Andhra Pradesh Court December 1959 Judgments
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Polamreddi Subbarama Reddi and ors. Vs. Yeratapalli Chandrasekhara Red ...
Court: Andhra Pradesh
Decided on: Dec-24-1959
Reported in: AIR1961AP29
Srinivasachari, J. 1. These three appeals arise out of a suit filed for the recovery of a sum of Rs. 3,581-5-9. It is necessary to state a few facts in order to understand as to how the suit came to be filed.2. One Subbareddi the predecessor-in-interest of the defendants 1, 2, and 3 sold 63 cents of land to Balaramareddi, the father of the plaintiffs 1 to 4 and the husband of plaintiff No. 5 for Rs. 651/- under Ex. A. 1 dated 15-3-1927. After this the trustee of a temple filed a suit being O. S. 134/1941 on the file of the District Munsif's Court, Nellorc, stating that the 63 cents sold by Subbareddi was temple property and prayed for recovery of possession of the property from the present plaintiffs' father. The suit, after trial, was decreed by the trial court. There was an appeal to the first appellate court and a further second appeal to the High Court and the decree was confirmed by the High Court in S. A. No. 1235 of 1946 on 15-7-1949.Alter the decree had become final, the plaint...
Gangadharabhatla Satyanarayana of Yeleswaram Vs. Mudi Narayanswami of ...
Court: Andhra Pradesh
Decided on: Dec-24-1959
Reported in: AIR1961AP18
ORDERSanjeeva Row Nayudu, J.1. This revision petition is directed against the order of the Additional District Munsif Magistrate, Kakinada, made in C. C. No. 297 of 1956 rejecting the preliminary objection taken by the petitioner before him as to the maintainability of the prosecution in that case. 2. The facts out of which this revision petition has arisen may be briefly stated; The petitioner was a member of the Panchayat Board, Yeleswaram in East Godavari District. He was appointed as temporary President for the purpose of conducting a meeting of the Panchayat Board in order to effect the co-option of a woman member to the Panchayat Board. This meeting was conducted on 11-7-1956. At that meeting one Nookamma was co-opted as the woman member. The respondent in this revision petition filed a Writ Petition in the High Court against the co-option, which was dismissed on the ground that an alternative remedy by way of an election petition lay. Later the respondent filed an election petit...
Chakka Purnachandrarao Vs. Kunala Mallikharjuna Rao and ors.
Court: Andhra Pradesh
Decided on: Dec-24-1959
Reported in: AIR1961AP247
Bhimasankaram, J.1. The 6th defendant in O. S. No. 95 of 1954 on the file of the Subordinate Judge, Tenali is the appellant in this appeal. The 1st respondent was the plaintiff in that suit. That suit was instituted for the recovery of a sum of Rs. 6737-3-0 from the defendants of whom there were seven. The 1st defendant was a firm of which it was stated that defendants 2 to 5 were partners. The 6th defendant was described as a member of the joint family consisting of himself and his elder brother the 5th defendant and if was stated that the 5th defendant joined the firm on behalf of the joint family. The 7th defendant was impleaded as the widow of the second defendant's father who was also stated to be a partner of the firm.2. We are only interested in the present appeal with the suit in so far as it related to the 6th defendant. The suit was based upon two promissory notes both dated 20th January 1952 -- one executed in favour of the plaintiff for a sum of Rs. 3,000/-by the 2nd defend...
Gadagotlu Sitaramaiah Vs. Collector of Central Excise, Hyderabad
Court: Andhra Pradesh
Decided on: Dec-24-1959
Reported in: AIR1960AP294
ORDERSeshachalapati, J.1. This is a petition under Article 226 of the Constitution of India for the issue of a Writ of Mandamus or any other appropriate writ directing the respondent to dispose of the appeal preferred against the order of the Deputy Collector, Central Excise, without reference to Section 189 of the Sea Customs Act, 1878 read with Rule 215 of the Central Excise Rules 1944. The facts relevant to the disposal of this petition are within a very brief compass.2. The petitioner is a trader in Virginia tobacco under the Central Excise Act 1944 and holds a licence (L. 5. 17/49) of Chilakaluripet, Narasarao-pet Taluk, Guntur District. On 1-3-1955, the petitioner issued a quantity of 1,11,635 lbs. of V. F. C. Tobacco for processing, grading, stripping and re-bundling. On 21-9-1955 when the processing was completed the tobacco was found to weigh 1,05,584 lbs., only showing thereby a deficiency of 6,051 lbs., or about 5.4 per cent of the total quantity.3. By a notice dated 2-11-19...
Gangadharabhatla Satyanarayana of Yeleswaram Vs. Mudi Narayanaswami of ...
Court: Andhra Pradesh
Decided on: Dec-24-1959
Reported in: 1961CriLJ37
ORDERSanjeeva Row Nayudu, J.1. This revision petition is directed against the order of the Additional District Munsif Magistrate. Kakinnda. made in C.C. No. 297 of 1956 rejecting the preliminary objection taken by the petitioner before him as to the maintainability of the prosecution in that case.2. The facts out of which this revision petition has arisen may be briefly stated: The petitioner was a member of the Panchayat Board, Yeleswaram in East Godavari District. He was appointed as temporary President for the purpose of conducting a meeting of the Panchayat Board in order to ellect the co-option of a woman member to the Panchayat Board. This meeting was conducted on 11-7-1936. At that meeting one Nookumma was co-opted as the woman member. The respondent in this revision petition filed a Writ Petition in the High Court against the co-option, which was dismissed on the ground that an alterative remedy by way of an election petition lay.Later the respondent filed an election petition ...
