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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: andhra pradesh Year: 1963 Page 1 of about 44 results (0.266 seconds)

Mar 22 1963 (HC)

Arvapalli Ramrao Vs. Kanumarlapudi Ranganayakulu and ors.

Court : Andhra Pradesh

Decided on : Mar-22-1963

Reported in : AIR1964AP1

..... was subsequently attached. the assignee of the decree applied for execution in the court which passed the decree. shortly thereafter, it was attached under the second paragraph of section 273 corresponding to order xxi, rule 53 (1) (b) by sending a request to the other court to abstain from executing the decree until the notice was ..... that the rights of the creditor, who had previously attached it, would prevail over those of the assignee.29. a recent judgment of this court in 1962-2 andh wr 65: (air 1962 andh pra 497) already adverted to had to consider the question whether the assignee of a decree could prefer a claim ..... court to stay the execution of its decree unless and until: (i) the court which passed the decree sought to be executed cancels the notice: or (ii) the holder of the decree sought to be executed or his judgment-debtor if he has obtained the consent in writing of the decree-holder or the permission ..... 1600/- in o. s. no. 650 of 1953 on the file of the court of the district munsif, guntur, against six persons, who figure as respondents 2 to 7 in this enquiry. on 4-10-1956, he transferred the said decree in favour of one ramarao, the present appellant, for a consideration of rs. 500 ..... problem has to be solved with reference to the statutory provisions in the shape of order xxi, rules 16, 53 and 58 of the c. p. c.2. before we attempt to ascertain the precise scope and content of these provisions, we have to state a few facts necessary for this enquiry.3. one kanamarlapudi .....

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Oct 15 1963 (HC)

Pilla Appalanarasayya Patrudu Vs. N. Rajagopala Pillai and Co.

Court : Andhra Pradesh

Decided on : Oct-15-1963

Reported in : AIR1965AP13

..... from the point of view of the appellant as on the date of the judgment. it is the amount or the value of such of the reliefs determined under rule (2) supra in respect of which he is prejudiced by the judgment.' these observations, with which we respectfully agree, do not in any way manner advance the contention of the petitioner ..... the amount or value of the reliefs excluding costs that the plaintiff would have directly obtained if he were successful, as one the date of the institution of the suit. (2) for also the valuation under art. 133(1)(a) of the subject-matter of the dispute in the court of first instance, the matter must be looked at from the ..... and 110 of the civil procedure code, for leave to appeal to the supreme court against the judgment of this court in a. s. no. 230 of 1959 dt. 13-10-1962. (2) the petitioner was one of the lessees from the zamindar of madgole and pachipenta, for collecting adda leaves in specified areas for a period of two years commencing from 1 .....

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Apr 01 1963 (HC)

G. Ramachandraiah Chetty Vs. State of Andhra

Court : Andhra Pradesh

Decided on : Apr-01-1963

Reported in : AIR1964AP13

..... order under order 38, rule 8 c. p. c. would proprio vigore operate in favour of the decree-holder to enable him to exclude the time contemplated by section 15 of the limitation act.2. the facts leading to this civil miscellaneous appeal are not in dispute and lie in a narrow compass. the respondent filed a suit against the appellant for recovery ..... given to the strict grammatical meaning of the words used by them.'10. after this authoritative decision, there can be no room for doubt that the principle underlying section 15 of the limitation act cannot be extended to mere pendency of claim proceedings. there should be an order staying the execution of the decree or an order of injunction restraining the decree ..... how the ultimate result of the suit would affect the final execution, he point for determination being as to whether the decree-holder could call in aid section 15 of the limitation act. we feel that section 15 could be availed of only when the other requirement of it are satisfied.9. this view of ours gains support from the pronouncements of the ..... the appeal etc., could not be excluded in computing the period of limitation for an application to be filed under article 182 of the limitation act. this contention is well-founded.6. section 15 of the limitation act runs as follows: '(1) in computing the period of limitation prescribed or any suit or application for the execution of a decree, the institution of .....

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Feb 15 1963 (HC)

Amajala Sathiraju Vs. Gunda Subbayya and anr.

