Andhra Pradesh Court January 1961 Judgments
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Bobba Satyanarayana Vs. Maddineni Sree Ramulu
Court: Andhra Pradesh
Decided on: Jan-30-1961
Reported in: AIR1961AP461
ORDERSanjeeva Row Nayudu, J.1. This revision petition is directed against the judgment and decree of the District Munsif's Court, Eluru, dated 25th June 1958 in S. C. S. 122/58 on the file of the said Court. 2. The suit out of which this revision has arisen, was filed in the Court below by the respondent in this revision, claiming to recover a sum of Rs. 189.49 nP. dup to him by way of a handlom given by him to the petitioner on 6-5-1957. the handlom itself being in respect of a sum of Rs. 181/- and the rest of the amount claimed, represents interest thereon. 3. The facts of the case may be briefly noticed:- The respondent was a teacher in the Board High School, Kowali, while the present petitioner is the Headmaster of that High School. It is claimed in the plaint that the petitioner was in the habit of taking handloans from him (respondent) almost every month, repaying the same as and when he received his salary. The respondent could not disregard the request of the petitioner, the fo...
In Re: Mala Narayana and ors.
Court: Andhra Pradesh
Decided on: Jan-27-1961
Reported in: 1962CriLJ394
H. Anantanarayana Ayyar, J.1. All these three cases arise out of the judgment of the learned Additional Sessions Judge. Anantapur in Sessions Case No. 13 of 1959 on his file. In that case, charges were framed against eleven accused with results below:Charge No. I: Against A-2 and A-4 under Section 148 I.P.C. armed with fire-arms.Against : A-1, A-3, A-5 to A-11 under Section 147 I.P.C rioting at 7-30 a.m., on 7.7.1958 in Rapthadu with common object of causing the death of Patil Krishna Reddi, Village Munsif of Rapthadu (P.W. 13) and to members of his party.Finding: A-2 and A-4 guilty under Section 148, I.P.C. and sentenced to two years' rigorous imprisonment each. A-1 and A-11 guilty under Section 147, I.P.C. and sentenced to six months' rigorous imprisonment each; A-3 and A-5 to A-10 acquitted.Charge No. II : Against A-4 under Section 302 I.P.C. by causing the death of Boya Rushingamma (deceased,)Finding: A-4 guilty under Section 304 (Part II) I.P.C. and sentenced to rigorous imprisonm...
The State of Hyderabad Vs. Mohammad Omerali and anr.
Court: Andhra Pradesh
Decided on: Jan-25-1961
Reported in: AIR1963AP300
Manoher Pershad, J. 1. The Government of Hyderabad wanted to acquire some land for the construction of filter beds for the Water Works Department. Notifications under Sections 3 and 5 of the Hyderabad Land Acquisition Act hereinafter referred to as the Act were published in Jarida No. 44 dated 30th Meher 1352 F. for acquisition of Ac. 2-37 of land forming part of Survey Nos. 30, 31, 32, 33 and 34 situated in Fatehnagar village, Hyderabad. Subsequently notices under Sections 7 and 8 of the Act were also issued on 22-2-1953. Individual notices also were issued on 14-8-1953 to persons interested and respondent No. 1 was served on 10-9-1953. Respondent No. 1 filed his claim petition on 1-4-55 before the Collector claiming compensation without stating the actual amount of compensation for Ac. 3-00 of wet land at a rate higher than that of dry land. As regards the Remaining portion of Ac. 13-00 of land he stated that owing to the acquisition of Ac. 3-00 of land the said remaining portion of ...
Gowra Venkayya Chetty Vs. Commissioner of Income-tax, Andhra Pradesh.
Court: Andhra Pradesh
Decided on: Jan-25-1961
Reported in: [1962]45ITR191(AP)
CHANDRA REDDI C.J. - The question that arises for consideration in this reference is as to the starting point of the period of limitation under section 34(1) (a) of the Indian Income-tax Act, i.e., whether the eight years period has to be computed from the expiry of the accounting year or the assessment year.This very question fell to be decided by a Bench of this court Talluri Raghavaiah v. First Additional Income-tax Officer, Bapatla. After referring to the various provisions of the Indian Income-tax Act and several of the decided cases, we reached the conclusion that the year contemplated by section 34(1) (a) is the assessment year and not the accounting year.Sri Narasinga Rao for the section contends that the judgment of the Supreme Court in Pannalal Nandlal Bhandari v. Commissioner of Income-tax throws doubt on the correctness of the principle enunciated in Talluri Raghavaiah v. First Additional Income-tax Officer, Bapatla. We have to demur to this proposition. Far from rendering ...
Nistala Seshayya Bhukta and ors. Vs. Vasa Bageyya and ors.
Court: Andhra Pradesh
Decided on: Jan-24-1961
Reported in: AIR1962AP37
P. Chandra Reddy, C.J.(1) The questions that fall for decision by the Full Bench are whether Panasa Nandivada Agraharam is an estate within the meaning of Sec. 3 (2) (d) of the Madras Estates Land Act (hereinafter referred to as the Act) and whether Explanation 3 is applicable to it notwithstanding that a small portion of it was resumed prior to the passing of the Act.(2) This is the problem that presents itself in all the appeals and revision petitions. They arise out of suits brought by the appellant-petitioner for recovery of rents against tenants in the several Courts of Srikakulam district for different faslis.(3) These suits were resisted by the defendants, inter alia, on the defence that the lands being situate in an estate within the definition of S. 3 (2) (d) of the Act which described an estate, the Civil Court has no jurisdiction to try the suits. These objections prevailed with all the Court, except in O. S. No. 52 of 1953, the subject matter of which was 15 acres 76 cents....
