Andhra Pradesh Court September 1961 Judgments
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H.H. Sri Mahant Narayana Dossjee Varu, Sri Mahant of Sri Hathiramjee M ...
Court: Andhra Pradesh
Decided on: Sep-19-1961
Reported in: AIR1963AP25
ORDERManohar Pershad, J.1. These appeals are on behalf of the plaintiff. In these appeals, the only question to be decided is one of Court-fee. The plaintiff filed the present suits against the respondent for cancelling the notification of the permanent under-tenure village of Sivanathapaliem in the former permanently settled Estate of Kalahasti as illegal, ultra wires and without jurisdiction.2. The appellant claims to be the owner of the village having purchased the same from a representative of the original grantee. The Government of Andhra Pradesh notified the village as a Zamindari Estate on 12-11-1953 and took over possession of the same on 4-12-53 depositing the advance compensation on the basis of a zamindari estate . The appellant pleaded that the action of the State Government in notifying the village as a zamindari estate and taking over possession thereof was illegal, ultra vires and without jurisdiction and liable to be set aside. He valued the suit in C. F. R. No. 7443 of...
Arisetty Ramakrishnaiah and anr. Vs. Pattipati Vengayya and anr.
Court: Andhra Pradesh
Decided on: Sep-18-1961
Reported in: AIR1963AP6
Narasimham, J.1. This is an appeal preferred against the judgment dated 6-2-1957 of the Additional District Judge, Nellore in A. S. 186 of 1956 reversing the judgment of the District Munsif, Nellore, in O. S. 458 of T954 and dismissing the suit with costs.2. The plaintiff is the appellant.3. The respondents are the sons of one Bakkayya, who is said to have died about 2 months prior to the institution of the suit, O. S. No. 458 of 1954 on 21-10-1954.4. The appellant had instituted S. C. 172 of 1952 on the file of the Principal Subordinate Judge's Court, Tenali, for recovery of the money borrowed for the family business carried on by the said Bakkaya and obtained a decree on 9-10-1952 for Rs. 1,000/- and, costs. The said Bakkayya was the head of a joint Hindu family comprising of himself and his three sons, the present respondents and one Perayya. The sons were not made parties to the suit for recovery of money. In execution, the appellant attached certain properties in Nellore. The 1st ...
Mudragada Suryanarayanamurthi Vs. Southern Agencies, Rajahmundry and a ...
Court: Andhra Pradesh
Decided on: Sep-18-1961
Reported in: AIR1962AP271
Chandrasekhara Sastry, J. (1) The appellant in this appeal is the judgment -debtor in O.S. No. 191/53 on the file of the court of the District Munsif , Rajahmundry. The 1st respondent in the appeal is the decree-holder and the 2nd respondent is the person who bid at the auction held in execution of the decree in E.P. No. 63/55. The sale in execution of the decree in E.P.No. 63/55 on the file of the District court, Rajahmundry was held on 3-8-1957 and the 2nd respondent herein became the highest bidder. He deposited 1/4th of the bid amount on that date as required by Order 21, Rule 84 of the civil procedure code and the balance i.e., 3/4ths of the bid amount within 15 days as required by Order 21, Rule 85 C.P.C. Within the said 15 days, the 2nd respondent deposited for the sale certificate, but the correct amount to be deposited for the general stamp for the sale certificate as calculated with reference to Articles 16 and 20 of schedule I-A of the stamp Act as applicable in the state of...
Mamidi Lakshminarayana Vs. Akula Satyanarayana and ors.
Court: Andhra Pradesh
Decided on: Sep-08-1961
Reported in: AIR1963AP68
ORDERKumarayya, J.1. The petitioner herein had originally brought a suit tor declaration of his right and possession of the suit schedule lands before the District Munsif, Kovvur, which was registered as O. S. No. 313 of 1955. The question of jurisdiction was raised having regard to the prevailing market-value of the suit lands. The District Munsif ultimately found on the basis of the Commissioner's report that the value of these lands at the time when the suit was brought was Rs. 10,500/-, and on that basis he returned the plaint to be presented before the proper Court. Accordingly, 01 19-6-1958, the petitioner herein instituted the suit by presenting the returned plaint before the Subordinate Judge, Eluru. By that time, the Andhra Court-fees and Suits Valuation Act, 1956 had come Into force with effect from 1-5-1956.The question then before the learned Subordinate Judge was whether the old Court Fees 'Act had applied or the new Act. He came to the conclusion that the new Act has no a...
Pinapak Satyanarayana and ors. Vs. Somu Lakshminarayana and ors.
Court: Andhra Pradesh
Decided on: Sep-05-1961
Reported in: AIR1963AP281
Narasimham, J. 1. This is an appeal preferred against the judgment of our learned brother, Srinivasachari J. in A. S. No. 505 or 1956 affirming the judgment of Subordinate Judge, Vijayawada, in O. S. No. 197 of 1954 and dismissing the appeal. 2. The facts of the case, which are not in controversy before us, are these : One Rattayya for himself and as guardian of his then only undivided minor son, respondent 7, had executed a mortgage of his family properties in favour of respondent 1 and one Chintalapudi Pullayya, the predecessor-in-title of respondents 2 to 6, for Rs. 3695/-by and under a registered mortgage deed dated 20-9-1929 for the discharge of debts due by himself partly and by his deceased undivided brother Krishnayya. The mortgagees filed a suit O.S. No. 62 of 1941 on the file of the sub-Ordinate Judge, Vijayawada, to enforce the mortgage against Rattayya and his undivided minor son. His minor son was represented by his mother as guardian. It would appear that after the execut...
Maduri Motors Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-05-1961
Reported in: [1962]13STC673(AP)
C.J. Narasimham, J.1. This is an application for the review of an order dated 5th January, 1960, passed by the Bench in T. R. C. No. 46 of 1959 confirming the order of the Sales Tax Appellate Tribunal made in Tribunal Appeal No. 443 of 1957 and dismissing the revision.2. The petitioner herein, Maduri Motors, Secunderabad, was a dealer in motor trucks and chassis as the authorised agent of M/s. Tata Engineering Works, Jamshedpur, for the year of assessment 1955-56. He claimed a deduction of Rs. 29,565-3-3 from the gross turnover under Rule 8(i)(g) of the Hyderabad General Sales Tax Rules, 1950, as transport charges for the trucks and chassis sold at Secunderabad. The said claim for deduction was not conceded by the Sales Tax Authorities. The Sales Tax Appellate Tribunal has, by its order dated 21st December, 1957, rejected the said claim for deduction. The petitioner-dealer preferred a revision to this Court. By an order dated 5th January, 1960, this Bench did not accede to the contenti...
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