Andhra Pradesh Court September 1959 Judgments
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Thota Sambayya Vs. Devabhaktuni Ramanada Dutt
Court: Andhra Pradesh
Decided on: Sep-29-1959
Reported in: AIR1960AP515
Basi Reddy, J.1. On a consideration of the facts and circumstances of the case, both the Courts below have found that it was the plaintiff-appellant who had committed breach of the contract entered into between him and the respondent, the terms of which were embodied in Ex. A-1. They have further, found that not only had the appellant defaulted in paying the balance of the purchase money of Rs. 3,100/ widiin the stipulated time of three months and failed to surrender the vehicle to the respondent, but he had had the use of the lorry for five months and had more than compensated himself for the sum of Rs. 2,000/, which he had paid as advance. In that view both the Courts have held that the appellant was not entitled to recover the advance money of Rs. 2000/ or a similar, sum as damages.2. Mr. Chandrasekhara Sastri for the appellant however contends that assuming that the appellant had broken the contract, the Courts below had nevertheless to consider the applicability of Section 74 of t...
Sait Genamal Vs. Pachigolla China Ramaswamy and ors.
Court: Andhra Pradesh
Decided on: Sep-28-1959
Reported in: AIR1960AP465
Chandra Reddy, C.J.1. This second appeal raises a difficult though interesting question of law, namely, whether an instrument of mortgage executed by a court in pursuance of a decree for specific performance needs attestation by two witnesses as required by Section 59 of the Transfer of Property Act.2. The facts that contributed to this litigation and which have given rise to this question may be briefly narrated. The 2nd respondent had borrowed a sum of Rs. 900/ from the appellant and executed a promissory note for that sum on 3-8-1952 arid, at the same time, agreed to create a mortgage over the suit property for that debt in favour of the plaintiff if the promissory note debt was not discharged within three months of the date of the promissory note. He neither made the repayment nor executed the mortgage as undertaken by him. Therefore, the plaintiff was obliged to lay an action for specific performance of the agreement to execute a mortgage -- O. S. No. 23 of 1953 in the Court of th...
Peri Venkateswara Sarma and anr. Vs. Secretary, Govt. of Andhra, Publi ...
Court: Andhra Pradesh
Decided on: Sep-25-1959
Reported in: AIR1960AP371A
ORDERBhimasankaram, J.1. These two writ petitions challenge the validity of an order of the Government of Andhra (now Andhra Pradesh) dated 9th August, 1956 passed in exercise of the revisional power vested in them Under Section 64A of the Motor Vehicle) Act as amended by the Madras State Legislature, Under that section, the State Government may, of Its own motion or on application made to it, call for the records of any order passed or proceeding taken under Chapter IV of the Motor Vehicles Act by any authority or officer subordinate to It, for the purpose of satisfying itself as to the legality regularity or propriety of such order or proceeding and after examining such records may pass such order in reference thereto as it thinks fit.2. The facts leading up to these present petitions are these : A new stage carriage route was opened in the East Godavari District from Goganna-mattam to Narasapuram Ferry Via Mulkipalli, Jag-gannapeta, Razole and Lakkavaram and applications were invite...
Yerramilli Radraraju Vs. Yavanamanda Suryanarayana Raju and ors.
Court: Andhra Pradesh
Decided on: Sep-22-1959
Reported in: AIR1960AP257
Ahmed Ansari, J.1. The appellant is the plaintiff and has filed a suit against four persons to recover Rs. 1,619-1-0. The first defendant is the father and the others are his sons. The amount sued for is the total of three claims, the first being the money value of 54 bags of paddy on account of an oral lease. The next is the principal and interest of a promissory note for Rs. 476 by the father which was executed on 19-4-1949. The last item is the debt of Rs. 54/- on account of Katha dealings. The plaint is dated 24-4-1953, and the defences raised are that no relation of landlord and tenant existed between the parties, the debt on the promissory note had been discharged and the Katha debt remitted.The trial court found all the aforesaid pleas to be incorrect; but it had dismissed the suit on the ground of limitation. In appeal the Subordinate Judge has sustained the defence of the suit not beings within limitation. In second appeal the argument urged before the learned Judge who origin...
In Re: V.S. Hariharan
Court: Andhra Pradesh
Decided on: Sep-19-1959
Reported in: AIR1960AP518; (1960)ILLJ164AP
ORDERSeshachalapati, J.1. This is a petition filed under Article 226 of the Constitution of India for the issue of a writ of certiorari to the respondent, the Managing Director, Hindustan Shipyard Ltd., Visakhapatnam, and to quash his order PD/36/26 dated 30-6-1959.2. The petitioner was employed in the respondent-company as a Superintendent of the Stores from 6-11-52 till 30-6-59. In 1955 there were certain shortages in the stores and suspicion fell on the petitioner. He was placed under suspension and charges were framed against him with a view to take disciplinary action. He submitted his explanation. But before any final orders were passed on that enquiry the matter was entrusted to the police, who arrested the petitioner and registered the case against him under Section 420 I. P. C. (C. C. No. 287 of 1957). After trial the criminal case was decided in favour of the petitioner and he was acquitted on 9-3-1959. Thereafter, the petitioner requested the respondent-company to reinstate ...
Budhavarapu Venkata Surya Gopalam and ors. Vs. Adivi Bapiraju and ors.
