Andhra Pradesh Court November 1963 Judgments
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Maria Munnisa Begum Vs. Noore Mohammad Saheb
Court: Andhra Pradesh
Decided on: Nov-28-1963
Reported in: AIR1965AP231
(1) These two appeals arise out of O. S. Nos. 52 of 1955 and 45 of 1956 on the file of the Subordinate Judge's Court, Bapatla. The appellant was the plaintiff in both the suits. The first suit was for recovery of the value of 39 tolas of gold which was alleged to be the mahar due to the plaintiff from her husband, who divorced her on 7-6-1955, and also for recovery of Jewels worth Rs. 5,000/- and wrist watch worth Rs. 6,00/-. The parties are Muslims. The plaintiff, who was about 18 years old, was married to the defendant-respondent on 4-5-1955 at Bapatla where her sister resided with her husband (P. W. 3) The day after the marriage, the defendant-respondent took the plaintiff to Pondicherry. On his way, he stopped at Hyderabad for about three days. After reaching Pondicherry, the husband and wife lived there for about two weeks. On 27-5-1955, the plaintiff's sister and her husband (P. W. 3) went to Pondicherry with the object of taking the plaintiff back to Bapatla for making the custo...
B.K. Mathrani and anr. Vs. Mahamed Galib and anr.
Court: Andhra Pradesh
Decided on: Nov-28-1963
Reported in: AIR1964AP338
Satyanarayana Raju, O.C.J.1. These two revision cases raise an identical question for determination and can be conveniently disposed of in a common order.2. In both the revisions, petitions for eviction were filed by the landlords against their respective tenants under Section 7 of the Madras Buildings (Lease and Rent Control) Act (XXV of 1949) (hereinafter referred to as the repealed Act). After the Rent Controller disposed of the applications, the unsuccessful parties preferred appeals-to the Subordinate Judge's Court, Visakhapatnam. In one of the cases, the party filed a revision before the District Court, Visakhapatnam, under Section 12-B of the repealed Act. In the-other case, a revision was filed in the High Court against the appellate Order of the Subordinate Judge.3. It may be mentioned that even during the-pendency of the applications for eviction before the Rent Controller the Andhra Pradesh Buildings (Lease, Rent and Eviction Control) Act, (XV) of 1960) (hereinafter referred...
Morisetty Bhadraiah and ors. Vs. the Sales Tax Appellate Tribunal
Court: Andhra Pradesh
Decided on: Nov-28-1963
Reported in: [1964]15STC787(AP)
ORDERGopal Rao Ekbote, J.1. The question which essentially requires to be answered in this enquiry is whether it is necessary for a dealer to deposit the amount of penalty under Sub-section (6) of Section 21 of the Andhra Pradesh General Sales Tax Act (No. VI of 1957), hereinafter called ' the Act' in order to make the appeal entertainable. Section 21 as far as it is relevant for the present purpose is in the following terms:-21. (1) Any dealer objecting to an order passed or proceeding recorded-(a) by any prescribed authority on appeal Under Section 19, or(b) by a Deputy Commissioner suo motu under Sub-section (2) of Section 20,may appeal to the Appellate Tribunal within sixty days from the date on which the order or proceeding was served on him. * * *(6) No appeal shall be entertained under Sub-section (1) unless it is accompanied by satisfactory proof of the payment of the taxs determined in any appeal Under Section 19, or in revision Under Section 20, or of such instalments thereof...
i. Satyanarayana, Manager, Bhuvaneshwari Rice Mill, Panpadiguda, Guntu ...
Court: Andhra Pradesh
Decided on: Nov-27-1963
Reported in: AIR1964AP392; [1964(9)FLR373]; (1965)ILLJ48AP
Satyanarayana Raju, Offg. C. J. 1. This is an appeal from the judgment of our learned brother Sanjeeva Row Nayudu J., which confirmed an order of the Commissioner for Workmen's Compensation.2. The facts which have given rise to this appeal are these : One Nagendram was worker in a rice mill belonging to the appellant. He met with an accident on the 7th March 1959 while he was returning from the railway station after unloading the rice bags. As he was pulling the cart along the public road, a lorry dashed against him and he died on the spot. The father of the deceased preferred a claim for compensation under the Workmen's Compensation Act (8 of 1923) for a sum of Rs. 3,000. The Commissioner held that the workman died as a result of an accident while he was employed and that he was entitled to a sum of Rs. 1,350.3. This award of compensation was confirmed on appeal by our learned brother.4. The short point which arises for determination in this appeal is whether the case comes under Sect...
Public Prosecutor Vs. Shaik Ibrahim and ors.
Court: Andhra Pradesh
Decided on: Nov-26-1963
Reported in: AIR1964AP548; 1964CriLJ636
Basi Reddy, J. 1. This is an appeal by the State Government against the acquittal of the seven respondents in Sessions Case No. 32 of 1961 on the file of the court of Sessions, Warangal Division. The seven respondents who figured as Accused-1 to 7 respectively and will be referred to as such in the course of this judgment, are:1. Shaik Ibrahim (Accused) 2. Syed Hasan Ali (Accused-2) 3. C. Janardhanrao (Accused-3) 4. G. Satyanarayanarao (Accused-4) 5. Ahmed Ali (Accused-5) G. K. Narasimhamurthy (Accused-6) and 7. K. Ramaiah (Accused-7).2. The accused were all members of the police force, and at the material time Accused-1 was the Circle Inspector. Accused-2 and 3 were the Sub-Inspectors and Accused-7 was a police constable attached to the Central Crime station, Warangal. Accused-4 was the Sub-Inspector and Accused-5 and 6 were the police constables Nos. 957 and 885 respectively attached to the Mathwada police station. Both the Central Crime Station and the Mathwada Police Station were l...
