Andhra Pradesh Court January 1964 Judgments
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Bansilal S. Patel Vs. State of Andhra Pradesh and ors. Overruled
Court: Andhra Pradesh
Decided on: Jan-31-1964
Reported in: [1964(9)FLR355]; (1965)ILLJ28AP; (1965)ILLJ28SC
Ananthanarayana Ayyar , J. (1) The relief asked for in each of these writ petitions is to call for the records in G. O. Ms. No. 1199 (Home) Labour II dated 30-6-1962 and to quash the same by issuing a writ of certiorari or any other appropriate Writ, order or direction in the nature of a Writ. W. P. No. 735 of 1962 was filed by Bansilal s. Patel, Proprietor of Kamala Beedi Works, Donekonda as sole petitioner against three respondents. Of them the first respondent is the State of Andhra Pradesh ; the second respondent is the Beedi Workers Karmika Sangham, Karimnagar represented by its General Secretary ; and the third respondent is the Beedi Mazdur Sangh, Nizamabad represented by its President. In W. P. No. 746 of 1962 the respondents are the same as in W. P. No. 735/ 1962. In each of the other writ petitions the State of Andhra Pradesh is the sole respondent. In W. P. No. 746 of 1962 there are 29 petitioners including various concerns engaged in the manufacture of beedies including M/s...
Commercial and Industrial Bank Ltd., Gunfoundry Through Manager Viswan ...
Court: Andhra Pradesh
Decided on: Jan-24-1964
Reported in: AIR1966AP246
Chandrasekhara Sastry, J.1. The above appeal and the Memorandum of cross-objections are filed against the judgment and decree in O. S. No. 58/1 o( 1955 on the file of the Second Additional Judge 'City Civil Court, Hyderabad.2. The plaintiff, the Commercial and Industrial Bank Ltd.. is the appellant in this ap peal. The suit was filed to recover I. G. Rupee 5,078-0-7 equivalent to H. S. Rs. 5,927-6-0 from the defendants. The plaintiffs case is shortly as follows. The plaintiff is a limited bank The defendants dealt in shares for which they required money from time to time. They arranged for overdraft accounts in I. G. and H. S currency in the plaintiff-bank agreeing to pay interest at 6 per cent per annum on the overdraft amounts.As security for the amounts thus drawn, the defendants used to deposit shares of differed companies from time to time and also used to take back the shares by making payments. On 28-1-46, the defendants paid the balance due under the O. S, overdraft account and...
Firm of Nainsukhdas Baldeodas and anr. Vs. Assistant Collector, Vizian ...
Court: Andhra Pradesh
Decided on: Jan-24-1964
Reported in: AIR1966AP272
ORDERGopal Rao Ekbote, J.1. This is an application under Article 220 of the Constitution questioning the legality of the order passed by the Assistant Collector on 17-10-1960. It arose in the following circumstances: The property in question was mortgaged. The mortgagee instituted a suit O. S. No. 193 of 1938 and obtained a decree for sale on 24-2-1942. A receiver seems to have been appointed on 5-8-1948. That receiver gave the lands in question on lease for one year at an annual rent of Rs. 400 to the respondent. That amount was to be paid in two instalments, one by September, and the other by December. The first receiver appointed subsequently died and one Rajeswara Rao was thereupon appointed as the receiver. The receiver obtained permission to privately sell the land on 2-12-1954 from the concerned Court in pursuance of which the receiver called for tenders. As the tender of the petitioner was the highest, it was accepted with the permission of the High Court on 6-2-1958. The requi...
Janga Reddy Vs. Hafezunnisa Begum
Court: Andhra Pradesh
Decided on: Jan-23-1964
Reported in: AIR1965AP17; 1965CriLJ8
ORDER(1) The question that requires consideration in this C. R. P. is whether the provisions of Sec. 141 C. P. C. are attracted to a reference made by the criminal court under Sec. 146 Cr. P. C. to a civil Court.(2) It appears that in the court of the 8th City Magistrate proceedings were instituted under Sec. 145 Cr. P. C. The criminal Court was unable to arrive at a conclusion on the question of possession and therefore made a reference to the City Civil Court under Sec. 146 of the Cr. P. C. for a finding thereon. After the records were received, the petitioner filed an application under O. 19 R.2 C. P. C. praying for the production of all the deponents whose affidavits have been filed by the other side for cross-examination. That application was allowed. Thereupon another petition was filed for reviewing the said order. It was dismissed and when the matter went in revision to the High Court, while dismissing the said petition, it was observed that it was open to the petitioner to rai...
