee is a 'privy' to the lessor and the judgment against the lessor in an earlier suit filed by him for an injunction would bind the lessee in a later suit to which the lessor is not a party within the meaning of S. 11 of the Civil P. C. 2. Before answering the relevant format of the case may briefly be set out; Defendants 1 to 3 are the appellants herein. The sole plaintiff is the respondent. The plaintiff, Allam Ugra Narasimhamurthy, fi...
Electronics Corporation of India Limited Vs. the Secretary, Revenue De ...
Court: Andhra Pradesh
Decided on: Jul-13-1982
Reported in: AIR1983AP239
Jeevan Reddy, J.1. Andhra pradesh Non-agricultural Lands assessment Act. 1963 was enacted by the state of Andhra pradesh to provide for the levy of assessment on lands used for non-agricultural purposes. It has been amended by the andhra pradesh Act (No. XXVIII) to 1974, which amendment Act came into force on 1-7-1974 the Amendment Act amended the definition of owner' in cl. (J) of sec. 2 along with certain other provisions of the Act. The definition of 'owner' reads as follows:-'Owner' includes any person for the time being receiving or entitled to receive whether on his own account or as agent trustee guardian Manager, or receiver for another person or for any religious educational or charitable purpose rent or profits for the nonagricultural land or for the structure constructed on such land in respect of which the word is used and also includes in respect of the land owned by the state Government or the central Government. (i) a lessee. If the land has been leased out by the Govern...
Spencer and Co. Limited Vs. Lakshminarayana and ors.
Court: Andhra Pradesh
Decided on: Jul-12-1982
Reported in: (1983)IILLJ244AP
ORDER1. The Secretary of the Spencer and Company Limited (the company) terminated the services of their two probationary employees K. Lakshminarayana (KL) and Muralikrishnamacharyulu (KM). They were working in the Vijayawada branch of the company. The two employees, thereupon, approached the authority under the Shops and Establishments Act, 15 of 1966 (Shops Act), for reinstatements and by separate application under the Industrial Disputes Act, 14 of 1947 (Under S. 33C) for wages to be paid to them. The shops authority on July 26, 1978 directed the company to reinstate the employees. On further appeal by the company, the Labour Court at Guntur on July 4, 1979, directed the company to pay salaries and a sum of Rs. 10,000/- each was ordered towards compensation instead of reinstatement. That Court as a Court under Act 14 of 1947, considered the claim of wages under six heads (a) Bonus, (b) leave wages, (c) house rent allowance, (d) attendance allowance, (e) special allowance and (f) incr...
Tynala Musalayya Vs. J. Mohanraj and ors.
Court: Andhra Pradesh
Decided on: Jul-09-1982
Reported in: AIR1982AP410
ORDER1. This Revision petition is against the order allowing the petition to add the respondent herein as the legal representative of the deceased plaintiff under O. 22, R. 3, C. P. C. The averments in the affidavit in support of the petition are that the sole plaintiff died on 20-4-1980 and she had no issues. The deceased plaintiff executed registered was in favour of the petition on 17-2-1977 in sound and made of mind requesting and immovable properties and therefore he is the only heir and legatee to the property of the plaintiff. This petition was resisted on the ground that the alleged Will was not executed in sound disposing state of mind and the suit cannot proceed in the absence of production of succession certificate and the petition is not maintainable. 2. The Court below examined two witness and marked Ext. A-1 i.e., the registered Will dated 17-2-1977 and found that Ext. A-1 is genuine and the petitioner is the only legatee of the deceased plaintiff and held that the petiti...
P. China Sangaiah Vs. the Superintendent, Central Prison, Chenchalguda ...
Court: Andhra Pradesh
Decided on: Jul-08-1982
Reported in: 1982CriLJ2030
Gangadhara Rao, J.1. The question for our consideration in this writ petition is whether the detention of an adolescent offender in a Borstal School is a sentence within the meaning of Clause (a) of Paragraph 2 of G. O. Ms. No. 557 Home (Prison-C) Department dated 30th October, 1980, issued by the Government of Andhra Pradesh. 2. The facts are not in dispute, Sri V. Gopal Reddy, an adolescent offender along with three others were convicted under section 302 I.P.C. and sentenced to imprisonment for life by the Principal Sessions Judge, Hyderabad, in Sessions Case No. 59/1974 on 30th December, 1974. His appeal was dismissed by the High Court of Andhra Pradesh on 12th March, 1976. From 30th December, 1974 till 26th August, 1976, he was lodged in Central Prison, Chenchalguda, Hyderabad. He was transferred to the Borstal School, Visakhapatnam, as per the Government order dated 25th August, 1976 since he was an adolescent offender within the meaning of the Andhra Pradesh Borstal Schools Act,...