Court : Andhra Pradesh

Decided on : Feb-15-1963

Reported in : AIR1964AP28

..... v. avalil moidin, ilr 20 mad 157, that the property in the decrees had not passed to the plaintiff prior to the attachment before judgment, under section 232, civil procedure code (act xiv of 1882). we do not think it necessary to read the decision in the case quoted as laying down -- a thing it does not do ..... the distinction between the right to the decree as such, and the debt which has become merged in the decree, and lays down that the language of section 146. c. p. c. permits a transferee of a debt to maintain an application for execution of the decree as a person claiming under the transferor. ..... the transfer deed in other proceedings.8. before adverting to the decisions on the point, the provisions of the code of civil procedure may be referred to. section 146, c. p. c., enacts thus :'save as otherwise provided by this code of by any law for the time being in force, where any proceeding ..... that the interest of the decree-holder merged in both of them and the second petitioner having agreed not to press the petition, dismissed it as not maintainable.2. on appeal by gunda subbayya the transferee d.h. against the order of the district munsif, the lower appellate court remanded i. a. no. 29 of ..... c. p. c. as well as section 47 read with order xxii, rule 10. c. p. c.15. the observations of bhagwati, j. at p. 400, who agreed with s. r. das, j., are very apposite.'in case of transfer of book debts or property coming within the definition of actionable claim there is therefore necessarily .....

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Mar 27 1963 (HC)

Ajjarapu Subbarao Vs. Pulla Venkata Rama Rao and ors.

Court : Andhra Pradesh

Decided on : Mar-27-1963

Reported in : AIR1964AP53

..... by law. these registers are public documents which could be proved by secondary evidence. this class of documents clearly falls within the ambit of section 35 of the evidence act. vide in re, sriram reddy, : air1960ap253 . exhibits a.4 and a.6 should not, therefore have been rejected on the ground that ..... and on every appropriate occasion since the adoption. the consciousness of the inconvenient fact of adoption seem? to have actuated the recitals in ex. b. 2, the registered will got executed by the 6th defendant in favour of the second defendant, his deceased brother and the 4th defendant. this will has ..... self-acquired properties of the 6th defendant and that the gift deed and the mortgage deed, though assailed in the plaint, were genuine and valid.2. the trial court, on the evidence placed before it, arrived at the conclusion that the plaintiff was the adopted son of the 6th defendant and ..... defendants 1 to 4 in respect of the properties in their wrongful possession and enjoyment. the plaintiff further alleged that in march 1950, defendants 1, 2, 4 and the deceased husband of the 3rd defendant, brought to existence a simple mortgage of the suit properties in favour of the 5ih defendant ..... plaintiff was away, the sister of the 6th defendant (4th defen-dent), her son-in-law (1st defendant) and her grand children (defendant no. 2) and the deceased husband of the (3rd defendant) exerted undue influence over the 6th defendant who was then physically and mentally infirm and caused him to .....

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Apr 10 1963 (HC)

Sri Ramalingeswara Rice and Oil Mill Co. Ltd. Vs. the Additional Incom ...

Court : Andhra Pradesh

Decided on : Apr-10-1963

Reported in : AIR1964AP74

..... to deposit a particular sum of money does not amount to its being ear-marked for a particular purpose. it is only when there is a definite order directing appropriation of the amount deposited that other creditors or the government could have no claim to it.14. apart from the general principles, there ..... appointment of receiver to take possession of the factory and lease for two or more years, on the allegation that the defendant was threatening to commit acts of waste on the machinery and the structures.4. this petition was contested by the defendant, who represented that he was willing to deposit annual rent ..... the judgment of a division bench of the same court in errikulappa chetty v. official assignee, madras, ilr 39 mad 903: (air 1917 mad 743 (2)). there it was decided that the plaintiff, who had obtained an order under order 38, rule 5 civil procedure code, had no charge on the money paid into ..... ruling does not govern the instant case.12. bird v. barstow, (1892) 1 qb 94 and in re ford; ex parte the trustee (1900) 2 qb 211 do not also advance the proposition enunciated by the learned counsel for the petitioner. both these cases dealt with deposits made as a condition to the ..... to a bench by ananthanarayana ayyar, j., as he thought that it raises a question of general and public importance and there should be an authoritative pronouncement.2. the civil revision petition is brought against the order of the subordinate judge, tenali, accepting e. a. no. 284 of 1959, a petition filed by .....

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Jul 09 1963 (HC)

Yellamanchili Veera Raghavayya Vs. Madduri Venkata Subbaraya Sastri an ...

Court : Andhra Pradesh

Decided on : Jul-09-1963

Reported in : AIR1964AP94

..... -jeeva row nayudu, j. setting aside that of the district judge, east godavari, dismissing a petition filed by the first respondent herein under order 21, rule 89, c. p.c.2. the facts material for this enquiry lie in a brief compass and are not in dispute. in execution of a decree obtained by jaggayya, the second respondent, against the vendor ..... would disentitle an applicant to get any relief.10. this is the view taken by kuppuswami aiyar, j. of madras high court in arumughathammal v. mangoomal lunida singh firm, 1944-2 mad lj 124 : (air 1944 mad 565). sanjeeva row nayudu, j., refused to follow this ruling in the view that this decision is not in ccnsonance with the spirit of .....