V.V. Subbarao Vs. Mohammad HussaIn Khan
Court: Andhra Pradesh
Decided on: Nov-22-1963
Reported in: AIR1964AP395
ORDERGopal Rao Ekbote, J.1. This revision petition is directed against an order of the Subordinate Judge, Guntur given on 23rd March, 1963. The respondent who is the decree-holder Sled an execution petition for the realisation of the decretal amount. He sought the attachment of the salary of the judgment-debtor who is admittedly not a public servant, but a private servant. The judgment-debtor took an objection in the Court below that his salary cannot be attached under Section 60(i) of the Civil Procedure Code in advance. Rejecting that contention the Subordinate Judge held that the attachment takes effect and will be operative only with reference to the actual date of payment as the deduction is only made on the date of payment. It is this view of the Subordinate Judge which is assailed before me.2. The contention of Mr. Dhanvrbhanudu, the learned Counsel for the petitioner, is that in view of the language of Section 60(i) read with the first explanation to that section anticipatory a...
Parimilla Rajalingam Vs. Akuthota Lingayya and anr.
Court: Andhra Pradesh
Decided on: Nov-18-1963
Reported in: AIR1964AP308
Anantanarayana Ayyar, J.1.Akuthota Lingaiah filed O. P. No. 55 of 1961 in the Court of the District Judge, Warangal, praying for a decree of divorce against his wedded wife, the first respondent, by dissolution of marriage, for damages of Rs. 500/- against the second respondent and for custody of his male child, Basva Raju, aged about three years after removing the child from the custody of R-1. Respondents 1 and 2 contested tho petition after filing separate counters. Both sides let in evidence. The learned District Judge awarded a decree of divorce with costs which were recoverable from both the respondents. He also directed the second respondent to pay Rs. 500/- as damages and directed the child, iiasva Raju, to be put in the custody of the petitioner. R-2 filed C.M.A. No. 107 of 1962 and R-1 filed C. M. A. No. 110 of 1962 against the order of the lower Court. Both the appeals, being against a common judgment, were heard together by common consent.2. For the sake of convenience, the...
K. Raja Gopalareddy and ors. Vs. E. Kumaraswamy Reddy and ors.
Court: Andhra Pradesh
Decided on: Nov-18-1963
Reported in: AIR1964AP318
Ekbote, J.1.This is an appeal from a judgment of Seshachalapathi, J., given on 31st August, 1962. The facts which give rise to this appeal are that the Block Planning and Development Committee of the Nayudupeta Block could not arrive at a decision as to where the Primary Health Centre should be located. That Committee therefore left it to be decided by the statutory Panchayat Committee which was to be formed under the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 35 of 1959, hereinafter called the Act. We are not concerned with the previous history of this controversy. It is sufficient to say that the Nayudupet Panchayat Samithi came into existence with effect from 1-11-1959. At its meeting held on 30-1-1960 the Panchayat Samithi by a majority of 23 votes to 9 resolved that the Primary Health Centre should be located at Doravarisathram. The resolution was thereafter forwarded to the Government. The writ petitioner who was the President of Mallam Panchayat Board represented...
Sowdagar Ahmad Khan Vs. Income Tax Officer, Nellore
Court: Andhra Pradesh
Decided on: Nov-18-1963
Reported in: AIR1964AP443
Chandra Reddy, C.J.1. The relief claimed in all these petitions under Article 226 of the Constitution is the issuance of aWrit of Prohibition directing the Income-tax Officer, Nellore, to forbear from proceeding further in pursuance of the notice dated 5-9-1959.2. All these petitions raise a common question relating to the interpretation of Section 34 of the Indian Income-tax Act. The petitioner is the same and hence these petitions could be disposed of in one judgment.3. The facts material for the purpose of this enquiry may be briefly narrated. The petitioner carries on business in the exhibition and distribution of films and also owns a cinema theatre called New Talkies in Nellore. Assessments for the years 1943-44 to 1949-50 were made between 1944 and 1950. In the course of the assessment for the assessment year 1957-58, the assessing authority seems to have defected that several cash credits in the names of the petitioner's near relations appeared to be bogus. Further investigatio...
Y. Aswathanarayana and ors. Vs. the Deputy Commercial Tax Officer and ...
Court: Andhra Pradesh
Decided on: Nov-18-1963
Reported in: [1964]15STC795(AP)
Gopal Rao Ekbote, J.1. The question which must be essentially answered in this enquiry is whether the word 'miller' used in column (2) of item 3-C in Schedule IV of the Andhra Pradesh General Sales Tax Act, 1957, introduced in accordance with the Amendment Act 26 of 1961, means only the oil miller or takes within its meaning a decorticating miller also.2. The facts are short and simple and are not at. all in dispute. The petitioners in this batch of writs are dealers in groundnut. They decorticate in their mills the groundnut and sell the kernel to dealers both within and without the State. These petitions urge that after the Amending Act 26 of 1961 the word 'miller' used in the abovesaid provision means only an oil miller who crushes the kernel of groundnut and produces oil. That provision does not take within its meaning a decorticating miller.3. In order to appreciate the merits of this contention it is necessary to mention the antecedents of this provision. Under the Madras General...
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