Andhra Pradesh Court April 1962 Judgments
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Dildar HussaIn and anr. Vs. State of Andhra Pradesh Through Secy. Educ ...
Court: Andhra Pradesh
Decided on: Apr-13-1962
Reported in: AIR1963AP116
ORDERP. Chandra Reddy, C.J.1. This is a revision against the order of theChief Judge, City Civil Court, permitting the defendant --the State of Andhra Pradesh -- to file written statementafter the time fixed for the purpose had expired.2. The suit was Instituted by the Petitioners on 27-1-1960. After service of notice, the defendant was required to file written statement on or before 10-8-1960. On that date, a request was made on Behalf of the Governmentto grant further time to file written statement but tills was refused and the case was posted to trial to 24-9-1960. Within a few days thereafter, the defendant made an application for leave to file written statement supported by the affidavit of the Government Pleader setting out the-reasons for the delay in tiling, the written statement. It was alleged in that affidavit inter alia that the written statement could not be filed till then as the subject-matter or the suit pertained to the erstwhile Hyderabad State and the several files p...
Chand Sultana Alias Indra Bai Vs. Khurshid Begum and ors.
Court: Andhra Pradesh
Decided on: Apr-13-1962
Reported in: AIR1963AP365
Chandra Reddy, C.J. 1. This is an appeal against the order of the Chief Judge, City Civil Court, Hyderabad, declining to grant a temporary injunction restraining the respondents herein from receiving or taking delivery of all or any of the plaint schedule properties either moveable or immoveable, or to receive any amounts from the Receiver-cum-Commissioner appointed in C. S. No. 13 of 1958 on the file of the High Court pending disposal of the suit O. S. No. 23 of 1961 on the file of the City Civil Court, Hyderabad. 2. The application was made under Order 39, Rule 2 pending a suit brought by the appellant in forma pauperis claiming to be the daughter of the Nawab Mir Yousuf AH Khan popularly known as Sir Salar Jung III (hereinafter to be referred to as the Nawab) for a declaration that she is the legitimate daughter of the said Nawab and for possession of his assets and properties. 3. Sir Salar Jung III died on 22-3-1949 leaving behind him enormous private properties and a big jagir whi...
Mancherla Narasimham Vs. Mahabubunnissa Begum
Court: Andhra Pradesh
Decided on: Apr-12-1962
Reported in: AIR1963AP24
1. The above revision petition has been referred to a bench at the instance of our learned brother Satyanarayana Raju, J., who felt that there was an apparent conflict between the views represented by the decision in Sreenivasa Rao v. Adbul Rahim Saheb, 1956-2 Mad LJ 189 : (AIR 1956 Mad 618) and Nainumal v. Subba Kao, 1957-2 Andh WR 53 : ( (S) AIR 1957 Andh Pra 546) (FB).2. The facts relevant for the disposal of this revision petition may be stated briefly: The plaintiff borrowed a sum of Rs. 2,500/- on 24-12-1951, from the defendant, Kancherla Narasimbam, and executed a mortgage to secure repayment of the said sum stipulating to pay an interest of 12 per cent per annum. On 26-12-1951 the plaintiff borrowed from the defendant a sum at Rs. 1,500/,-and executed a promissory note in his favour agreeing to pay 12 per cent interest per annum. On 12-2-1954, the plaintiff sent a sum of Rs. 1,100/- by bank draft towards the promissory note, which was credited to the principal due-thereunder. O...
Ravu Venkata Surya Rao Vs. Ravu Venkata Rao and ors.
Court: Andhra Pradesh
Decided on: Apr-11-1962
Reported in: AIR1963AP286
Kumarayya, J.1. This appeal arises out of a proceeding under Section 20 of the Arbitration Act (Act X of 1940) initiated by the respondents, the real brothers of the appellant.2. The facts leading to the said proceeding may be shortly stated. In an action, i.e., O. S. No. 98 of 1950 for partition of joint family properties laid by the appellant against the respondents in Sub Judge's Court, Kakinada, the parties eventually filed an agreed memo and a preliminary decree followed in terms thereof on 21-11-1950. The decree provided for partition and enjoyment of the properties into four equal shares. It also provided that the liabilities of the family agreed upon as per the list signed by all parties and kept with the plaintiff shall be borne in equal shares by all the four brothers. There was further a clear stipulation in paragraph 5 of the decree that in case the parties failed to work out their rights according to the terms stated in the decree within four months from the date of the de...
Khamji Vishram and Co., Represented by Its Managing Partner Lakshmidas ...
Court: Andhra Pradesh
Decided on: Apr-04-1962
Reported in: AIR1963AP29; [1962]13STC779(AP)
Satyanarayana Raju, J.1. This revision case raises a question as to the interpretation of Section 8(2) of the Central Sales Tax Act (hereinafter referred to as 'the Central Act').2. The material facts are not in dispute. The petitioners are registered dealers under the Central Act. During the period from October 24, 1957 to November 11, 1958, which is their year of account their turnover of inter-State sales of cotton amounted to Rs. 8,17,462-05 of which a turnover of Rs. 50,705-47 was covered by C. forms. A notice issued by the assessing authority to the petitioners proposing assessment at 1 per cent on the turnover covered by C form and at 2 per cent on the balance of the turnover, elicited a reply from them that as the purchase value of cotton had been assessed under the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as the 'the State Act') their turnover of sales should not be assessed under the Central Act. The assesees' contention was negatived on the ground ...
In Re: Talapula Obula Naidu and ors.
Court: Andhra Pradesh
Decided on: Apr-03-1962
Reported in: 1964CriLJ78
Munikanniah, J.1. The six appellants were charged for the murder of Singam Munireddy on 4th February, 1960, about 5.30 P. M. and tried by the Additional Sessions Judge, Cuddapah who found them guilty if the charges as framed and sentenced each are used to life imprisonment on the charge of murder and also to three years rigorous imprisonment on the count under Section 148 Indian Penal Code.2. It may be mentioned at the outset that each of the appellants was convicted twice over for the same murder as the learned Additional. Sessions Judge thought fit that they could be found guilty once under Section 302 read with Section 34, I.P.C., and also under Section 302 read with Section 149 I.P.C. Though the learned. Judge thus sentenced each accused to separate sentences of imprisonment for life he ordered these sentences of imprisonment for life and also that of three years rigorous imprisonment to run concurrently. There fore, whatever might be the result of this appeal it may safely be pred...
K.M. Ramaswami Chetti and ors. Vs. P.K. Lakshmamma (Died) and ors.
Court: Andhra Pradesh
Decided on: Apr-03-1962
Reported in: AIR1963AP199
Umamaheswaram, J. 1. I agree with the conclusion of my learned brother that on a true construction of Section 3, Subsections (2) and (3) of the Hindu Women's Right to Property Act (XVIII of 1937), hereinafter referred to as 'the Act', the properties which fell to the share of the widow on partition devolved on her husband's heir i.e., her daughter. As regard the construction of Section 3 (2) and (3) of the Act, there are three different points of view expressed in the decided cases. The conservative or orthodox point of view was expressed by Venkatarama Ayyar. J. delivering the judgment of the Division Bench in Subba Rao v. Krishna Prasadam. : AIR1954Mad227 . According to the learned Judge, the widow takes a Hindu Woman's estate and on her death the right of ourvivorship which was in abeyance comes into operation, and that the heirs of her husband are not entitled to take the properties by succession. A liberal or benevolent interpretation was given by Viswanatha Sastri in Radha Ammal ...
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