Andhra Pradesh Court April 1962 Judgments
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In Re: Patthi Srinadham and ors.
Court: Andhra Pradesh
Decided on: Apr-20-1962
Reported in: AIR1963AP18
ORDERAnantanarayana Ayyar, J.1. On 16-1-61, Srinivasachari, J. pronounced Judgment in S. A. No. 209 of 1957 dismissing the appeal with costs. In that judgment, the learned Judge stated in the end 'No leave' which obviously means that he refused leave to the appellants-plaintiffs to file a Letters Patent Appeal against that decision. The two appellants filed S.R. No. 5072 of 1961 praying for review of that order of Srinivasachari, J. so far as that portion of the judgment 'No leave' is concerned. The office raised an objection saying that no review lay against 'No leave' in a judgment of the Court; thereupon, this matter was heard by me.2. The questions that arise for consideration are:--(1) Whether a review lies in law against an order of 'No leave' by which leave was refused for filing a Letters Patent Appeal? 2. If review lies, whether the order of 'No leave' by Srinivasachari in S. A. No. 209 of 1957 dated 16-1-1961 has to be reviewed? POINT NO. I :- The contention of the learned Ad...
Tatha Ramabhadhra Somayajulu and anr. Vs. Korada Appalaswamy and ors.
Court: Andhra Pradesh
Decided on: Apr-20-1962
Reported in: AIR1964AP138
Venkatesam, J. 1. These three Civil Revision Petitions raise a question of interpretation of Sections 9-A and 19-A of the Madras Agriculturists Relief Act, IV of 1938, (hereinafter referred to as 'Act'). In view of the conflicting decisions, our learned brother Sharfuddin Ahmad, J., directed their being posted before a Bench.2. C.R.P. No. 221 of 1953 is a revision against the order in O.P. No. 17 of 1957, while C.R.P. No. 222 of 1958 is against the order in O.P. No. 52 of 1956, on the file of the District Munsif's Court, Parvathipuram.3. O.P. No. 17/57 was a petition filed under Sections 9-A and 19-A of the Act, alleging that the Petitioners, mother and brother, and the adoptive father of the 2nd petitioner executed a usufructuary mortgage-deed dated 23-8-1905 for Rs. 1,700/- in favour of the father of the 1st Respondent, father of the 2nd respondent, and father of respondents 3 to 5, father of respondents 6 to 9, and the husband of the 10th respondent. As more than thirty years elapse...
Sathi Sattemma Vs. Sathi Subbi Reddy and anr.
Court: Andhra Pradesh
Decided on: Apr-20-1962
Reported in: AIR1963AP72
Kumarayya, J.1. These two Letters Patent Appeals are from the judgment of our brother, Srinivasachari, J. in S. A. Nos. 734 of 1956 and 19 of 1957 which arose out of O. S. Nos. 332 and 333 of 1953. The parties to both the suits are the same and are related to each other. Defendant No. 1 is the son of defendant No. 2 who is no other than the plaintiff's father's sister's son. The reliefs claimed in both the suit are similar, to wit, setting aside the deeds executed by the-plaintiff. In O. S. No. 332 of 1953 the plaintiff seeks la set aside the settlement deed dated 2-7-1952 execute by her in respect of a house and in O. S. No. 33 of 195i she seeks to set aside a relinquishment deed dated 3-12-1951 as regards her life interest in two items of property of which one is a site 112 sq. yards in area with a thatched' house thereon in Pentapadu agraharam and the other is an arable land Ac. 1-64 in extent situate in Polumuru village.2. The facts, according to the plaint allegations are these:--...
HussaIn Ali Mirza Vs. State of Andhra Pradesh, Represented by Secretar ...
Court: Andhra Pradesh
Decided on: Apr-20-1962
Reported in: AIR1963AP164
1. The question that arises for determination in this appeal is whether a suit under Section 6 of the Government Demands Act (No. IV of 1308 F.) is maintainable though the notice prescribed by Section 80 Civil Procedure Code is not given by the plaintiff to the Government. The question arises under the following circumstances.2. The appellant was the plaintiff in this suit which was dismissed by the lower Court as not maintainable for the reason that the notice under Section 80 Civil Procedure Code was not given to the State of Andhra Pradesh who is the defendant in the case. The allegations in the plaint are that one Ahmad Abdul Hakim was awarded an Indian Scholarship for studying medicine in Bombay for a period of 31/2 years and that he entered into an agreement with the then Government of Hyderabad on 22-9-1925. The plaintiff stood surety for him and executed a surety bond dated 23-9-1955 in favour of then Government of Hyderabad. The scholarship holder completed his course of study...
G. Baliah Setty, B. Satyanarayana and Co. Vs. the State of Andhra Prad ...
Court: Andhra Pradesh
Decided on: Apr-20-1962
Reported in: [1962]13STC726(AP)
1. This is a petition under Article 226 of the Constitution for the issue of a writ of certiorari or any other appropriate writ calling for the records pertaining to the Notification No. 112, G.O. Ms. No. 566, Revenue, dated nth March, 1960, and quash the same, and pass such other order or orders as this Court may deem fit and proper in the circumstances of the case.2. The relevant facts may briefly be noticed. The petitioners are a registered partnership firm doing business under the name and style of G. Baliah Setty, B. Satyanarayana and Company. They export ghee on a large scale to States outside Andhra Pradesh. The course of business adopted by them was to purchase ghee from dealers who purchased butter and converted it into ghee. The petitioners are the last purchasers of ghee in the State, and it is the petitioners' case that their vendors had already paid sales tax on their purchase turnover relating to butter, and, therefore, the ghee purchased by them cannot be subject to sale...
