Andhra Pradesh Court August 1958 Judgments
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Sree Rama Varaprasada Rice Mill and anr. Vs. Takurdas Topandas and ors ...
Court: Andhra Pradesh
Decided on: Aug-14-1958
Reported in: AIR1960AP155
M. Seshachelapati, J. 1. This Second Appeal is against the decision of the learned Additional District Judge, East Godavari, in A. S. 42 of 1953 on his file which in turn arises out of O. S. No. 25 of 1951 on the file of the Subordinate Judge's Court, Rajahmundry. 2. The defendants 1 and 2 in the suit are the appellants in this appeal. The 1st defendant is a registered partnership firm doing business at Tade-pallingudam under the name and style of 'Sree Rama Varaprasada Rice Mill and Prabhat Oil Works.' The second defendant is the Managing partner of the 1st defendant-firm. Defendants 3 to 7 are the other partners of the firm. In this appeal they have been impleadcd as respondents 4 to 7. On 7-9-1947, the second defendant, who is the second appellant in this appeal, executed two hun-dies (Ex. A-1 and A-2) as the Managing partner of the 1st defendant-firm in sums of Rs. 2,000/- each in favour of one Sajjandas Khialdas, a banker doing money lending business at Rajahmundry for considerati...
Kapur Chand Vs. Kanji
Court: Andhra Pradesh
Decided on: Aug-14-1958
Reported in: AIR1959AP346
Srinivasachaiu, J.1. This matter has come before us on having been referred to a Bench by one of UK (Ansari J.). It may also be pointed out that the case was remanded to the District Court, Adilabad, by the High Court after framing an issue to the following effect:'Whether the plaintiff has received rents for the months subsequent to April, 1953 and has thereby waived the notice with the intention of treating the lease as subsisting.'After the case was remanded the District Judge recorded the evidence of the parties and has now submitted his finding.2. The facts briefly are that one Kanji instituted a suit against Kapurchand for eviction from shop No. 6 situated in Sirpur, basing the suit on a rent note said to have been executed by the said Kapur Chand on 1-10-1950. It was alleged that the premises was taken on a rental of Rs. 30/- per mensem and that the tenancy had expired and that a notice was given to quit on 11-4-1953 and inasmuch as the tenant failed to vacate, the present suit ...
Thamanampudi Kanthamma Vs. Thamanampudi Peda Veerareddy
Court: Andhra Pradesh
Decided on: Aug-14-1958
Reported in: AIR1959AP550
Munikannaiah, J.1. This application is filed under Section 151 of the Code of Civil Procedure, to condone the delay in depositing the amount of Rs. 200/- towards profits of the year 1958 as per the order of this Court dated 26-2-1957.2. The petitioner, who is the appellant in Section A. No. 709 of 1956, filed C.M.P. No. 6644 of 1956 for stay of execution of the decree in O. Section No. 77 of 11950 on the file of the Subordinate Judge's Court, Eluru, and an order granting stay had been made whereby the petitioner was directed to deposit within two months of that order certain sums and as regards future mesne profits, the petitioner was further directed to deposit Rs. 200/- on 15th of March every year commencing from 15-3-58. The petitioner avers that as the copy of the order of this Court in the said application was left in the office of her counsel in the lower Court, she was ignorant of the dale stipulated in the order, but deposited the said sum of Rs. 200/- only on 24-4-58, i.e., im...
Bokka Sreeramulu Vs. Kalipatnapu Venkateswar Rao and anr.
Court: Andhra Pradesh
Decided on: Aug-13-1958
Reported in: AIR1959AP92
Kumarayya, J.1. This second appeal raises two questions of law. While one of them relates to the maintainability of this appeal the other turns upon the true interpretation of Section 116 of the Indian Evidence Act, As on the latter question, some conflict of authority is said to exist in the decisions in Venkatanarasimha Charyulu v. Gangaraju, 1941-1 Mad LJ 554 : (AIR 1941 Mad 607) (A), and Kuppukonan v. Thirugnana Sammandam, ILR 31 Mad 461 (B), which is followed in Muthusamy Aiyar v. Solai Konan, 26 Mad LJ 597 : (AIR 1915 Mad 48 (1) (C), this appeal has been on reference placed before us for disposal.2. To appreciate the points involved, a brief statement of facts is necessary. Admittedly, the appellant took on lease the suit land measuring Ac. 12.00 from 1st respondent for one year on 1-8-1950 Ex. A-1 evidencing this transaction contains a clear admission that the lessor had full title to and was in possession and enjoyment of the land in question. It contains a stipulation to the e...
G. Ramappa and ors. Vs. Secretary to the Revenue Dept. and ors.
Court: Andhra Pradesh
Decided on: Aug-13-1958
Reported in: AIR1959AP318
ORDERUmamaheswaram, J.1. This is an application under Article 226 of the Constitution for quashing the order passed by the Government of Andhra Pradesh in Memorandum No. 43778-B/57-1 dated 24-9-1957 directing the provisional assignment to the 3rd respondent of the tends in Survey Nos. 512/2A/2, 512/2B and 472/2 excluding the portion of a site occupied by the poor Harijans in the village of T. Sodam in Chittoor District.2. The case of the petitioners is that in 1950, the 3rd respondent herein was provisionally assigned certain poramhoke lands in T. Sodam village and that upon the representations made by the villagers, the Tahsildar, Madanapalli submit led a report, E 1-9909/53 dated 13-10-1955 and that the Sub-Collector by his proceedings D. Dis, No. 19161/55 dated 20-10-1955 cancelled the provisional assignment except in regard to Survey No. 273/1.Thereupon the 3rd respondent preferred an appeal to the Collector, and the Collector of Chittoor in D. Dis. No. 23514/55 dated 1-9-1956 subs...
