Andhra Pradesh Court July 1960 Judgments
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Mopidevi Ramakotayya Vs. Pushadapu Manikyam and ors.
Court: Andhra Pradesh
Decided on: Jul-22-1960
Reported in: AIR1961AP312
ORDERAnantanarayana Ayyar, J.1. This is a petition to revise the judgment and decree of the learned District Munsif, Masulipatam in S. C. S. No. 1038 of 1956. 2. The material facts are briefly these: Manikyam as the sole plaintiff filed S. C. S. No. 1038 of 1956, against two defendants. The first defendant is the son of Venkataswamy by his first wife. The second defendant is the second wife of the deceased Venkataswamy. The case of the plaintiff was that he pledged a certain jewel 'Kasula Peru' on 24-6-53 with Venkataswamy, borrowed a sum of Rs 230/-which was repayable with interest at 6 per cent per annum and that he was entitled to redeem the jewel. He asked for a decree against the two defendants for delivery of the pledged article after he deposited the sum due under the loan or, in the alternative, for the defendants to pay him the value of the gold article with interest thereon after deducting the amount due under the loan. The first defendant filed a written statement denying th...
Kanyalal Motilal Karva Vs. Controller of Estate Duty, Hyderabad
Court: Andhra Pradesh
Decided on: Jul-21-1960
Reported in: AIR1961AP333; [1961]41ITR1(AP)
Chandra Reddy, C.J. 1. The following question is referred by the Central Board of Revenue under Sub-section (1) of Section 64 of the Estate Duty Act 1953 (Act XXXIV of 1953) for the opinion of this Court: 'Whether on the facts and circumstances of the case, the deceased's share in the joint family property has been correctly taken as one half under Section 39 of the Act.' 2. The facts leading to this reference are briefly these. One Poonamchand died on 19-11-1954 at Hyderabad leaving behind him his son Motilal and his widow. A statement of account in form E. D. was filed by the accountable person before the Assistant Controller of Estate Duty, Special Estate Duty-cum-Income-tax Circle, Hyderabad declaring an estate of Rs. 81,803/-. The assessing authority determined the principal value of the deceased's estate at Rs. 1,76,890 as against Rs. 81,803 declared by him after notice to the accountable person. While agreeing to substitute the valuation as suggested by the proper officer, he ob...
Ediga Nawasaiah, Partner, Dissolved Firm Adoni Town Vs. District Colle ...
Court: Andhra Pradesh
Decided on: Jul-19-1960
Reported in: AIR1961AP253; [1961]43ITR344(AP)
ORDERSeshachalapathi, J.1. These two petitions filed under Article 226 of the Constitution of India are for the issue of a Writ of Prohibition, restraining the respondent from proceeding with the collection of taxes and penalty from the petitioner.2. The petitioner along with 6 others formed an association of persons for the purposes of doing business as Abkari renters under the name and style of the Adoni Town Toddy Combine. Returns were submitted on behalf of the said Combine for the years of assessment 1946-47 and 1947-48. By an assessment order dated 31-12-1948 the Additional Income tax Officer, Bellary, determined the total tax payable by Toddy Combine as Rs. 26,891-14-0 which was directed to be paid on or before the 25th of February 1949.The assessment and the tax were confirmed by the Income-tax Appellate Assistant Commissioner subject to some modification. The assessee preferred an appeal to the Income-tax Appellate Tribunal, Madras. On the date of hearing the assessee was abse...
Kanuri Sri Sankara Rao Vs. Kanuri Rajyalakshamma
Court: Andhra Pradesh
Decided on: Jul-18-1960
Reported in: AIR1961AP241
Umamaheswaram, J. 1. This appeal raises an interesting question of law as to the true construction of Section 14 of the Hindu Succession Act, (XXX of 1956) read with Section 3(2) of the Hindu Women's Rights to Property Act, (XVIII of 1937) as amended by Act, XI of 1938. In order to appreciate the legal contention raised by Sri T. Ramachandrarao, the learned Advocate for the appellant, it is necessary to set out a few relevant facts.2. The plaintiff-appellant is the adopted son of Venkatasiva Rao, the village munsif of Vijayavada, who died on 7-6-1956. The 1st defendant is the adoptive mother, i.e., the widow of Venkatasiva Rao (deceased). On 17-7-1956, the plaintiff instituted the suit for partition and separate possession of the plaint scheduled properties. He contended that on a proper interpretation of the terms of the Hindu Succession Act read with the provisions of the Hindu Women's Rights to Property Act, he is entitled to a three-fourths share in the suit properties and that the...
B. Subbarao and anr. Vs. Yellala Maram Satyanarayana
Court: Andhra Pradesh
Decided on: Jul-18-1960
Reported in: AIR1961AP502
ORDERSrinivasachari, J. 1. This revision is directed against the order of the District Munsif of Kurnool, dismissing the petitioners' application for review of his order dated 4-4-1958. The 1st petitioner is the father and the second petitioner is the daughter who filed a suit in forma pauperis for the recovery of damages for the loss sustained on the allegation that the second petitioner's mother was knocked down by a lorry belonging to the defendant and was killed. The petitioners filed the present suit for recovery of damages from the defendant This suit was filed in forma pauperis. This petition to sue in forma pauperis was opposed by the respondent firstly on the ground that the petitioners had no locus standi, he disputed the fact alleged in the plaint, that the 1st petitioner was the husband of the deceased and that the 2nd petitioner was born to the 1st petitioner and the deceased. The fact that the 1st petitioner was not in a position to pay the court-fee was also disputed. Th...
