Andhra Pradesh Court December 1958 Judgments
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Chennuru Venkataramanaiah Chetty and Bros. Vs. Income Tax Officer
Court: Andhra Pradesh
Decided on: Dec-12-1958
Reported in: [1959]37ITR533(AP)
Srinivasa Chari, J.1. This application under article 226 of the Constitution is on behalf of the assessee for the issue of a prohibition, prohibiting the Income-tax Officer, Vizianagaram, from proceeding further in pursuance of the notice issued to the petitioner in respect of the assessment year 1947-48 under notice issued under section 28 of the Indian Income-tax Act (XI of 1922). The section 28 of the Indian Income-tax Act on March 21, 1952, and the assessment in respect of those years was completed on the same date, i.e., on March 21, 1952. The order levying the penalty was issued on 31st January, 1955. The assessee preferred an appeal against this order to the Appellate Assistant Commissioner an the Appellate Assistant Commissioner cancelled the order imposing penalty, on June 13, 1956, on the ground that there was no hearing given to the assessee before the order was passed. Therefore, accepting the contention of the assessee, the order of the imposition of the penalty was cancel...
B.S. Prakasa Rao Vs. Government of Andhra Pradesh Represented by Secre ...
Court: Andhra Pradesh
Decided on: Dec-10-1958
Reported in: AIR1960AP15
P. Chandra Reddy, C.J.1. This petition under Article 226 of the Constitution is directed against the order of the Government removing the petitioner from service. The petitioner entered Public Works Department as an Officer in or about the year 1940. When he was the Section Officer of Bezawada circle he was also in charge of the Irrigation Works in the circle including those of Manimeswaram in Krishna District. During that period, complaints were received against him from the villagers of Manirneswaram which is on the lower side of the Arthmur channel.After a preliminary inquiry into the allegations by the proper Superintending Engineer the matter was referred to Disciplinary Proceedings Tribunal. The Tribunal framed as many as six charges, enumerated below, and called upon the petitioner to furnish his explanation thereto.'(1) That you, in or about July, 1950, demanded and received Rs. 100/- from Sri D. China Nagayya of Manimeswaram, as illegal gratification, for allowing water to the...
Prakasa Rao (B.S.) Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Dec-10-1958
Reported in: (1959)ILLJ560AP
Chandra Reddi, C.J.1. This petition under Art. 226 of the Constitution is directed against the order of the Government removing the petitioner from service. The petitioner entered Public Works Department as an officer in or about the year 1940. When he was the section officer of Bezwada circle he was also in charge of the Irrigation Works in the circle including those of Manimeswaram in Krishna district. During that period, complaints were received against him from the villagers of Manimeswaram which is on the lower side of the Arthamur channel. After a preliminary inquiry into the allegations by the proper Superintending Engineer the matter was referred to Disciplinary Proceedings Tribunal. The tribunal framed as many as six charges, enumerated below, and called upon the petitioner to furnish his explanation thereto :'(1) That you, in or about July 1950, demanded and received Rs. 100 from Sri D. China Nagayya of Manimeswaram, as illegal gratification, for allowing water to the fields ...
Alapati Sriramamurty and ors. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Dec-10-1958
Reported in: AIR1959AP377; 1959CriLJ822
P. Chandra Reddy, C.J. 1. These revision cases raise a question of practice and they have been referred to a Full Bench as it was thought desirable that a final and authoritative decision should be given by a Full Bench of this Court. The question referred to the Full Bench is : 'What is the practice to be followed in the High Court of Andhra Pradesh in the case of criminal revisions filed by aggrieved parties under-Sections 435 and 439, Criminal Procedure Code, without approaching an inferior Court in the first instance?'St is not necessary to recapitulate the facts of the case as we are not called upon to give any decision on the merits but only decide the general practice. The problem that presents itself has to be solved -with reference to a group of Sections of the Criminal Procedure Code. Sections 435 - 439 of the Code so far as relevant may be extracted-'435 (1) The High Court or any Sessions Judge or District Magistrate or any Sub-Divisional Magistrate empowered by 'the State G...
Katari Ramamma Vs. Palakodeti Veeraju and ors.
Court: Andhra Pradesh
Decided on: Dec-09-1958
Reported in: AIR1959AP384
M.A. Ansari, J. 1. The appellant is the legal representative of the 5th defendant in a suit to recover Ac. 1-50 cents of the plaint 'A' schedule property, as well as Rs. 1,000/- as damages. The property in 'A' Schedule was formerly comprised in Block Survey No. 447 of Palakoderu Village and belonged to one Tammayya who had two sons, Veerrafu and Rama-doss. The former is the plaintiff, and the latter is the father of the first and second defendants in this suit. Tammayya who was a resident of the village Gollalukoderu had exchanged his property for what is mentioned in 'B' Schedule to the plaint. This property is situated in the village, of which Tammayya was a resident, and was exchanged apparently for the better enjoyment of the produce. The exchange is alleged to have taken place between him and one Kottapalli Nalla Bapiraju on or about 80-4-1886. Sometime later the daughter of Bapiraju filed O. S. No. 89 of 1900 in the District Munsif's Court, Bhimavaram, against the two sons of Tam...
