Andhra Pradesh Court April 1960 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
J. Abid HussaIn Vs. Mrs. R.K. Paul and anr.
Court: Andhra Pradesh
Decided on: Apr-15-1960
Reported in: AIR1961AP508
ORDERMunikanniah, J.1. This revision petition is against the orders of the District Munsifs Gooty, passed in I. A. No. 119/57 filed in O. S. No. 448/31 allowing an amendment of a compromise decree purporting to act under Section 152, C. P. C. On behalf of the petitioner herein, objection is taken, to the exercise of the discretion vested in the Court under Section 152 as admittedly the interests of the third party have intervened. The question that arises for decision is about the nature of the power vested in a Court to correct or amend a decree so as to bring it in conformity with the judgment or the record of com-promise, even though the rights of third parties have intervened in the meantime.2. The following are the relevant facts : One S. Paul filed O. S. No. 448 of 1931 in the District Munsif's Court, Gooty against S.G. Phillips, and it was compromised. The memo of compromise contained the terms agreed between the parties. The dispute in the main related to the closing of a sluic...
Nalamaty Venkata Durga Prakasa Rao and ors. Vs. the State of Andhra Pr ...
Court: Andhra Pradesh
Decided on: Apr-13-1960
Reported in: AIR1961AP98
ORDERBasi Reddy, J.1. This is a petition under Article 226 of the Constitution for the issue of an appropriate writ, order or direction calling for the records relating to and to quash G. O. Rt. No. 806 Education dt. 27th November, 1957 purporting to be a declaration under Section 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') and published in the Andhra Pradesh Gazette dated 11th September, 1958.2. The facts leading up to this writ petition are not in controversy and are as follows:--These land acquisition proceedings relate to the lands bearing Section No. 74/1 of Amzuru village in Ramachandrapuram Taluk, East Godavari District, and have had a long and chequered history. The lands in question are about 5 acres 12 cents in extent out of which the petitioners are the owners of 4 acres and are the lessees of the remaining 1 acre 12 cents. In July, 1951, proceedings were taken by the Government under the Act for the acquisition of the lands on the ground that ...
Parimisetti Seetharamamma Vs. Commissioner of Income-tax, Andhra Prade ...
Court: Andhra Pradesh
Decided on: Apr-13-1960
Reported in: [1961]41ITR175(AP)
SRINIVASACHARI, J. - These references have come before us on a direction by us to refer a question of law arising in the case under section 66 (2) of the Indian Income-tax Act. The assessee is one Sitaramamma alias Manavathi Bai, resident of Nuzwid, West Godavari. She was assessed by the Income-tax Officer, Vijayawada, for the assessment year 1946-47. She was asked to submit a return and in the return that she submitted she showed a sum of Rs. 70,000 as gift received in cash from Princess Sita Devi, daughter of the Raja of Pithapuram, who was married to the Kumar Raja of Vuyyur and after divorce married to the ex-Gaekwad of Baroda. As the assessee did not file any documents or adduce any evidence in support of the version of the gift, the Income-tax Officer treated the receipts as salary and remuneration and as he found that the assessee had received valuable jewellery also from the said Sita Devi, he added the value of the jewellery also, viz., Rs. 4 lakhs, in computing the taxable in...
Gopalaswami Vari Temple, Timmapuram and ors. Vs. the Commissioner for ...
Court: Andhra Pradesh
Decided on: Apr-08-1960
Reported in: AIR1961AP216
P. Chandra Reddy, C.J.1. The questions to be decided by the Full Bench are: (i) whether Section 76(1) of the Hindu Religious and Charitable Endowments Act (Madras Act XIX of 1951) (hereinafter referred to as the Act) is intra vires; if the answer is in the affirmative, whether the Commissioner has to indicate the nature and quantum of services rendered by the Department to the particular temple in the notice issued calling for contribution; and (ii) whether the audit fee could' be collected from a temple only after the audit is done.2. The petitioners in all these cases are archakas of some of the temples situated in East Godavari. District. As they have been in possession and enjoyment of lands belonging to the temples and as they have not paid either the contribution or the audit fee for a number of years, the Commissioner for the Hindu Religious and Charitable Endowments was obliged to require the petitioners to pay the arrears, of contribution and the audit fee. The petitioners fil...
Varahalakshmi Rice and Oil Mills and ors. Vs. Industrial Tribunal and ...
Court: Andhra Pradesh
Decided on: Apr-05-1960
Reported in: (1960)IILLJ473AP
ORDERSeshachalapathi, J.1. This is a petition for the issue of a writ of prohibition directing the industrial tribunal, Hyderabad, from proceeding further with the adjudication of the dispute in Industrial Dispute No. 3 of 1958 on its file. The petitioners are the owners of the Rice Mills, Kothavalasa, Visakhapatnam district. Between them and the Rice, Oil and Mica Workers' Union, Kothavalasa, there had been certain disputes. By G.O. No. 1199, dated 18 November 1957, the Government of Anclhra Pradesh referred the following issues for adjudication by the industrial tribunal :(1) Whether the demand of the workmen for enhancement of wages and clearness allowance is justified?(2) Whether the demand of the workmen for the payment of bonus for the year 1955-56 is justified?(3) If so what should be the quantum of bonus? The tribunal registered the industrial dispute as No. 24 of 1957, along with I.D. No. 22 of 1957 arising outs of G.O. dated 9 November 1957. After considering the statement of...
Nimmagadda Lakshminarayana Vs. the Secretary, Public Works Dept., Gove ...