Vallabhaneni Buchiramayya and ors. Vs. Sri Davlapatla Mariyya and anr.
Court: Andhra Pradesh
Decided on: Jul-15-1960
Reported in: AIR1961AP97
P. Chandra Reddy, C.J.1. This appeal raises a question relating to the interpretation of Section 6(e), of the Provincial Insolvency Act, 1920.2. The material facts leading to; this appeal may be briefly set out. The respondents owed the appellants certain sums Of money on promissory notes and some others and some of the creditors' filed suits against the respondents for recovery of the money and obtained decrees against them. In execution of one of such decrees, their property was brought to sale on 31st August, 1954 and it was purchased by one Punniah. Shortly, thereafter, the appellants presented a petition in the District Court, West Godavari, under Section 7 to adjudicate the respondents as insolvents basing it inter alia on the sale of the property in execution of the decree. Pending disposal of this petition, the sale was set aside under Order 21 Rule 89 C.P.C.3. The petition was opposed by the respondents on the ground that they had not committed an act of insolvency within the ...
Punyamurthy Venkata Satyanarayana Shetti Vs. Gunda Subbaiah Chetty and ...
Court: Andhra Pradesh
Decided on: Jul-14-1960
Reported in: AIR1961AP301
Bhimasankaram, J.1. The appellant made a promissory note on 15-12-1953 in favour of the 1st respondent. When a demand was made by the latter for payment of the amount clue thereon he stated that the money had been paid to the 2nd respondent who is the 1st respondent's adopted son and pleaded discharge of his obligation thereunder; Thereupon, the 1st respondent instituted the suit out of which this appeal arises, impleading the appellant as the 1st defendant and his (the plaintiff's) adopted son as the 2nd. The principal defence raised to the suit is to be found in paragraph 4 of the lst defendant's written statement and is as follows :'As regards the amount true on the said suit promissory note the 2nd defendant made repeated demands on behalf of the plaintiff. When the 2nd defendant made such 'demands, the defendant paid the amount due under the promissory note to the 2nd defendant, on 23-2-1954 ..... 2nd defendant received the said amount and gave the receipt filed hereto. As the pla...
Mungara Venkataramaniah and ors. Vs. Vudata Subbramayya
Court: Andhra Pradesh
Decided on: Jul-07-1960
Reported in: AIR1961AP245
Chandra Reddy, C.J. 1. This appeal under Clause 15 of the Letters Patent is filed against the judgment of our learned brothel Seshachalapati J., in S. A. No. 914 of 1955.2. The point that fall's for decision in this appeal is whether the plaintiffs in O. S. No. 479 of 1951 (District Munsif's Court, Nellore) are entitled to irrigate their lands by getting water from the lands belonging to the defendants. The plaintiffs are the owners of a land S. No. 108/B in the village, Komariva, Nellore, District. The defendants are the owners of the adjoining laud bearing S. No. 109/-A, having purchased it just before the suit.The plaintiffs filed the suit which has given rise to this appeal, in the District Munsif's Court, Nellore, for declaration of their right to have their lands irrigated through S. No. 109/A, averring thai for several generations past their lands, which were lower in level than the lands of the defendants, were being irrigated by the flow of water from the defendants' lands. Th...
iska Subbarami Reddy Vs. the Nellore District Co-operative Wholesale S ...
Court: Andhra Pradesh
Decided on: Jul-07-1960
Reported in: AIR1961AP313
Jaganmohan Reddy, J. 1. The appellant was an employee of the Nellore District Co-operative Wholesale Stores Ltd., hereinafter referred to as the 'Co-opsra-tive Stores', initially as a clerk, then as an Accountant and on the date when the notice for discharge was given, he was occupying the post of a Supervisor to which he was promoted. There were in all 48 persons employed in this Co-operative Stores which was evidently dealing in food-grains.As a result of the abolition of the controls, the work of the Co-operative Stores was not so heavy and consequently some of the employees had to he retrenched. The Co-operative Stores gave to allits employees notices of retrenchment on 7-7-1952 and later purported to re-employ 37 of its employeeswhile dispensing with the services of 11 of whomthe appellant was one of them. The respondent gave another notice on 5-8-1952 terminating the services of the appellant from 7-8-1952 as per Ex. A-2.The appellant thereafter appealed to the Appellate Authorit...
iska Subbarami Reddi Vs. Nellore Co-operative Wholesale Stores, Ltd.
Court: Andhra Pradesh
Decided on: Jul-07-1960
Reported in: (1960)IILLJ477AP
Jaganmohan Reddi, J.1. The appellant was an employee of the Nellore District Co-operative Wholesale Stores, Ltd., hereinafter referred to as the co-operative stores, initially as a clerk, then as an accountant and on the date when the notice for discharge was given, he was occupying the post of a supervisor to which he was promoted. There was in all 48 persons employed in this co-operative stores which was evidently dealing in foodgrains. As a result of the abolition of the controls, the work of the co-operative stores was not be heavy and consequently some of the employees had to be retrenched. The cooperative stores gave to all its employees notices of retrenchment on 7 July 1952 and later purported to reemploy 37 of its employees while dispensing with the services of 11 of whom the appellant was one. The respondent gave another notice on 6 August 1952 terminating the services of the appellant from 7 August 1952 as per Ex. A. 2. The appellant, thereafter appealed to the appellate aut...
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