Andhra Pradesh Court September 1962 Judgments
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State of Andhra Pradesh Vs. Y. Chinna Reddi
Court: Andhra Pradesh
Decided on: Sep-14-1962
Reported in: AIR1963AP412
Satyanarayana Raju, J.1. The State has preferred this appeal against the judgment of our learned brother, Mr. Justice Jaganmohan Reddi, issuing a writ of Certiorari quashing the proceedings of the Government, dated the 3rd December, 1960, in Memorandum No. D-35789/59-21.2. For a proper appreciation of the contentions raised before us, it is necessary to set out the history of the service of the respondent in chronological sequence. He was appoined as an officiating clerk on July 23, 1940, by the Inspector of Salt, Kanuparti. He served in the Salt Department, though not continously, till June 14, 1941. Thereafter his services were transferred to the Factories Department where he completed his probation on December 2, 1942. He was thereafter appointed as an acting clerk in the Taluk Office, Sattenapalli, till he was appointed as an election revenue inspector in an officiating capacity on December 19, 1945. On August 6, 1949, he was promoted as an upper division clerk in the Collector's O...
Pasalapudi Brahmayya and anr. Vs. Teegala Gangaraju
Court: Andhra Pradesh
Decided on: Sep-13-1962
Reported in: AIR1963AP310
Chandrasekhara Sastry, J. 1. This Civil Revision Petition has been referred to a Bench of this Court by Narasimham, J., as it raises an important question as to the true interpretation of Section 74 of the Indian Contract Act and accordingly it has now come before us for decision.2. The petitioners entered into an agreement in writing with the respondent on 31-7-1954 for rendering him service as his farm watchmen for the year 1954-55. The respondent agreed to pay to the petitioners 162-1/2 kunchams of jonna grain and 225 kunchams of paddy for the year. The services were to be rendered by the 2nd petitioner and his younger brother, Koopaiah. They are the sons of the 1st petitioner. It is stipulated under the agreement that the 2nd petitioner and Koopaiah should hot absent themselves for a period exceeding 12 days in the year and that, if they absented them selves on more number of days, the 2nd petitioner should pay for the days he absented himself at the rate of Re. 1/- per day and Koo...
Mannem Venkataramayya Vs. M. Munnemma and ors.
Court: Andhra Pradesh
Decided on: Sep-13-1962
Reported in: AIR1963AP406
ORDERGopalrao Ekbote, J. 1. This is a revision petition filed against an order of the District Munsif of Chittoor, dated the 16th September, 1955. The facts which give rise to this petition are: Defendant I died on 28th December, 1954. A petition to bring the legal representatives of defendant 1 on record was filed. As a consequence of that petition, the two sons of the deceased were brought on record on 14th April, 1955. It was subsequently revealed that apart from the two sons, defendant 1 had left a widow. A petition therefore was filed on 14th June, 1955 to bring the widow of defendant 1 also on record as legal representative. This petition was opposed on the ground that it was time-barred. The learned District Munsif dismissed the petition holding that it was filed beyond the period of limitation.2. The order of the learned District Munsif cannot be sustained. When the two sons of the deceased were already brought on record, they represented the estate of the deceased and therefor...
Midathala Narayanappa Vs. Commissioner of Income-tax, Andhra Pradesh.
Court: Andhra Pradesh
Decided on: Sep-11-1962
Reported in: [1964]51ITR160(AP)
CHANDRA REDDY C.J. - (R. C. No. 33 of 1961). - The following questions have been referred to this court for its opinion under section 66 (2) of the Indian Income-tax Act :'1. Whether on the facts and circumstances of the case there is any material for holding that the family was in fact in existence on the date of the order of the penalty and2. Whether the penalty levied under section 28 (1) (c) is valid in law ?'The reference relates to the assessment year 1948-49, the accounting year being the year ended March 31, 1948. In quantum assessment, it was found by the concerned income-tax Officer that there was manipulation of accounts in forward contracts entered into by the assessee and that fictitious losses were claimed. The trading results were also shown to be very poor. So, the Income-tax Officer, Anantapur, issued notice under section 28(3) of the Income-tax Act calling upon the assessee to show cause why penalty should not be levied for concealment of income. An explanation was su...
Abdul Aleem Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-11-1962
Reported in: AIR1963AP441; 1963CriLJ497
P. Chandra Reddy, C.J.1. The validity of an order passed under Section 3(2)(c) of the Foreigners Act, (XXXI of 1946) as amended in 1957 is impugned before us.2. The petitioner migrated to Pakistan in January, 1952, and was employed as a Boiler attendant in one of the Jute Mills in Karachi (Pakistan) and also obtained a Boilers' Certificate from the Chief Inspector of Karachi. He came to India, in August, 1954, on a Pakistani Passport and obtained a temporary visa from the Government of India. It is not necessary for us to trace the circumstances under which he continued to remain in India without even obtaining extensions of the visa obtained by him from the Government of India. Suffice it to say that it was discovered recently that he remained in India without the necessary visa. A reference was then made to the Government of India under Section 9(2) of the Citizenship Act 1955, and the Government of India, after holding an enquiry and after affording adequate opportunity to the petit...
Sri Raghavendraswami Mutt at Nanjangud Vs. the State of Andhra Pradesh ...
Court: Andhra Pradesh
Decided on: Sep-06-1962
Reported in: AIR1963AP292
Chandra Reddy, C.J.1. W.P. No. 554 of 1959: - The legality of contribution demanded from Sri Raghavendraswami Mutt by the Commissioner Religious and Charitable Endowments, is brought in issue in this petition by the Matadhipathi of Sri Raghvendraswami Mutt situated in Mantralaya, Adoni Taluk, Kurnool District.2. We will refer briefly to events and circumstances out of which this litigation has arisen. For the first lime in the history of this institution, contribution was demanded by the Hindu Religious and Charitable Endowments Board (hereinafter referred to as the Board) on the 30th June, 1947, under Section 69 of Madras Hindu Religious Endowments Act (II of 1927), which is the ancestor of the provision of the law in the Endowments Act (XIX of 1951) (hereinafter called the new Act) which is impeached before us. Thereupon, the petitioner challenged the jurisdiction of the Board by initiating appropriate proceedings on pleas that the institution is not a mutt within the contemplation o...
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