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 : Aug-29-1972
Reported in : [1975]100ITR483(AP)
Gopal Rao Ekbote, C.J.1. Mr. P. Rama Rao, standing counsel for the income-tax department, moved for a writ of certiorari to quash the order of the Income-tax Appellate Tribunal, Hyderabad, dated December 31, 1971.2. The facts in outline are that the Additional Commissioner of Income-tax filed an application of reference before the Income-tax Appellate Tribunal on July 15, 1971. The Tribunal by its impugned order held that the Additional Commissioner of Income-tax is not competent to file such an application and as a result dismissed the same.3. In order to find out whether the Additional Commissioner has locus standi to file an application for reference under Section 256 of the Act, we have to necessarily read a few sections of the Act.4. Now, Section 256 empowers the assessee or the Commissioner to file an application requiring the Appellate Tribunal to refer to the High Court any question of law arising out of an order made under Section 254 of the Act.5. The term 'Commissioner' was ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-21-1972
Reported in : AIR1973AP170
ORDER1. These two Civil Revision Petitions are directed against common order by the Subordinate Judge, Chirala, in Interlocutory Applications Nos. 26 and 29 of 1970 in O. S. Nos. 5 and 10 of 1970. Since both the Civil Revision Petitions give rise to common question of law, they are disposed of by a common order.2. The material facts leading to the filing of these Civil Revision Petitions may briefly stated. Defendant No. 12 as the Managing Partner of the Defendant No. 1, executed two promissory notes one in favour of Yarlagadda Baliah and the other in favour of Indlamudi Veeriah, Four one anna denomination stamps were affixed on each of those promissory notes instead of 0.25 paise stamps as required by law. Since the promissors did not pay the moneys due by them, the promisee Yarlagadda Baliah and Indlamudi Veeriah, filed suits for the recovery of moneys due to them under those promissory notes. Those original suits were re-numbered as O. S. No. 5 of 1970 and No. 10 of 1970 on the file...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-27-1972
Reported in : AIR1973AP51
1. This is an appeal by unsuccessful sole defendant in an action brought for injunction restraining him from using or exhibiting himself or through his servants or agents the trade name of the business used by the respondent or any device resembling it and also to recover a sum of Rs. 400/- by way of damages and some other incidental reliefs. The respondent-plaintiff was successful only to the extent of securing an injunction at the hands of the lower court. But his relief for damages failed. There are, however, no cross-objections brought by the respondent. 2. The plaintiff as well as the defendant are electric dry cleaners of clothes. The former had been trading under the name and style of ' One day Electric Dry cleaners' on the station Road, Kachiguda. The later started his trade a few yards away from the plaintiff's place of business on the same road under the name and style of 'Only one day Electric Dry cleaners.' Hence the present action. 3. The plaintiff alleges that she had bee...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-19-1972
Reported in : AIR1973AP144
Venkatarama Sastry, J.1. The defendants 1 to 4 are the appellants in this appeal. This appeal is preferred against the decree in O. S. 45/65 on the file of the 1st Addl. Chief Judge, City Civil Court Hyderabad.2. The suit was instituted by the respondent for the recovery of a sum of Rs. 55,125/- on the basis of a registered simple mortgage bond dated 4-10-1961, executed by the appellants herein in his favour. The bond was originally executed for rupees one lakh out of which the appellants paid a sum of Rs. 50,000/- on 29-6-65 leaving a balance of Rs. 50,000/- as due to the plaintiff. According to the terms of the mortgage bond the appellants agreed to pay monthly interest to the plaintiff under the mortgage bond and paid it punctually till January, 1965 and thereafter committed default. The plaintiff therefore issued for the balance of the principle and the interest that accrued till the date of the suit. The suit was filed on 15-10-65. The hypothecate under the mortgage bond is a hous...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-10-1972
Reported in : AIR1973AP27
Kondaiah, J. 1. The Respondent herein, on July, 29, 1958 purchased the properties of M/s Govardhana Gold Fields Co. Ltd., which started gold mining at Narayananagar in Palamaner taluk, Chittoor district, for a sum of Rs. 1,70,000/-. The aforesaid Gold Fields company owned about Rs. 5,59,152.50 p. Towards electric charges as per the statement of Andhra Pradesh Electricity Department, towards the recovery of which the Deputy Tahsildar, Kuppam, by virtue of the powers vested in him under the Revenue Recovery Act, attached movables of the company worth about Rupees 24,000/- on December 10, 1958. The claim petition of the respondent on the basis of its purchase from Govardhana Gold fields to the District Collector was dismissed on December, 13, 1958. The District Collector affirmed the attachment in the same order. Thereupon , O.S.24/59 on the file of the Court of the Subordinate Judge, Chittoor for declaration of the claimant's right to and possession of the properties purchases by it from...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-22-1972
Reported in : AIR1973AP58
1. This second appeal by the defendants against the judgment and decree in A. S. 3 OF 1970 on the file of the Principal Sub-Judge, Srikakulam confirming the judgment and decree of the trial court in O. S. 55/66 on the file of the District Munsif's Court, Cheepurupalli. 2. The first plaintiff is the father and plaintiffs 2 and 3 and one Yerriah are his sons and according to them they constituted a Hindu joint family of which the first plaintiff was the manager. Yerriah got separated as per registered partition deed dated 30th October, 1962, the details of which are mentioned in plaint Schedules A and B. The properties mentioned in Schedule B having been allotted to the said Yerriah and the properties mentioned in Schedule A having continued to be joint properties of the rest of the family members viz., Plaintiffs 1 to 3. Item 4 of the plaint A Schedule property alone is the subject-matter of the suit in this second appeal and as per the plaint averment is jointly owned and enjoyed by al...
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