Andhra Pradesh Court January 1959 Judgments
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V. Kameswararao and ors. Vs. M. Hemalathammarao and ors.
Court: Andhra Pradesh
Decided on: Jan-20-1959
Reported in: AIR1959AP596
Bhimasankaram, J.1. The 1st plaintiff and the legal representatives of the 2nd are the appellants. The suit was brought to enforce specific performance of an agreement dated 30-8-1949 executed by the 1st defendant for herself and also as the guardian of the defendants 2 and 3, defendants 2 and 3 being the son and daughter respectively of the 1st defendant who is the wife of Venkatadri Apparo not a party to the suit. The plaint states that although the agreement was taken in the name of the 1st plaintiff and the defendants 4 and 5, the second plaintiff and the 6th defendant also were interested in the agreement. The agreement was for the sale of 80 acres of land for a sum of Rs. 3,200/-. It would appear that under a settlement deed executed in her favour by her husband, the 1st defendant became entitled to the properties' for life with the remainder being vested in her children.2. The suit was resisted on several grounds but the one which seems to me decisive of the issue of this appeal...
Potharaju Pardhasaradhi Rao Being Minor by Guardian and Adoptive Mothe ...
Court: Andhra Pradesh
Decided on: Jan-16-1959
Reported in: AIR1959AP512
Chandra Reddy, C.J. 1. The appeals raise common questions of law and fact and could therefore be disposed of together. 2. The facts giving rise to these appeals could be stated in a few words. One Potaraju Sreeramulu had a son Venkata Subba Rao and a grand-son Ramakrishna Rao. Both of them predeceased him. The son died in February 1947 and the grand-son on 1st December 1945, the latter leaving a widow by name Papayamma. Sreeramulu had also a daughter by name Chittamma whose daughter is the afore-mentioned Papayamma. On the death of Venkata Subba Rao misunderstandings arose between Sreeramulu and his son-in-law i.e., the husband of Chittamma consequent upon the latter's attempt to get at all the properties of Sreeramulu. The son-in-law set up one Chenchal Rao to claim to be the adopted son. of Sreeramulu. In this state of strained feelings, Sreeramulu executed a will bequeathing all his properties to his wife Ramayamma and also conferring power on her to adopt a boy. Pursuant to this au...
G. K. Padmaraju Vs. Commissioner of Income-tax, Hyderabad.
Court: Andhra Pradesh
Decided on: Jan-16-1959
Reported in: [1959]37ITR365(AP)
JAGANMOHAN REDDY, J. - In compliance with the directions of this court, the Income-tax Appellate Tribunal at Bombay, Bench C, has sent a statement of the case on the following questions :'1. Whether on the facts and in the circumstances of the case, the estimates of Rs. 55,000 in respect of Visakhapatnam business and Rs. 70,000 in respect of Raipur branch were justified ?2. Whether on the facts and in the circumstances of the case, the penalty of Rs. 25,000 sustained by the Appellate Tribunal under section 28(1)(c) of the Act was justified in law ?'The assessee is a dealer in rice, pulses, chillies etc. at Visakhapatnam and had a branch during the relevant period in Madhya Pradesh. The year of assessment in question was 1943-44 for which the income of the previous year ending 31st March, 1943, was taken into consideration. The assessee first submitted a return on July 15, 1943, declaring a net income of Rs. 30,285 and when the Income-tax Officer called for the books of account and duri...
K.V. Sethuraman Vs. Union of India (Uoi) Represented by the Hyderabad ...
Court: Andhra Pradesh
Decided on: Jan-12-1959
Reported in: AIR1960AP151; 1960CriLJ307
ORDERBasi Reddy, J.1. In C. C. No. 6 of 1956 on the file of the Special Judge, Vijayawada, the accused, K. V. Sethuraman, formerly commercial clerk, Tade-palligudein Railway Station, Southern Railway, was tried on a charge under Section 5(2) read with Section 5(1)(c) of the Prevention of Corruption Act (II of 1947) for having as a public servant between 21-9-1951 and 18-9-1952, dishonestly or fraudulently misappropriated a sum of Rs. 935-6-0 collected by him by sale of season tickets and halt station tickets on various dates during that period. The learned Special Judge convicted the accused of the offence with which he was charged and, as in the Judge's view, the accused was a public servant and was not a previous convict, he took a lenient view of the offence committed by the accused and sentenced him to undergo simple imprisonment for four months. Against the said conviction and sentence the accused has preferred Criminal Appeal No. 359 of 1957.2. The State of Andhra Pradesh has fil...
Boddapati Ayyanna and ors. Vs. Kundeti Kotayya, Minor by Mother and Ne ...
