Andhra Pradesh Court January 1958 Judgments
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Mallela Venkata Subbamma Vs. Gogulapati Raja Rathamma and ors.
Court: Andhra Pradesh
Decided on: Jan-31-1958
Reported in: AIR1959AP178
Srinivasachari, J.1. The plaintiff is the appellant. This appeal arises out of a suit for eviction filed by the plaintiff Mallela Venkata Subbamma alleging that she and the 1st defendant are the children of one Jammula Seshayya, that at the time of her marriage two acres of wet land were promised to be given to her husband but no document was executed in respect of the gift of the said land and that the father and the 1st defendant were in possession of the lands. Later on under an arrangement come to amongst the father, the son and the daughter the plaintiff, it was agreed that Seshayya the father should be in enjoyment of all the properties during his life-time and that the plaintiff should get a vested remainder in 2 acres 98 cents of wet land in survey No. D-12/6 in Perakalapudi village in Tenali taluk and also in some dry land, that the 1st defendant also was to get 1 acre 90 cents of wet land.In pursuance of this arrangement it is stated that two gift deeds were executed on 27-8-...
B.G. Keskar Vs. S.N. Reddy and ors.
Court: Andhra Pradesh
Decided on: Jan-31-1958
Reported in: 1958CriLJ857
ORDERBasi Reddy, J.1. This is a petition filed by Shri B. G. Keskar to revise an order passed by the District Magistrate, Hyderabad City, in Cri. C. No. 77/5 of 1956, refusing to take action on certain information laid by the petitioner under Section 190(1)(c) Cr.PC The facts leading up to this revision petition may be briefly stated:-2. On 11-6-1956 the petitioner lodged what he styled as 'information', making certain allegations about the existence in Hyderabad City of 'an illegal organisation which is a nucleus of a fifth columnist armed force of an anti-Bharat country, which is capable of dangerous subversive activities'', maintained by H. E. H. The Nizam and equipped with unlicensed firearms'. That 'information' was for the most part a tirade against H. E. H. The Nizam on the one hand and a denunciation of the 'Congress Raj' and the Prime Minister on the other. It must be mentioned here that at that time H. E. H. The Nizam was the Rajpramukh of the erstwhile Hyderabad State.3. On ...
Potta Sitharamiah Vs. V. Virraju
Court: Andhra Pradesh
Decided on: Jan-28-1958
Reported in: AIR1959AP507
ORDERRanganadham Chetty, J. 1. The petition is for condoning the delay of 60 days in presenting a pauper appeal. The ground pleaded is that the Advocate's Clerk in the lower Court informed the petitioner that the time for filing a second appeal is 90 days. 2. We have two Articles in the Limitation Act governing the filing of Second Appeals. In cases where court-fee is paid or payable. Article 156 applies and the period is 90 days while in the case of appeals filed in forma pauperis Article 170 prescribes the period as 30 days. It is argued by the learned Advocate for the petitioner that by mistake the provision of Article 170 was overlooked and that there are decisions which say that a vakil's mistake or a vakil's clerk's mistake is capable of condonation. Krishna v. Chathappan, ILR 13 Mad 269 is relied on tor the observation that the learned Judges 'are not prepared to hold that a mistake in law is under no circumstances a sufficient cause within the meaning of Section 5 of the Limita...
Shankerlal Karva Vs. Tahsildar and ors.
Court: Andhra Pradesh
Decided on: Jan-27-1958
Reported in: [1958]9STC246(AP)
P. Satyanarayana Raju, J. 1. This is an application for the issue of writ of mandamus directing the Sales Tax Officer, Karimnagar, to withdraw the Certificate No. 145 dated 17th April, 1956, and to issue a writ of prohibition to the Tahsildar, Karimnagar, and the Collector of Karimnagar District, directing them to forbear from collecting sales tax to the tune of Rs. 2, 500.2. The facts with have given rise to this petition are as follows :-One Medisetti Veeresham applied to the Sales Tax Authority for registering him as a dealer and he was given a licence as provided under the provisions of the General Sales Tax Act and the Rules made thereunder. The said Medisetti Veeresham failed to file returns and produce accounts in spite of several notices issued to him to enable the officer to make an assessment. Therefore, under the provision enabling the officer to make a best judgment assessment, Veeresham's total turnover was determined at Rs. 1, 60, 000 and a tax of Rs. 2, 500 was levied as...
Additional Income Tax Officer Vs. Golla Narayanamma and ors.
Court: Andhra Pradesh
Decided on: Jan-23-1958
Reported in: [1958]34ITR212(AP)
Subba Rao, C.J.1. This is a revision against the order of the learned Subordinate Judge, Anantapur, holding that the income-tax returns are not entitled to the protection afforded by section 54 of the Indian Income-tax Act.2. The facts that gave rise to the revision may be stated. One Narayanappa filed two income-tax returns before the Income-tax Officer, Anantapur, for the assessment years 1949 and 1950 in respect of the family income. After his death, the widow of Narayanappa's brother filed O.S. No. 59 of 1954 on the file of the Subordinate Judge's Court, Anantapur, for partition of the joint family properties and to that suit she impleaded the widow and the sons of Narayanappa as defendants. Pending the suit, the plaintiff took out a subpoena requiring the Income-tax Officer, Anantapur, to produce the income-tax returns filed by Narayanappa for the purpose of using them as evidence to establish her case that the suit properties were the joint family properties. On receipt of the su...
