Court : Andhra Pradesh
Decided on : Aug-12-1974
Reported in : 1975CriLJ144
B. Raju, J.1. (D/- 18-4-1974). This is an application by the State of Andhra Pradesh for revision of the decision of the Sessions Judge, Kurnool in Cri. A. No. 170 of 1970 acting under the powers conferred upon him under Section 6C of the Essential Commodities Act 10 of 19-55. In Section 2A of the Essential Commodities -Act heads of commodities which come within the meaning of 'essential commodity' are listed among which are included foodstuffs. For maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, provision is made under Section 3 of the Essential Commodities Act to make orders for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein. Under this provision several orders were made from time to time either by the Central Government or by the State Governments under delegation of powers. With regard to foodgrains, edible oilseeds and edible oils, p...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-17-1974
Reported in : AIR1975AP35
..... this connection it is quite relevant to refer to halsbury's laws of england, iv edition, page 150, where it is said:'certiorari may issue to inferior statutory tribunals such as the patents appeal tribunal and to inferior non-statutory tribunals discharging functions of public nature.'99. these decisions ..... authority both of : (1966)illj451sc and : (1972)illj442sc has now considerably shaken. the two earlier decisions of the supreme court, i. e. : (1970)illj32sc and : (1971)illj496sc on the basis of which : (1972)illj442sc was decided have now been distinguished in a way disapproved in sirsi municipality v. c ..... broad sense rights or interests of the subjects. it would include administrative acts of such character which affect the rights or interests of citizens and in which they are in any base required to act, openly, fairly and impartially.39. halsbury's laws of england. 4th edition at page 104 says ..... section 4 (6) of the university act. the provisions of ordinance 20 known as 'college code' have the force of law. it confers legal right on the teachers of the affiliated colleges and it is incorrect to contend that the college code merely regulates the relationship between the university and the affiliated colleges. the provisions of the college code relating to the pay scale of teachers and their security of tenure properly fell within the statutory power of affiliation granted to the university under the act ..... the case, however, we make no order as to costs. advocate's fee rs. 100/- .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-26-1974
Reported in : AIR1975AP3
Alladi Kuppuswami, J. 1. These two appeals are preferred against a common judgment of the learned Subordinate Judge, Vijayawada, in O, P. No. 130 of 1968 and O. S. No. 250 of 1968 respectively. O. S. 250/68 was filed by the respondent in these appeals against her husband for maintenance at the rate of Rs. 75/-P. M. from the date of suit and for arrears at the the same rate and for Rs. 500 for separate residence. O. F. No. 130/68 was filed by the the first appellant in the transferred appeal and the sole appellant in the C. M. A. for a declaration that the marriage between him and the respondent was a nullity or in the alternative for restitution of conjugal rights. 2. The parties will be referred to as the husband and wife as has been done in the Court below. 3. The wife filed the suit formaintenance with the following allegations. 4. The marriage was solemnised on 1-5-1966 at Palakol West Godavari District and consummated on 8-5-1966. The wife was taken to her husband's house at Vijav...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-29-1974
Reported in : AIR1974AP157
GOPAL RAO EKBOTE, C. J. 1. These writ petitions raise certain common questions. It is not necessary to mention the facts of all the cases in order to resolve the issues raised. We will however refer to particular facts of the writ petition whenever a special point is made in such a writ petition. For the purposes of common points we propose to mention the facts relating to W. P. No. 1435 of 1972.2. For the excise year 1970-71, the petitioner was granted the lease to sell liquor in retail at Konathalapalli in Nandigama Taluk of Krishna District. The monthly rent agreed was Rs. 1,751/-. The lease commenced from 1-10-1970.3. For the months of October, Novermber and December, 1970 the petitioner lifter the monthly quota of the liquor as determined. From January, 1971 till the end of July, 1971 he however, did not lift the determine monthly quota of liquor. He also for the said months did not pay the monthly rentals.4. For the abovesaid lapses on the part of the petitioner, his licence and ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-16-1974
Reported in : AIR1974AP250
Gopal Rao Ekbote, C.J.1. This is an appeal from the order of a learned single Judge given in W. P. No. 4635 of 1972 on 6-2-1973.2. The necessary facts are that by G. O. No. 1030 dated 20-11-1969 the Government declared certain land to be available for mining lease with effect from 12-1-1970.3. On 12-1-1970 the petitioner applied for grant of prospecting licence over acres 12.50 cents of land.4. On the same day, the 4th respondent herein filed an application for the grant of a lease of mining for 20 years.5. Before the application of the petitioner filed an application on 5-3-1970 to convert his previous application for the grant of prospecting licence to that of granting of lease for 20 years.6. The State Government , however , refused to convert the application . But nevertheless it treated the new application as an application for grant of lease for 20 years .7. Since the Government had not disposed of the applications , the petitioner filed a revision to the Central Government . The...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-31-1974
