Court : Andhra Pradesh
Decided on : Sep-26-1972
Reported in : AIR1973AP17
1. The appellant makes biscuits. So does the respondent. The appellant's biscuits have embossed on them a certain design in the centre of which appear the letters ' AF'. The design is registered under the Design act, 1911. The respondent's biscuits also have embossed on them an identical design except that the letters ' AB' appear instead of the letters 'AF'. The appellant complaints that the respondent has committed piracy of his design. He has filed a suit in the city Civil Court, for a permanent injunction to restrain the respondent from using the design on his biscuit. Pending disposal of the suit he sought a temporary injunction. An ad interim injunction was granted on 20.6.1972 but after notice the interim injunction was vacated on 10.7.1972. the present appeal was filed and an interim injunction was granted on 31.7.1972 by my brother Mukthadar, J. The appeal has now come up for final hearing. The learned additional Judge of the City Civil court refused the temporary injunction o...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-22-1972
Reported in : AIR1973AP162
Sriramulu, J.1. This appeal is from the judgment of our learned brother, Sambasiva Rao. JJ., given in A.S.No. 267 of 1965, whereby the learned Judge allowed the appeal filed by the 4th defendant against the trial Court's decree in O.S.No. 52 of 1962, and exonerated him from the liability under the mortgage and substituted plaint B Schedule property as security for A Schedule property.2. The material facts leading to this Letters Patent Appeal may briefly be stated; Defendant No. 1 is the father of defendants 2 and 3 and 'Karta' of the joint family comprising of himself, his sons, and a coparcener, defendant No. 4. For the marriage of his minor son, defendant No. 2, the 1st defendant borrowed and received Rs. 13,000/- from the plaintiffs and as security, mortgaged plaint A schedule properties. At a family partition, a part of the A schedule properties, which was the subject-matter of mortgage, fell to the share of defendant No. 4, and B schedule property to defendant No. 1. The plaintif...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-14-1972
Reported in : (1973)ILLJ46AP
Lakshmaiah, J.1. The constitutional validity of Sub-section (10) of Section 32 of the Payment of Bonus Act, 1965 is assailed in this writ petition filed by Hutti Gold Mines Kamgar Sangh, against their employer, the Hutti Gold Mines Company Limited, Raichur, Mysore State, the 2nd respondent herein.2. The petitioner is a registered trade union of employees working in the 2nd respondent's mines. The Government of India is impleaded as the 1st respondent. The 2nd respondent is the Hutti Gold Mines Co., Ltd., engaged in mining of gold. The 3rd respondent is the Industrial Tribunal, Hyderabad, constituted under Section 7A of the Industrial Disputes Act, 1947 to adjudicate upon a reference of an industrial dispute regarding payment of bonus between the petitioner and the 2nd respondent.The Hutti Gold Mines Company Limited is a company governed by the provisions contained in the Companies Act, 1956. It became a Government company on account of the Government of Mysore purchasing more than 51% ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-20-1972
Reported in : AIR1974AP76
Parthasarathi, J.1. These three appeals arise out of three writ petitions which were heard at the same time although separate judgments have been pronounced therein. They arise out of the same transaction. Some of the questions raised and argued in those appeals are common.2. The appellant in Writ Appeal No. 321 of 1968 impugn the validity of the order of the Collector of Customs whereby a penalty of Rs. 25,000/- has been levied. The application made by the petitioner under Article 226 was rejected by our learned brother Ekbote, J. who dismissed the other writ petitions also. Hence the appeals.3. On 7-9-1963 the movements of two persons, who on detraining at Sanathnagar Station, were found to be going along the Railway Track towards the signal post, excited the suspicion of the Customs authorities who appeared to have been previously alerted about their arrival. They were detained and interrogated and a search followed. One of the two persons called Sare Veerayya, was found to be carry...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-23-1972
Reported in : AIR1973AP103
Chinnappa Reddy, J.1. Manyam Janakalakshmi, Plaintiff in O.S.No. 7 of 1966 on the file of the District Court, East Godavari and the defendant in O.S. Nos. 24 and 28 of 1966 is the appellant in these three appeals. She is the widow of Manyam Venkatakrishna Papa Rao who died on 15-8-1965. Papa Rao had a first wife by the name Atchayamma, through whom he had three sons, Madhava Rao, Ramamohana Rao and Suryachandra Rao. They are defendants 1 to 3 in O.S. No. 7 of 1966. Rammohana Rao is the plaintiff in O.S.No. 24 of 1966 and Madhava Rao is the plaintiff in O.S. No. 28 of 1966. Atchayamma died on 3-6-1955 on which date her youngest son Suryachandra Rao was a minor. On 3-6-1955 Venkatakrishna Paparao effected a partition between himself and his three sons by a registered deed Ex, A-15. By this deed the family properties were divided into four shares. One share was allotted to the father and the other three shares were allotted to the three sons by the first wife. Papa Rao was assessed to Inc...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-01-1972
Reported in : 1973CriLJ931
Kondaiah, J.1. This Criminal Revision case by the Public Prosecutor to revise the order of the Sessions Court, West Godavary refusing to revise the order passed by the 1st Additional Judicial 1st Class Magistrate Eluru in M.P. 210 of 70 gives rise to an important question of law relating to the scope and application of Section 124 of the Indian Evidence Act, 1872.2. The material facts which are not in dispute and which lie in a short Compass may briefly be stated. On the information furnished by a private citizen in a statement recorded by the Assistant Collector. Central Excise and Customs Vijayavada, a surprise raid of the premises of the respondents accused at Pulla was made by the Central Excise and Customs authorities at about 6 a.m. On June 9, 1970. During the search 576 gold slabs with foreign markings, each weighing 10 tolas packed in jackets and concealed in a steel trunk were detected. The contraband gold was seized. A complaint against the respondents for contravening the pr...
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