Rajendra Mining Syndicate Vs. Commissioner of Income-tax, Andhra Prade ...
Court: Andhra Pradesh
Decided on: Jan-24-1961
Reported in: [1961]43ITR460(AP)
CHANDRA REDDY C.J. - The following two questions have been referred by the Income-tax Appellate Tribunal, Hyderabad Bench, for the opinion of this court under section 66(1) of the Indian Income-tax Act, namely :'1. Whether on the facts and circumstances of the case the leasehold rights, which formed the subject-matter of sale, are capital assets as contemplated under section 2(4A) and section 12B of the Indian Income-tax Act ?2. If the answer to the first question is in the affirmative, whether the sale of the said leasehold rights took place only on May 5, 1947, when the sale deed was executed ?'These question arise under the following circumstances. The assessee, Messrs. Rajendra Mining Syndicate, Guntur, is a registered firm having three mining leases and one prospecting licence for varying terms for certain plots in the Kondapalli Reserve Forest area. On January 29, 1946, the assessee entered into an agreement to transfer to one B. D. V. Ramaswami Naidu, the mining rights, concessi...
Government of Andhra Pradesh Vs. Sadaram Nookayya
Court: Andhra Pradesh
Decided on: Jan-17-1961
Reported in: AIR1962AP20
ORDERSrinivasachari, J.(1) This appeal arise under the following circumstances: The right to collect toll from the shopkeepers, who have their stalls in the market place at the weekly shandy was auctioned by the Estate Thasildar of Anakapalli, and the respondent herein happened to be the highest bidder. The auction was confirmed in his name. The sale was subject to the payment of cess to the Government at the rate of Rs. 0-5-0 in the rupee. The case of the plaintiff, who is the respondent herein is that he made representations to the Government that Government should not levy any of the auctions of the right to collect tolls in the years past and in fact the auction for the previous year fasli 1361 was also not subject to the payment of any cess.The plaintiff stated that in spite of protests having been raised by the plaintiff with regard to the collection of the amount of cess, the authorities, compelled him to pay the amount and thereupon he paid the amount of Rs. 970-10-0 on 1-10-19...
State of Andhra Pradesh Vs. Hyderabad Vegetable Products Co. Ltd., Hyd ...
Court: Andhra Pradesh
Decided on: Jan-17-1961
Reported in: AIR1963AP243; [1962]32CompCas64(AP)
ORDERSatyanarayana Raju, J.1. This is a petition, under Section 439 of the Companies Act (Act 1 of 1956) by the State of Andhra Pradesh, represented by the Secretary to Government, Industries (Industrial Fund) Department, to Wind up the Hyderabad Vegetable Products Co., Limited (hereinafter referred to as 'the company').2. The petition was presented on January, 4, 1960. It was adjourned for about nine months at the request of the learned counsel for the respondent for the purpose of enabling the Company to find monies to satisfy its creditors or to compound with them, but nothing tangible having emerged during the interval, I am left With no alternative but to dispose of the petition on its merits.3. In order to appreciate the matters arising for decision, it is necessary to give a short history of the Company. The Company was incorporated as a public limited Company under the Hyderabad Companies Act (Act IV of 1320 Fasli) on the 3rd day of Shehrewar, 1348 Fasli (corresponding to 10th ...
Oriental Silk Stores, Visakhapatnam Vs. General Manager of S.E. Rly., ...
Court: Andhra Pradesh
Decided on: Jan-17-1961
Reported in: AIR1961AP454
Chandra Reddy, C.J. 1. This revision petition is filed against the judgment and decree of the Subordinate Judge, Visakhapatnam dismissing S. C. S. No, 226 of 1956 instituted by the petitioner against the Union of India, represented by the Ministry of Railways, New Delhi the South Eastern Railway the Western Railway and the Central Railway, for recovery of a sum of Rs. 790-6-6 by way of compensation for the loss of sixteen pieces of shirting cloth.2. The facts giving rise to this revision may be briefly stated. A bale of shirting cloth was despatched on 23-7-1955 from Ahmedabad to Visakhapatnam to be delivered to the petitioner. The consignment was received at Visakhapatnam on 2-9-1955. On arrival, it was found that the bate was tampered with and sixteen pieces missing. The Station Master gave the shortage certificate for the same. Immediately, the petitioner brought it to the notice of the authorities concerned who promised to institute an enquiry into the matter. Ultimately, the conce...
Macherla Kondian Vs. Ede Venkataratnam and ors.
Court: Andhra Pradesh
Decided on: Jan-16-1961
Reported in: 1962CriLJ634
Anantanarayana Ayyar, J.1. One Macherla Peda Kondihh filed a private complaint in P.R.C. No. 2 of 1958 on the file of the Judicial Second Class Magistrate, Repalle. Subsequently, he died. His brother Macherla China Kondiah (PW. 1) continued to prosecute the case. Ultimately, the learned Magistrate committed 26 accused in that case to the Sessions Court, Gunlur Division fur trail. The learned Additional Sessions Judge, Guntur framed thirty-six. charges against the 26 accused in S.C No. 48 of 1958 on his file Alter full trial in that case, the learned Additional Sessions Judge acquitted every one of the accused of nil the charges trained against him. Macherla China kondiah was examined P.W. in that case. He filed C.M.P. No. 203 of 1959 in this Court for leave to file an appeal against the order of acquittal. Special leave Was granted by an order of this Court dated 24.2.1959 and the appeal filed by him was token en file as Criminal Appeal No. 231 of 1959. No appeal was tiled by the State...
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