Addanki Narayanappa and ors. Vs. Bhaskara Krishtappa and ors.
Court: Andhra Pradesh
Decided on: Dec-08-1958
Reported in: AIR1959AP380
Srinivasachari, J. 1. This case has come before the Full Bench on a reference made by our learned brother Krishna Rao J., in second appeal heard by the learned Judge. The appeal arises out of a suit for partition and recovery of a share in certain immovable properties or in the alternative for dissolution of partnership and for taking of accounts. Plaintiffs 1 and 2 and defendants 10 to 12 belong to one family viz., Addanki family while defendants 1 to 9 belong to another family viz; Bhaskara family. These families founded a partnership at will somewhere in 1926 and carried on business in hulling rice and decorticating ground-nuts. On 2-2-1949 the plaintiffs issued a notice of dissolution of partnership being Ex. A-15 in the case. Thereafter on 4-3-1949 they filed the present suit claiming a one-fourth share in the properties belonging to the firm. The main objection of the defendants to this suit was that the plaintiffs had relinquished their share under Ex. B-18 dated 27-8-1936 under...
Datla China Appalanarasimha Raju Vs. Nadimpalli Seethayamma Garu and o ...
Court: Andhra Pradesh
Decided on: Dec-05-1958
Reported in: AIR1959AP310
Satyanarayana Raju, J.1. The following question has been referred to the Full Bench: 'What is the scope of Sub-rule (c) of Order XXXIX, Rule 1, of the Code of Civil Procedure ?' The facts which have given me to this reference may be briefly stated. In execution of the decree obtained by him in O.S. No. 28 of 1933, on the file of the Court of the subordinate Judge of Visakhapatnam, the appellant purchased two items of property subject to the rights of the Rani of Jaipur. The appellant applied for delivery of possession of those items.When notice of this application was given to the Rani, she stated that she had made a gift of them to the respondents and that therefore, she had no longer any subsisting interest in them. The Court directed delivery of the aforesaid items to the appellant. Thereupon the respondents' filed O.S. No. 9 of 1955 on the file of the District Court, Visakha-patnam, for a declaration of their title in respect of the said items and for a permanent injunction restrai...
V. Errabhadrarao (Wrongly Described as Veerabhadrayya in Decree) and a ...
Court: Andhra Pradesh
Decided on: Dec-05-1958
Reported in: AIR1960AP415
Jaganmohan Reddy, J. 1. This appeal arises out of a judgment of the City Civil Court decreeing the plaintiffs suit for Rs. 8,250/ with costs against defendants 1 to 3 and directing a permanent injunction restraining them from infringing the copyright of the plaintiff In respect of the Telugu book entitled 'Hyderabad Pai Police Charya' (Police Action Against Hyderabad). The plaintiff had alleged that he was the author of the said book which, he had written in July 1949 in respect of which he had a copyright, that he had arranged to have 1,000 copies of the same printed in Vani press and had obtained 100 copies; but the remaining 900 copies were obtained from the press by defendants 1 and 2 in collusion with the 3rd defendant who is the proprietor of Sreerama Book. Depot, Secunderabad. Subsequently, it is further alleged, the defendants had got printed 3000 copies of the said book in September 1949 infringing his copyright of the book. The damages claimed were calculated at Rs. 2-8-0 per...
Maddula Appa Rao and ors. Vs. Income Tax Officer, Eluru and anr.
Court: Andhra Pradesh
Decided on: Dec-04-1958
Reported in: AIR1959AP391; [1959]36ITR140(AP)
P. Chandra Reddy, C.J.1. The petitioner seeks the issuance of a writ of Mandamus directing the Income Tax Officer, Eluru end the Collector, West Godavari District to refrain from taking any further proceedings in pursuance of the order of the first respondent for collection of revenue in a sum of Rs. 20,000/- for the year 1943-44 as also the penalty for the year 1944-45.2. The petitioner, who was the kartha of a Hindu undivided family was assessed for the accounting year ending with 4-4-1943 on a total income of Rs. 1,22,915/-. For the next year, i.e., for 1944-45, the assessable income was fixed at Rs. 46,951 /- and tie was directed to pay taxes of Rs. 53,628-12-0 and Rs. 15,194-7-0 for the years 1943-44 and 1944-45 respectively. The assessment was made on 30-3-1946 and the assessee was given some time for payment of the tax.The tax seems to have been paid within the prescribed time and there is no controversy regarding that matter now. What happened was that a week before the final o...
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