Court: Andhra Pradesh
Decided on: Jan-09-1959
Reported in: AIR1960AP70
Ansari, J.1. The appellants before us are the 2nd, 10th, 12th, defendants and the legal representatives of the 13th. These have appealed against the judgment by a learned single Judge of the High Court where-by the decrees of the lower Courts were modified and the respondent has been held entitled to possession of half-share in immovable properties forming items 1 to 5 of Schedule B and1 item 6 of B-1 Schedule to the plaint. The respondent has filed cross-objection against the rejection by all the Courts of his claim to properties in C Schedule, which cover immovables in the name of the 1st defendant. The following pedigree would show the relation between the plaintiff and some of the defendants: CHINNAMMAI = Kundeti Chanchayya = Yellamma 3rd wife d. May 31. 1941 2nd wife 1st deft. = Ademma | | 1st wife _________|___________ ___________________|______________ | | | | | | | Ramaswami Kotayya Lakshmamma Rukkamma Sitamma Subbamma (died) Plaitiff = Boddapati Ayyanna Respondent 2nd deft. 2....
M.M.A.K. Mohideen Thambay and Co., Ellore Vs. Commissioner of Income-t ...
Court: Andhra Pradesh
Decided on: Jan-09-1959
Reported in: AIR1960AP292
Chandra Reddy, C.J.1. This Court has directed the Income-tax Appellate Tribunal, Madras Bench to state a case on the following questions :1. 'Whether the order of the Tribunal based upon the facts and reasons given In their order, relating to the assessment year 1940-41 is legal; and 2. Whether the facts relating to the assessmentyear 1942-43 are identical to those of assessment year 1940-41. 2. The reference relates to the assessment year 1942-43, the accounting year being 1941-42. The assessee is a firm having tanneries at Ellore and it other places. It had several purchasing centres of raw hides. In addition, purchases were made on a large scale at Calcutta through one Velak Syed Mohd. Ali, a brother of some of the partners, up to December 1941 and thereafter through one M. K. Md. Makdoom, a former employee of Velak Syed Md. Ali aforesaid. The partnership consisted originally of six persons. Subsequent to 1-4-1940, eight other persons joined the partnership, with the result that at ...
M. M. A. K. Mohideen Thamby and Co. Vs. Commissioner of Income-tax, Ma ...
Court: Andhra Pradesh
Decided on: Jan-09-1959
Reported in: [1959]36ITR481(AP)
CHANDRA REDDY, C.J. - This court had directed the Income-tax Appellate Tribunal, Madras Bench, to state a case on the following questions :'1. Whether the order of the Tribunal based upon the facts and reasons given in their order, relating to the assessment year 1940-41 is legal; and2. Whether the facts relating to the assessment year 1942-43 are identical to those of assessment year 1940-41 ?'The reference relates to the assessment year 1942-43, the accounting year being 1941-42. The assessee is a firm having tanneries at Ellore and at other places. It had several purchasing centers of raw hides. In addition, purchases were made on a large scale at Calcutta through one Velak Syed Mohammad Ali, a brother of some of the partners, up to December, 1941, and thereafter through one M. K. M. D. Makdoon, a former employee of Velak Syed Mohammad Ali aforesaid. The partnership consisted originally of six persons. Subsequent to 1st April, 1940, eight other person joined the partnership, with th...
General and Credit Corporation (India) Ltd. Vs. Sri Raja Inuganti Venk ...
Court: Andhra Pradesh
Decided on: Jan-08-1959
Reported in: AIR1959AP433
P. Chandra Reddy, C.J.1. This is an appeal against the order of the States Abolition Tribunal, Chittoor, dated 5-1-1953.2. The appellant filed a claim before the Tribunal on the basis of a mortgage created by the first respondent on 16-11-1941, over certain villages, which were' subsequently taken over by the Government in pursuance of the provisions of the Madras (Estates Abolition and Conversion into Ryotwari) Act, 1948 for a sum of Rs. 15,500/-. This amount was to any interest at ten per cent per annum with yearly rests. There was also a stipulation that the interest accruing should be paid every month to the mortgagee. Obviously, nothing was paid by the mortgagor. On two of the three villages forming the subject matter of the mortgage, being taken over under the Estates Abolition Act, the Government deposed a sum of Rs. 26,000/- and odd under Section 54-A of the aforesaid Act. Thereupon, the mortgagee, i. e., the present appellant, applied to the Tribunal on 31-8-1951 for payment o...
Yeditha Satyanarayanamurty and ors. Vs. Tadi Subrahmanyam and ors.
Court: Andhra Pradesh
Decided on: Jan-05-1959
Reported in: AIR1959AP534
Chandra Reddy, C.J.1. These second appeals have been referred to a Bench by Umamaheswaram J., as an important question of law relating to the interpretation of Section 53A of the Transfer of Property Act is involved in them. 2. The facts are not in dispute and may be briefly set out in so far as they are relevant for this enquiry. The plaintiffs, three in number, and defendants 2 and 3 are the sons of the first defendant and originally they formed members of a joint Hindu family. Defendants 1 to 3, the first plaintiff and plaintiff 2 minor by his father and guardian, the first defendant, executed a simple mortgage for Rs. 4,500/- in favour of the Yeditha Lachanria. On the same day, the same persons executed another simple mortgage for a similar sum in favour of one Yeditha Sathiraju. Sometime later, i.e., on 2nd November, 1934, agreements of sale were executed in favour of the mortgagees by defendants 1 to 3 and plaintiffs 2 and 3, the later two being minors by their father and guardia...
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