G. Krishnareddy Vs. State of Andhra Pradesh Represented by the Secreta ...
Court: Andhra Pradesh
Decided on: Dec-22-1959
Reported in: AIR1960AP310
Anantanarayana Ayyar, J.1. The petitioner is G. Krishna Reddy. The 1st respondent is the State of Andhra Pradesh represented by the Secretary, Home Department, Hyderabad. The second respondent is the Andhra Pradesh State Bond Transport Corporation (hereinafter referred to for the sake of convenience as A.P.S.R.T.C.), represented by its Chairman. The petitioner has filed this petition under Article 226 of the Constitution, praying 'that this court may be pleased to call for the records relating to the discharge notice No. 02/3320/II, dated the 12th June, 1957 issued by the General Manager, Andhra Pradesh Road Transport Department (Now Chairman, State Road Transport Corporation) by issue of a writ of certiorari or any other appropriate writ or order or direction and quash the same, and pass such other or further orders as this Honourable Court may deem fit.'2. The relevant facts which are necessary and sufficient for disposal of this writ petition in the view we take of the matter arise ...
Alapati Venkatramayya Vs. Commissioner of Income-tax, Andhra Pradesh, ...
Court: Andhra Pradesh
Decided on: Dec-22-1959
Reported in: AIR1960AP487
Satyanarayana Raju, J. 1. The short point for decision in the present case is whether the Appellate Tribunal was justified in rejecting an application made under Section 66(1) of the Income-tax Act on the ground that it was tarred by time. 2. The facts material for the purposes of this petition are these: The petitioner was assessed to Capital Gains tax on a sum of Rs. 79,494/. Aggrieved by the said assessment, he preferred an appeal before the Appellate Tribunal, Bombay Bencb (C), Hyderabad, contesting his liability. By its order dated the 24th November 1955, the Tribunal allowed the appeal holding that no tax was payable on the aforesaid sum of Rs. 79,494/. The petitioner's substantial contention having been upheld, there was no need for him to take any further proceedings. The Commissioner of Income-tax, the respondent herein, filed an application under S, 66(1) of the Income-tax Act before the Appellate Tribunal to state a case to the High Court. He also filed an application under ...
E.V. Narasa Reddy Vs. Income-tax Officer, Nellore
Court: Andhra Pradesh
Decided on: Dec-22-1959
Reported in: AIR1960AP614; [1960]39ITR629(AP)
Satyanarayana Raju, J.1. This is an application, under Article 226 of the Constitution of India, for the issue of a writ of certiorari to quash the order of the Income-tax Officer, Main Circle, Nellore, dated 11-5-1953, and the consequential order dated 30-12-1954 assessing the petitioner to tax.2. The petitioner is a partner in the firm of Messrs. E. Venkatanarasa Reddy and Co., Gudur, along with his two major sons and a minor son Ananta Padmanabha Reddi, who has been admitted to the benefits of the partnership. In the assessment year, 1952-53, the petitioner's income was computed at Rs. 82,392/- and therein was included the income pertaining to the share of his minor son, according to the provisions of Section 16(3)(a)(ii) of the Income-tax Act. This assessment was made on 11-3-1953, and admittedly the petitioner preferred no appeal against the said assessment order.On 30-12-1954, the assessment was revised under Section 35 after obtaining the concurrence of the assessee by adopting ...
Dewan Hanuman Manmohan Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Dec-22-1959
Reported in: [1960]11STC473(AP)
Anantanarayana Ayyar, J.1. The petitioner is a registered dealer in cloth. He feels aggrieved with the order passed by the Sales Tax Appellate Tribunal, Andhra Pradesh, dated 23rd December, 1957, in T.A. No. 479 of 1957. The petitioner has filed this petition raising the following questions of law for decision by this Court:-1. Whether in the circumstances of the case, the assessment to the best judgment is bad in that no material is disclosed to the assessee and no effective opportunity of hearing was given to him.2. Whether in the circumstances of the case, the assessment, being arbitrary and a pure conjecture and based on no material on record, is bad and liable to be set aside.2. The relevant facts of the case are as follows :-For the assessment year 1955-56, the assessing officer fixed a provisional assessment of Rs. 6,600. The petitioner accordingly paid that sum. He failed to submit the annual return, Form A, for final assessment of that year 1955-56. The Sales Tax Officer repea...
Workmen of Bhajrang Jute Mills, Ltd. Vs. Bhajrang Jute Mills, Ltd. and ...
Court: Andhra Pradesh
Decided on: Dec-22-1959
Reported in: (1960)ILLJ604AP
ORDERSeshachalapati, J.1. This is an application under Article 226 of the Constitution of India to call for the records relating to the Industrial Dispute No. 45 of 1966, on the file of the Industrial Tribunal, Andhra Pradesh, Hyderabad, and to quash the award dated 11 November 1957 made therein.2. The petitioners are the workmen of Bhajrang Jute Mills, Ltd., Guntur, represented by Bhajrang Jute Mills Staff Union. The respondent 1 is Bhajrang Jute Mills, Ltd., represented by its manager for the time being.3. The petitioner-union made certain demands for the fixation of scales of pay, minimum wages and increase in the dearness allowances to the workmen. The management did not agree. There were some attempts at conciliation which proved abortive. Thereupon, the Government of Andhra Pradesh by G.O. Ms. No. 156, dated 19 February 1957, issued a notification under Section 10(1)(c) of the Industrial Disputes Act (Central Act, 1947) in these terms:-...
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