Additional Income-tax Officer, Anantapur Vs. Golla Narayanamma and ors ...
Court: Andhra Pradesh
Decided on: Jan-23-1958
Reported in: AIR1959AP468
K. Subba Rao, J.1. This is a revision against the order of the learned Subordinate Judge, Anantpur, holding that the Income-tax returns are not entitled to the protection afforded by Section 54 of the Indian Income-tax Act.2. The facts that gave rise to the revision may be stated. One Narayanappa filed two Income-tax returns before the Income-tax Officer, Anantpur, for the assessment years 1949 and 1950 in respect of the family income. After his death, the widow of Narayanappa's brother filed O. S. No. 59 of 1954 on the file of the Subordinate Judge's Court, Anantpur, for partition of the joint family properties, and to that suit she impleaded the widow and the sons of Narayanappa as defendants. Pending the suit, the plaintiff took out a subpoena requiring the Income-tax Officer, Anantpur, to produce the Income-tax returns filed by Narayanappa for the purpose of using them as evidence to establish her case that the suit properties were the joint family properties. On receipt of the sub...
K. Ranganayakulu Vs. Municipal Commissioner, Vijayawada Municipality
Court: Andhra Pradesh
Decided on: Jan-22-1958
Reported in: AIR1959AP460
ORDERSatyanarayana Raju, J.1. This is an application under Article 226 of the Constitution, for the issue of a writ of mandamus or other appropriate writ or order restraining the Vijayawada Municipality from proceeding with the action threatened in and by its notice dated 22-2-1956.2. The facts which have given rise to this writ petition are simple and are not in controversy. The petitioner owns a saw-mill at Vijayawada. On an application made by him to the Commissioner of the Vijayawada Municipality on 12-9-1948, under Section 250 of the Madras District Municipalities Act, he was granted permission to install electric driven machinery for the saw-mill, Pursuant to the permission so granted, the petitioner has been running the saw-mill and renewal licences under Section 249 of the District Municipalities Act were being applied for and granted.3. On 20-3-1952, the petitioner applied for permission under Section 250 of the District Municipalities Act for installing an additional 10 H. P....
Commercial and Industrial Bank Limited Vs. Authority Under Payment of ...
Court: Andhra Pradesh
Decided on: Jan-21-1958
Reported in: (1958)IILLJ31AP
ORDER1. This is an application, under Art. 226 of the Constitution of India, for the issue of writs of certiorari and prohibition to quash the order of 'the Authority under the Payment of Wages Act' dated February 21, 1956 and for a direction or order prohibiting the said authority from further enquiring into the petition filed by respondents 2 to 7 before him. The Commercial and Industrial Bank, Ltd., was registered as a joint-stock company in the year 1352 F. under the Hyderabad Companies Act of 1320 F. The respondent 1 is the Authority under the Payment of Wages Act, 1936, having been appointed as such under a notification issued by the Hyderabad Government on September 14, 1956 and published in the official gazettee on September 27, 1956. Respondents 2 to 7 were employees of the petitioner bank.2. On July 20, 1955, the Reserve Bank of India served a notice on the petitioner-bank refusing to give a licence, which according to the petitioner, had resulted in the bank ceasing to trans...
K.P. Chagganlal Oil Mills Vs. Commissioner of Income Tax and anr.
Court: Andhra Pradesh
Decided on: Jan-17-1958
Reported in: [1959]36ITR337(AP)
J.P. Jaganmohan Reddy, J.1. This is a petition under article 226 of the Constitution of India for the issue of a writ of certiorari to quash the notice dated May 11, 1955, issued by the Income-tax Officer purporting to the under section 31(4) of the Hyderabad Income-tax Act calling upon the petitioner to show cause why the registration of the partnership should not be canceled and the order dated September 21, 1955, cancelling the registration to the petitioner's firm. The petitioner further prays for the issue of a writ of mandamus or any other appropriate writ or direction or order and for the refund of the sum of Rs. 75, 666-12-0 to the petitioner.2. The petition arises out of our judgments on a reference under section 82(1) of the Hyderabad Income-tax Act in the case of Chaganlal Oil Mills v. Commissioner of Income-tax. In that case the following four questions had been referred to us by the Income-tax Tribunal :'(1) Whether the notice under section 46(1) of the Hyderabad Income-ta...
Sangapu Vishwanadham and ors. Vs. Kanneganti Basavayya and ors.
Court: Andhra Pradesh
Decided on: Jan-17-1958
Reported in: AIR1959AP180
Chandra Reddy, J. 1. These appeals are directed against the judgment in O.S. No. 76 of 1952 brought in the Court of the Subordinate Judge. Tenali, for recovery of items 1 to 5 of the plaint Schedule, on the footing that they constituted endowments to the temple of Sri Agas. teswara Swamy at Emani. The plaint recites that defendants 1 to 3 who have been in possession of the properties in question and rendering service for the institution and when called upon to surrender possession to the managing trustee they refused to do so. Defendants 4 to 8 are alienees of some of the suit items from defendants 1 to 3. The 9th defendant was in lawful possession of item 5 of an extent of 22 cents of land.2. The answer of defendants to the suit was that items 1 to 3 were archakatvam service inams and that item 4 did not belong to the temple but was their private property. It was also pleaded that a decision rendered by the High Court in C.M.A. No. 125 of 1934 to the effect that the temple had no titl...
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