Reported in : 1978(2)ELT50(AP)
Muktadar, J.1. Is wafer a biscuit It has become necessary to give a ruling on this question because the Collector, Central Excise, Hyderabad has levied duty and also penalty on wafers as he was of the opinion that wafers are included in the category of biscuits which were considered to be excisable goods within the meaning of Section 2(d) of the Central Excises and Salt Act, 1944 (hereinafter referred to as the Act). The petitioner is the proprietor of a concern known as Messrs International Foods. The firm is engaged in the manufacture of wafers and cones. The first respondent levied excise duty on the wafers manufactured by the petitioner under the Act.2. It is the case of the petitioner that wafer does not come within the category of biscuits and, therefore, they are not liable for assessment of duty as they are not excisable goods as defined under Section 2(d) of the Act. The petitioner, therefore, prays for a declaration that wafers are. not covered by the expression 'excisable go...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-28-1974
Reported in : [1983]53CompCas100(AP)
Gopal Rao Ekbote C.J. 1. This is an appeal from the judgment of our learned brother, Narasimham J. (as he then was), given in Company Petition No. 10 of 1968, on 26th of August, 1970. It arises in the following circumstances :2. The respondents herein, who were the petitioners, filed an application under Section 433(f) of the Companies Act, 1956 (hereinafter called 'the Act'), for the winding-up of the Narsaraopet Electric Corporation Ltd. The petitioners held preference shares, i. e., each of them held 100 preference shares, each share being of the value of Rs. 50, fully paid up.3. The company was registered under the Companies Act as a public company limited by shares. The registered office of the company was at Guntur. The nominal capital of the company was Rs. 1,50,000 divided into equity shares and preference shares. 2,000 equity shares were fully paid up and 1,000 preference shares were also paid up. The object of the company was manifold and we will deal with the same at the app...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-15-1974
Reported in : AIR1975AP222
Alladi Kuppuswami, J.1. The facts and circumstances which gave rise to this appeal have been stated in our judgment in A. S. No. 519 of 1970. For the purpose of convenience they may be briefly repeated.2. On 20th January, 1962 there was a collision between a goods train and a lorry belonging to the second plaintiff in O. S. 4 of 1967, Sub-Court, Adoni. The lorry was insured with the first plaintiff. The case of the plaintiff is that the lorry was crossing a railway gate when it was struck by a goods train. The lorry was damaged and the driver of the lorry and its cleaner and one of the coolies who were in the lorry died as a result of the injuries sustained during the accident. Another coolie who was in the lorry has lost his right arm and two other coolies received minor injuries. The case of the plaintiffs is that the accident was a result of the negligence of the employees of the railway. They also stated that a sum of Rs. 3,500 had been deposited before the Commissioner for Workmen...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-19-1974
Reported in : AIR1975AP126
Lakshmaiah, J.1. The doctrine of what has now come to be known as Promissory Estoppel, is invoked, by the appellants in these appeals preferred against a common judgment of our learned brother Kuppu-swamy, J. dated October 10, 1972 by which a batch of Writ Petitions, including the Writ Petitions Nos. 5342 of 1971 and 1595 of 1972, filed by them, was dismissed.2. The appellants are merchants dealing in various commodities including chemical fertilisers. They undertook to purchase chemical fertilisers from the Agricultural Department of Andhra Pradesh Government and distribute them to the ryots, as per the terms of the licence granted to them under Fertiliser (Control) Order, 1957 read with the provisions contained in the Essential Commodities Act, 1955 and in accordance with the terms and conditions that may be laid down by the Government from time to time.3. The Government of Andhra Pradesh, as per their G. O. Ms. No. 1896 dated September 10, 1970 directed that the revised procedure em...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-20-1974
Reported in : AIR1975AP187
Madhusudan Rao, J. 1. This is an appeal against an order of injunction pendente lite passed by the learned Additional Chief Judge-cum-Special Judge for SPE cases. City Civil Court, Hyderabad in I. A. 41/73 in O. S. 8/72. The appellant is the first respondent in the Interlocutory Application and the first defendant in the suit. The respondents 1, 2 and 3 are the petitioners before the lower Court and they are the defendants 5, 6 and 9 in the suit. The other respondents 4 to 6 are the three plaintiffs who instituted the Suit O. S. 8/72. For the purpose of convenience the parties will be referred to in this judgment by their positions in the suit. 2. The facts which led up to this appeal are as follows: The late Nizam of Hyderabad nominated his grandson, the 1st defendant, before his death as successor-Ruler of the State of Hyderabad and sought the necessary recognition of the Government of India. A certificate of Recognition in favour of the 1st defendant as the Ruler of the State of Hyd...
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