Chaganti Raghava Reddy Vs. Income Tax Officer, Bapatla, and Others.
Court: Andhra Pradesh
Decided on: Aug-11-1958
Reported in: [1959]36ITR47(AP)
CHANDRA REDDY, C.J. - These appeals are directed against the orders of the Subordinate Judge of Tenali directing payment of the moneys realised in execution of a decree obtained by the appellant against one Kondapaneni Krishnaiah to the Income-tax and Sales Tax Departments in preference to the appellant. The appellant who was one of the creditors of the said Kondapaneni Krishnaiah filed a suit O.S. No. 103 of 1950 and obtained a decree. In execution of it, he brought the properties of the judgment-debtors to sale and a sum of Rs. 13,012-8-0 being the sale-proceeds was deposited into court at that time. The Income-tax Department and the Sales Tax authorities filed applications asking for payment of these amounts claiming priority. E.A. 455/54 was by the Income-tax Department claiming Rs. 55,334-3-0 due under exhibits A-1 to A-3, exhibits A-1 and A-2 being the assessment orders for the years 1947-48 and 1948-49 and exhibit A-3, order under section 28(1)(b) of the Income-tax Act. The appl...
Chaganti Raghava Reddy Vs. State of Andhra (Now Andhra Pradesh) Repres ...
Court: Andhra Pradesh
Decided on: Aug-11-1958
Reported in: AIR1959AP631
P. Chandra Reddy, C.J. 1. These appeals are directed against the orders of the Subordinate Judge of Tenali directing payment of the moneys realised in execution of a decree obtained hy the appellant against one Kondapaneni Krishnaiah to the Income-tax and Sales-tax Departments in preference to the appellant. The appellant who was one of the creditors of the said Kondapaneni Krishnaiah filed a Suit O. S. No. 103 of 1950 and obtained a decree. In execution of it, he brought the properties of the judgment-debtors to sale and a sum of Rs. 13012-8-0 being the sale-proceeds was deposited into court at that time. The Income-tax Department and the Sales-tax Authorities filed applications asking for payment of these amounts claiming priority. E. A. 455/54 was by the Income-tax Department claiming Rs. 55,334-3-0 due under Exs. A-1 to A-3, Exs. A-1 and A-2 being the assessment orders for the years 1947-48 and 1948-49 and Ex. A-3, order under Section 28(1)(b) of the Income-tax Act. The application...
Bejjanki Rajam Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-08-1958
Reported in: AIR1959AP333; 1959CriLJ813
Jaganmohan Reddy, J.1. I have had the advantage of perusing the judgment of my learned brother. The facts of the case have been set out fully in the judgment about to be pronounced and it would be unnecessary to reiterate them.2. While agreeing with the conviction and sentence proposed to be passed against the accused, there are, however, two matters to which I wish to address myself, viz., (1) to what extent is the statement of the accused in Ex. P-1G admissible in evidence, and (2) what is the scope of Section 27 of the Evidence Act. I would not after the authoritative and weighty pronouncement of the Judicial Committee in Pulukuri Kottayya v. Emperor AIR 1947 PC 67, have ventured to examine the whole matter as if it was res Integra, but having regard to the observations of any brother Sanjeeva Row Nayudu expressing doubts on that judgment, J. hasten, with the greatest respect, to say that I am unable to find myself in agreement with him.3. On the first question, it may be stated tha...
Jaldu Anantha Raghurama Arya Vs. Jaldu Bapanna Rao and ors.
Court: Andhra Pradesh
Decided on: Aug-08-1958
Reported in: AIR1959AP448
P. Chandra Reddy, C.J.1. This second appeal arises out of a suit instituted by the 1st respondent in the Court of the District Munsif of Masulipatam for dissolution of partnership, for accounts and other incidental reliefs. This appeal concerns a timber business of one Jaldu Venkata Subbarao of Masulipatam who executed a will on 20-6-1942. He died on 22-6-1942 leaving behind him his widow and considerable assets including the timber business in dispute.By and under the terms of the will he made certain bequests in favour of his near relations and faithful servants. The decision of this appeal turns mainly on the relevant clauses of the testament. It is useful to set out the relevant clauses of the will-'I have appointed three individuals mentioned herein as executors arid trustees of my estate after my death -- Thatiparti Nagapotharao, Jaldu Manikyalarao, Pulaparti Viswanadhani. It is provided that at my death all my estate shall vest in the three individuals mentioned herein who shall...
Yarlagadda China Rattayya and anr. Vs. Donepudi Venkataramayya and ors ...
Court: Andhra Pradesh
Decided on: Aug-08-1958
Reported in: AIR1959AP551
Chandra Heddy, C.J.1. These two appeals arise out of O. S. No. 96 of 1949 on the file of the Subordinate Judge's Court, Rajahmundry. This action was raised by the plaintiff who is the 1st respondent in both the appeals for recovery of a sum of Rs. 3,00,000/-against defendants 1 to 3 under three heads: (a) damages for an illegal cancellation of a lease d/20-3-1937; (b) value of timber illegally taken possession of by defendants 1 and 2 and made over to the 3rd defendant; and (c) value of some movables illegally taken over by the 1st and 2nd defendants and given to the 3rd defendant.Under the first head, Rs. 1,50,000/- is claimed; and under the 2nd and 3rd heads Rs. 5,000/-and Rs. 1,00,000/- respectively. The plaintiff obtained a lease marked as Ex. A-1 on 30-3-1937 to fell timber in certain ranges of Jeypor forests from the 1st defendant the Maharajah of Jeypore. The 2nd defendant was the Assistant Dewan of the estate at that time. Having taken the lease to exploit the forests in the th...
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