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Mar 04 1963 (HC)

Maddi Kutumbarao Vs. Solasa Ramachandra Rao and ors.

Court : Andhra Pradesh

Decided on : Mar-04-1963

Reported in : AIR1964AP95

..... is necessary to know what arrangement actually has taken place between the decree-holder and the judgment-debtors. we have already stated that a scheme suit under section 92 c. p. c. has been filed. in that suit, a request is made that some provision should be made in the proposed scheme for ..... air 1931 pc 33). we do not think that decision has any relevancy to the facts of this case. that decision undoubtedly decides:'.....order 21 rule 2 which provides forcertification of an adjustment come to out of court clearly contemplates a stage in the execution proceedings when the matter lies only between the ..... interests and costs are amounts subsisting and due to the third respondent herein from the tammana tatayya and narayanamurthy annapurna choultry of which the respondents 1 and 2 are the trustees. as the plaintiffs in o/s. 60/1957 have filed that suit for framing a scheme for the management of the choultry etc., ..... decree-holder being a minor as no permission under order 32, rule 7 c. p. c. was obtained, the agreement cannot be given effect to.2. the subordinate judge, gudivada, allowed the application and set aside the sale. he held that it isnot necessary that the decree should be fully satisfied and ..... the properties for rs. 24,600/ the meanwhile o. s. 60/57 was instituted inthe sub-court, vijayawada for the removal of the trustees,respondents 2 and 3 owing to their mismanagement. oneof the reliefs claimed in that suit is for getting the saleheld as above set aside. the suit o. s. .....

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Feb 05 1963 (HC)

A. Ramachandra Rao Vs. A. Venkata Lakshminarayana Sastry

Court : Andhra Pradesh

Decided on : Feb-05-1963

Reported in : AIR1964AP31

..... the ahsildar to make an enquiry in the manner prescribed and pass an order against which order an appeal is provided under sub-section (2) to the revenue divisional officer. a combined reading of sections 13 and 16 would show that on an application being filed, an enquiry has to be held, by the tahsildar and the ..... of the sugarcane delivered in the sugar factory by the tenants. but that certainly would not be a payment within the meaning of section 13 (a) of the act'.10. in parasuramulu v. suryanarayanamurthi, (1961)-2 andh w. r. 312, which dealt with the question of waiver by receipt of payment of arrears of rent, it was ..... order on 6-4-1959 by the petitioner there was default within the meaning of section 13 clause (a) of the act on the ground that the payment of the rent by the tenant through post is at his own risk.2. our learned brother expressed the view that where the landlord cannot be found and the ..... germane to the question for consideration.6. in (1959) 2 andh w. r. 463, by a bench consisting of the learned chief justice and ore of us had considered the language of sections 7 and 13 of the act. it was held that on the language of section 7, there can be little doubt that the deposit should ..... of the act, the requirements of section 7 which were that the agreed rent should be paid, have been complied with and if not, what is its effect. it was not there in dispute that the agreed rent had not been paid or deposited, and applying the decision of the bench (1959) 2 andh w. r. 463 .....

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Aug 21 1963 (HC)

S. Imam Peer Khadri Nooredaria Vs. S. Khadija Bi and ors.

Court : Andhra Pradesh

Decided on : Aug-21-1963

Reported in : AIR1965AP18

..... for accounts by the agent against the principal was maintainable and that in such a case it would be wrong to insist that the agent should sue for a definite sum of money against the lakshmiji sugar mills co. ltd. v. banwari lal, : air1959all546 , a division bench of the allahabad high court ( ..... which necessitated his seeking the relief of rendition of of accounts instead of making a claim for a definite sum of money. it is not his case that he is not able to claim a definite sum of money as due to him without going into the accounts of the principal ; nor is ..... observed as follows at p. 550 : 'there is no provision for a suit for accounts by the agent against his principal either in the contract act or in the limitation act. therefore, normally such a suit will not lie. but the existence of special circumstances will justify such a suit for accounts. for the maintainability of ..... view, i do not think it necessary to go into the question of limitation, although i am inclined to say that art. 89 of the limitation act does not govern a suit for accounts by an agent against his principal and that as there is no specific article dealing with such a suit, the ..... the judgment of the subordinate judge at kurnool, who dismissed the defendant's appeal and confirmed the decree for plaintiffs passed by the district munsif, adoni.(2) the plaintiffs-respondents instituted a suit for an account against the defendant in the court of the district munsif, adoni, on the basis of a contract .....

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