Kesarla Raghuram Vs. Narasipalle Vasundara
Court: Andhra Pradesh
Decided on: Jul-06-1982
Reported in: AIR1983AP32
1. The short but important question of law which arises in this second appeal is whether the memo filed before the Court below signed by both the advocates of the parties concerned without being signed by the parties, could be acted upon? The format of the case is : the tenant who is the appellant herein filed R.C.C. 14 of 1979 against the respondent herein for restoration of certain amenities under section 14 of the Rent control Act averring therein that the respondent-landlady is deliberately trying to cut off the electricity connections and so on. That petition is still pending. Thereafter on 8-8-1979 a quite notice under section 106 of the Transfer of property Act was served on the appellant and thereafter the suit was filed for eviction. The suit was decreed and the appeal was preferred which was numbered as A.S. no. 55/1981. The said appeal was directed originally to be posted for final hearing on 18-6-1982. However C.M. P. No. 27/1982 was filed on 25-2-1982 for advancing the cas...
B. Gangaram Vs. the District Collector (Panchayat Wing), Asifabad and ...
Court: Andhra Pradesh
Decided on: Jul-02-1982
Reported in: AIR1982AP374
ORDER1. The President of Asifabad Panchayat Samithi, one Poshetti, died on 24-9-1981. His death caused a casual vacancy in the office of the President of the above Panchayat Samithi. Rule 44 of the Andhra Pradesh Panchayat Samithis (Conduct of Election of President, Panchayat Samithis) Rules 1979 issued in G. O. Ms. No. 142, Panchayat Raj dated 21-2-1979, mandates the election authority to fill up any such casual vacancy of election of a new President within one hundred and twenty days from the date of occurrence of such vacancy. Although the limit of one hundred and twenty days fixed by the aforesaid Rule 44 had expired by 23-1-1982, no election to fill up the casual vacancy caused by the death of the abovesaid Poshetti in the office of the President of Asifabad panchayat Samithi was conducted. The Present petitioner therefore filed this writ petition on 10-2-1982 for directing the respondents to conduct the election and (for) another relief which he had given up now. 2. In view of th...
Katapagarri Venkata Reddy Vs. the Inspector General of Prisons, Andhra ...
Court: Andhra Pradesh
Decided on: Jul-01-1982
Reported in: 1982CriLJ1844
Gangadhara Rao, J.1. This petition for a writ of Habeas Corpus is filed to release (1) Katapagarri Peda Narayana Reddy (2) Suram Nagireddy (3) Suram Narassiah and (4) Katapagarri Chinna Musalappa, who are now lodged in the Central Prison, Chenchalguda, Hyderabad. In Sessions Case No. 97/1974 they were convicted under S. 302, I.P.C. and sentenced to imprisonment for life on 17th November, 1975 by the Additional Sessions Judge, Ananthapur. The Criminal appeal filed by them was dismissed by the High Court. They were also accused in Sessions Case No. 38 of 1972 on the file of the Sessions Judge Ananthapur. They were charged for an offence under S. 302, I.P.C. They were acquitted by the Sessions Judge on 2nd November, 1974. The State preferred an appeal against their acquittal in the High Court. On 31st December 1976 the High Court set aside the order of acquittal convicted them under S. 302, I.P.C. and sentenced them to life imprisonment. By its order dated 29th March, 1979 the High Court ...
Pasupula Narsaiah Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jul-01-1982
Reported in: 1982CriLJ1841
Gangadhara Rao, J.1. Criminal Appeals Nos. 362 of 1980 and 591 of 1980 are preferred by the the sole accused in Sessions Case No. 55 of 1979 on the file of the Sessions Judge Adilabad. While Criminal Appeal No. 591 of 1980 is preferred by him from jail, Criminal Appeal No. 362 of 1980 is preferred by an Advocate on instructions from his relatives. The appellant is thus common in both these appeals. 2. The appellant, Pasupula Narasaiah, is an young boy. He was convicted under S. 302, I.P.C. and sentenced to imprisonment for life. He was also convicted under S. 380 and sentenced to suffer rigorous imprisonment for two years by the learned Sessions Judge. Adilabad. The learned Judge directed that the two sentences should run concurrently. 3. The case of the prosecution is briefly as follows : The appellant is a resident of Sarangapur village. He was aged about 14 of 15 years. He was working as a farm servant under Sandu Nadipi Rajam. The deceased, Advala Ashamma, was an old woman aged ove...
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