Duvvuri Rami Reddi Vs. Duvvudu Papi Reddi and ors.
Court: Andhra Pradesh
Decided on: Apr-20-1962
Reported in: AIR1963AP160
Venkatesam, J.1. This is a petition under Section 115 of the Civil Procedure Code, to revise the order of the learned Subordinate Judge Nellore, on I. A. No. 449 of 1959 in O.S. No, 73 of 1959 on his file. That application was filed under Order 32, Rule 15 of the Code of Civil Procedure to adjudge that the plaintiff is of unsound mind, and as such incapable of protecting his interests, and to appoint his daughter, Pelluru Rangamrna, as his next friend.2. The relevant facts may briefly be stated. O. S. No. 73 of 1959 was filed by one Duvvuri Rami Reddi, Who was described as being of unsound mind, and represented by next friend and daughter, Pelluru Rangamma, for a partition of the properties set out in Schedules A to E into two equal shares, and allotment of one such share to the plaintiff, and for future profits and other reliefs.3. It was alleged in the plaint that the plaintiff and the first defendant are brothers and sons of one Ranga Reridi. The plaintiff has no sons, and has five ...
G. Rami Reddy Vs. State of Andhra Pradesh Represented by Secretary, Lo ...
Court: Andhra Pradesh
Decided on: Apr-20-1962
Reported in: AIR1963AP212
ORDERBasi Reddy, J.1. This case brings to light an instance of a Municipal Council misusing its powers to help a private individual at the sacrifice of public revenue and when, at long last, the Municipal Council tried to rectify its mistake and set matters right, the State Government preventing it from doing so by unwarranted interference from above.2. This writ petition has been filed by a ratepayer of the Municipality in question for an appropriate writ under Article 226 of the Constitution directing the authorities to act in accordance with law.3. The following facts, leading up to the filing of the writ petition, speak for themselves: The Municipality of Cuddapah owns a theatre known as Muddukrishna Theatre centrally situated within the Municipality. For a very long time, the theatre was being leased out by public auction. The last public auction was held on 11-10-1951. On that occassion, the 3rd respondent (R. V. Parthasarathy Prasad) was the highest bidder; the bid amount was Rs...
State of Andhra Pradesh Vs. Vauhini Pictures Private Ltd.
Court: Andhra Pradesh
Decided on: Apr-17-1962
Reported in: [1962]13STC847(AP)
Munikanniah, J.1. The State of Andhra Pradesh has filed this tax revision case against the decision of the Sales Tax Appellate Tribunal allowing from the gross turnover of a deduction of Rs. 1,261-07 nP. as in their view it represented the sale price of the publicity material returned by the exhibitors to the assessee.2. The facts are in a narrow compass and are not also in dispute. Vauhini Pictures Private Ltd., Vijayawada, is engaged in the business of distribution of the cinematograph films. In the course of their business, that company supplied publicity materials for the use of the exhibitors. Some of the publicity materials so sold to the exhibitors in the year 1957-58 were actually returned in 1958-59 and the sale price of the same had been refunded by the assessee namely, Vauhini Pictures Ltd., Vijayawada, to the purchasers. This claim which has been so put forward by the assessee was rejected by the Deputy Commercial Tax Officer, Vijayawada, and the same was approved by the De...
S.M. Hadi Abedi and ors. Vs. Commissioner of Income-tax, Andhra Prades ...
Court: Andhra Pradesh
Decided on: Apr-16-1962
Reported in: AIR1963AP324; [1965]58ITR840(AP)
ORDERSatyanarayana Raju, J.1. This is a petition, under Article 225 of the Constitution praying for a writ of mandamus directing the Commissioner of Income-tax, Andhra Pradesh, to permit the petitioners to appear for the Income-tax Inspectors' Examination which was to be held on the 6th and 7th of February, 1962, at Hyderabad.2. The facts on which the present petition is based are these : The petitioners, 9 in number are Graduates some of the Andhra University and the others of the Osmania University. They are at present employed in the Income-tax Department in various capacities.3. By a notification, dated 30-10-1961, issued by the Ministry of Finance, Government of India, persons eligible to apply and possessing the prescribed educational qualifications were invited to appear for the examination to be held by the Directorate of Inspection (Income-lax) in 1962 for selection of candidates for appointment to the posts-of Inspectors of Income-lax. Pursuant to the notification, the petiti...
M. Bhaskara Rao Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Apr-16-1962
Reported in: AIR1963AP357; (1962)IILLJ647AP
Munikanniah, J. 1. This writ petition, having been referred by one of us to a Bench, has come up for hearing before as. The petitioner impugns G. O. Ms. No. 2454 Revenue Department dated 26-11-1959 (sic) of the Government of Andhra Pradesh and prays that the same may be quashed. 2. The facts leading to the filing of this petition under Article 226 of the Constitution may be briefly set out: The petitioner was entertained in service in the composite State of Madras in the year 1937 as a clerk in the Revenue Department. Thereafter, after he had put in five years of service in the Commercial Taxes Department to which he was transferred, he was put on probation as an Assistant Commercial Tax Officer till 24-7-1952. The prescribed period of probation for appointment as a full member of that service was two years. According to Rule 13(b) of the Commercial Taxes Subordinate Services Rules, he was required to pass the tests specified under Rule 6(c) of the said rules within the period of his p...
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