Court: Andhra Pradesh
Decided on: Apr-04-1960
Reported in: AIR1961AP289; (1960)IILLJ285AP
ORDERSeshachalapati, J.1. This is a petition filed under Article 226 of the Constitution of India to issue a writ of certiorari to quash the order of the respondent in G. O. No. 1.732 dated 24-6-1958, compulsorily retiring the petitioner from service.2. The facts relevant to the disposal of this petition are briefly these: The petitioner holds a degree of Bachelor of Electrical Engineering. He joined service under the Government of the composite State of Madras in 1944 as Junior Engineer. He was promoted as Assistant Engineer in April 1950. From February 1952 to October 1952 he wag working as Assistant Engineer Lines, Sub-division at Visakhapatnam. One Sri C. R. Sundaresan, Proprietor, Sri Gangaram Industries, Anakapalli, complained to the authorities that the petitioner failed to refund a sum of Rs. 500/- paid as security deposit.The Divisional Engineer, Visakhapatuain, enquired into the matter and reported that there were several allegations of corruption against the petitioner. The ...
Arisetti Appalaraju Vs. Assistant Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Apr-04-1960
Reported in: [1961]12STC398(AP)
ORDERSeshachalapati, J. 1. This is a petition under Article 226 of the Constitution of India for the issue of a writ of mandamus or other appropriate writ or order directing The Assistant Commercial Tax Officer, the respondent in this petition, to desist from seeking to collect from the petitioner the sales tax arrears due from his father.2. The facts necessary for the disposal of this petition may be briefly stated: One Arisetti Sriramulu, who was carrying on business in jute and groundnut was assessed under the Madras General Sales Tax Act for the assessment years 1948-49, 1949-50 and 1950-51. The Sales Tax Authorities found on a scrutiny of the accounts of the assessee that there were large suppressions in the returns of the turnover. The authorities, therefore, determined that a tax of Rs. 6,242-56 nP. was due from the assessee towards which only a sum of Rs. 143-17 nP. was paid. A demand notice for the balance of the sum, namely Rs. 6,099-39 nP., was issued to the assessee on 22nd...
C. Raju and ors. Vs. Dinshaji Dadabhai Italia and anr.
Court: Andhra Pradesh
Decided on: Apr-02-1960
Reported in: AIR1961AP239
Umamaheswaram, J. 1. This is an application to revise the order of the 4th Additional Judge, City Civil Court, Hyderabad allowing LA. No. 58 of 1953 in O. S. No. 120 of 1958 and directing the addition of defendants 3 to 7 as parties to the suit The suit was originally instituted against defendants 1 and 2. The 1st defendant is the father and the 2nd de-fondant is the son.The liability was incurred by the 1st defendant and the 2nd defendant was the surety. It transpires that before the institution of the suit, the 1st defendant died. So, an application was filed by the respondents to bring on record defendants 2 to 7 as the legal representatives of the 1st defendant. Subsequently, another application was filed under Order 1, Rule 10 C.P.C. to implead defendants 3 to 7 as parties to the suit.Following the decision of the Madras High Court in K. Ismail v. Pavu Amma, (S) : AIR1955Mad644 , the learned Judge impleaded defendants 3 to 7 as parties to the suit, the 2nd defendant, one of the le...
Pena Babulal and ors. Vs. Hyderabad Municipal Corporation Through Comm ...
Court: Andhra Pradesh
Decided on: Apr-02-1960
Reported in: AIR1961AP413
Manohar Pershad, J. 1. Appeal 53/2 of 1956 is on behalf of the judgment-debtor. It arises out of execution proceedings started by the respondent herein. It appears that the appellant stood surety and executed two surety bonds, one in the mouth of August 1952 and the second on 7th October, 1952 and as default was made, the respondent tried to execute the decree. In the E. P. filed, the respondent prayed that the surety be directed to deposit the amount and in case of default, House D-A-66, at Bir Bhan Bagh, Shah Inayath Gunj, Hyderabad may be attached and auctioned and the said amount may be awarded. The appellant resisted this petition. Though no counter was filed on his behalf, 011 10-10-1955 011 10-10-1955 , his learned counsel stated before court that his only objection was that as immoveable property was mortgaged and no personal liability was undertaken under the surely bonds, the decree-holder could not proceed against the hypothecated property in execution proceedings and he had...
M.A. Baig Vs. State of Andhra Pradesh Represented by Secretary, Home D ...
Court: Andhra Pradesh
Decided on: Apr-01-1960
Reported in: AIR1961AP126
ORDERSeshachalapati, J. 1. This is a petition for the issue of a Writ of Certiorari and to quash the order of the Commissioner of Police of Hyderabad dated 4-2-1958 on the ground that conditions 3(a) and (b) of the licence granted to the petitioner are void and unconstitutional. 2. The petitioner is the proprietor of a Cinema house called 'Noble Talkies' at Mallepalli in the City of Hyderabad. He applied for a licence under the Hyderabad Cinematograph Act, 1952 and the Hyderabad Cinematograph Rules, 1953. Under the said licence the petitioner has to produce Fire, Electrical, Municipal and Approved Films Certificates. On 14-2-1958, the Police Commissioner of Hyderabad notified to the petitioner that he had not produced the Municipal Certificate and the Approved Films Certificate and, therefore, action would be taken against him under Section 7 of the Hyderabad Cinema (Regulation) Act, 1952 and he would be liable for the penalties described in that provision. The petitioner's case is tha...
- ‹ Prev
- 1
- Next ›