Court: Andhra Pradesh
Decided on: Sep-19-1959
Reported in: AIR1960AP587
Ansari, J.The appellants before us are the decree-holders, whose execution petition has been found to be barred by limitation. The execution petition earlier to the one so found had been dismissed on May 8, 1947, but the decree-holders had during its pendency filed Ex. A. 210/47 that was received in Court on April, 10, 1947. Thereby they had asked that the upset price fixed by the court in respect of the properties ordered to be sold should be reduced. The application had stated that May 5, 1947 had been fixed as the date for the sale at the mortgaged properties in order to realise the decretal amount, that the properties were lands subject to submersion, that there were several de-crees against the defendant, and that the upset price for the lands in the first item should be reduced to Rs. 500 from Rs. 7,000; in the second Item to Rs. 200 from Rs. 1,400; in the third item to Rs. 200 from 1,800; in the fourth item to Rs. 200 from Rs. 400.The application then stated that if the sale be ...
Sri Jagannatha Swamivari Temple, Vadali Represented by Its Trustees: M ...
Court: Andhra Pradesh
Decided on: Sep-18-1959
Reported in: AIR1960AP326
Kumarayya, J.1. This is a Second Appeal on behalf of the defendants against the judgment and decree of the Subordinate Judge, Gudivada confirming the preliminary decree passed' by the Dt. Munsif, Gudivada in a suit for rendition of accounts.2. The brief facts of the case are : The village of Vadali in Kaikalur Taluk was granted as inam as far back as in the year 1760 A-D. by the Nizam to the deity Sri Jagannadhaswamy varu. One half of this inam was given in possession to the temple and the other half in the possession of twelve agraharamdars who had to render Swastivachakam service to the temple. The inam was confirmed in 1860. A separate title deed was issued in favour of the twelve agraharamdars by the Inam Commissioner for one half of the inam village.The agraharamdars by virtue of the grant possessed hereditary rights to enjoy the inam lands granted for their service. It was open for them to render their due service in the Devasthanam either personally or by proxy. Their right of e...
Kothamasu Venkata Subbayya Vs. Udatha Pitchayya
Court: Andhra Pradesh
Decided on: Sep-18-1959
Reported in: AIR1960AP349
Basi Reddi, J.1. These two Civil Miscellaneous Second Appeals arc directed against the orders passed by the Subordinate Judge, Narasaraopet, in A.S. No. 15 of 1955 and A.S. No. 111 of 1954 respectively, which were appeals filed against the orders of the District Munsif, Gurazala, in E.A. No. 666 of 1954 and E. A. No. 368 of 1949 respectively in O.S. No. 190 of 1943 on the tile of the Court of the District Munsif, Gurazala. The two C.M.S. As. arise out of the same set of facts and can conveniently be disposed of by one judgment.2. To appreciate the contentions raised on behalf of the appellant Venkata Subbayya, it is necessary to set out the facts in some detail.3. On 12-7-1944 Pitchayya, the respondent in these two C.M.S.As., who will be referred to hereafter as the decree-holder, obtained a decree for Rs. 4864-14-0 against six defendants including the appellant and one Sadasivayya, who were defendants 1 and 2 respectively in O.S. No. 196 of 1943 on the file of the Court of the Distric...
Commercial and Industrial Bank Ltd. Through the Manager, Viswanatha Ra ...
Court: Andhra Pradesh
Decided on: Sep-17-1959
Reported in: AIR1960AP319
ORDERSeshachalapati, J.1. In this reference the question is whether the cross-objector has to pay any court-fee, and if so, on what amount.2. The cross-objector filed a suit against the defendants for the recovery o a sum of about Rs. 18,000. The suit was decreed, but interest on the suit claim from the date of the institution of the plaint was not awarded. The judgment-debtors filed C. C. C. A. No. 11 of 1959. The plaintiff-decree-holder filed under Order 41, Rule 22, C.P.C. a Memorandum of Cross-objections and has not paid any court-fee thereon.3. The office raised an objection that inasmuch as the interest claimed from the date of the Institution of the plaint till the filing of the cross-objections is an ascertainable sum and as it forms the subject-matter of the cross-objections an ad valorem fee thereon should be paid.4. The cross-objector on the contrary has contended that no court-fee is leviable on the cross-objections for the reason that in respect of the future interest whic...
Jupudi Sesharatnam and ors. Vs. the Gift Tax Officer, Palacole, West G ...
Court: Andhra Pradesh
Decided on: Sep-15-1959
Reported in: AIR1960AP115; [1960]38ITR93(AP)
Chandra Reddy, C.J.1. The principal question raised in all these petitions relate to the constitutionality of the Gift Tax Act (hereinafter referred to as the Act) in so far as it seeks to levy tax on gifts of agricultural land.2. The Act was passed by the Parliament in the beginning of 1958 and received the assent of the President on 15-5-1958. The report of the Indian Taxation Enquiry Commission, 1953-54 to the Government of India considered the introduction of gift tax in India. The commission remarked that a gift tax though appeared in theory to be an attractive proposition, required considerable experience of the opinion of Estate duty before it could be introduced in this country. A year or two later Prof. Kalder, Reader in Economics. University of Cambridge was invited by the Government of India to examine this question and he made his report to the Union Government in March 1956.His proposal was that a single integrated tax should he imposed on sifts of all kinds (including und...
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