Ratan Lal and anr. Vs. Commercial and Industrial Bank Ltd. and ors.
Court: Andhra Pradesh
Decided on: Jan-23-1964
Reported in: AIR1965AP349
Chandrasekhara Sastry, J.(1) These two appeals are against the decree in O. S. No. 173 of 1958 on the file of the City Civil Court, Hyderabad . The Commercial and Industrial Bank Ltd ., is the plaintiff. There are seven defendants in the suit. The suit is filed to recover a sum of H. S. Rs. 22,0606-8-0, which is equivalent to I. G. Rs. 18,908-14-6 from the defendants. The plaintiff's case is that on 29-7-46, the defendants borrowed. I. G. Rs. 25,000/- from the plaintiff bank promising to pay the same with interest at 1% per month and executed a promissory note and a receipt making themselves jointly and severally liable for the amount. In a paragraph 5 of the plaint. it is alleged that the defendants paid certain on several times, the last payment being made on 18-1-51, and the balance due as per the extract of the loan account filed with the plaint being Rs. 18,908-14-6. In paragraph 7 of the plaint it is stated that, as the last payment was made on 18-151 and some letters have been s...
Lloyds Commercial Corporation Vs. Veeravilli Satyanarayana and Satti R ...
Court: Andhra Pradesh
Decided on: Jan-23-1964
Reported in: AIR1966AP256
Gopala Krishnan Nair, J.1. This is a defendant's Second Appeal from the judgment and decree of the Subordinate Judge. Kakinada who, on appeal, reversed the decision of the District Munsif, Kakinada and decreed the suit of the plaintiff. The suit was for a stun of Rs. 2,229-13-9 which was made up of a principal sum of Rs. 1,840-2-1 and interest thereon at 12 per cent per annum. The plaintiff was the agent of the defendant for the sale of certain fertilisers in Kakinada District. The defendant was the representative of the then undivided Madras State in respect of these fertilisers. The agreement between the defendant and the plaintiff provided for payment of a sum of Rs. 10 as commission to the plaintiff for every ton of fertiliser sold by him. The plaintiff (agent) was to deposit a sum of Rupees 000 as 'agency deposit' with the defendant. He was also to deposit in advance (apart from the agency deposit) as security the approximate value of the fertilisers delivered to him for sale by t...
Chelamala Setti Adeyya Vs. Commissioner of Gift-tax.
Court: Andhra Pradesh
Decided on: Jan-23-1964
Reported in: [1964]54ITR339(AP)
CHANDRA REDDY C.J. - The question we are called upon to answer in this reference is formulated in these terms;'Whether the appeal of the assessee to the Appellate Assistant Commissioner not accompanied by the notice of demand as required by the rules, was not liable to be rejected as time-barred ?'The facts giving rise to this reference are shortly these :The assessee, an individual, had settled upon his undivided minor sons 54 acres 70 1/2 cents of agricultural land by a gift deed dated the 12th December, 1957. In response to a notice issued under section 13(2) of the Gift-tax Act, the assessee filed a return in the prescribed form, but claimed exemption of all the transactions amounting to Rs. 28,000 contending that the Gift-tax Act had no application to agricultural lands and that even otherwise there was no liability to pay tax on these transactions as they do not partake of the nature of gifts, since the properties were settled on his own dependent undivided minor sons. The proper...
Duddu Koteswara Rao Vs. Motumarru Sambiah and ors.
Court: Andhra Pradesh
Decided on: Jan-21-1964
Reported in: AIR1966AP252
Chandra Reddy, C.J. 1. The proper interpretation of Exs A. 1 and B. 1 is the subject matter of this appeal. The question that poses for consideration is whether the transaction evidenced by these two documents is a mortgage by conditional sale or an outright purchase. 2. The property in dispute is a house site and terraced rooms situate therein. The agreement to sell this property appears to have Been entered into on 16-7-1923 for a sum of Rupees 8,400 and the whole of the consideration paid at about the time; but the document of sale was not executed fill 2-8-1925, on the same day, the transferees executed an instrument agreeing to reconvey the property if the sum of Rupees 8,400 paid to the transferor was repaid to him with interest at 1 per cent per mensem. Under this document the option to repurchase was to be exercised between 2-2-1926 and 30-7-1927. The transferor did not avail himself of this right within the stipulated period. Nothing was done by him in this behalf till 7-2-195...
K. Venkatasubbamma and ors. Vs. K. Subba Rao Nuna Venkatarami Setti an ...
Court: Andhra Pradesh
Decided on: Jan-20-1964
Reported in: AIR1964AP462
ORDER1. These two revision petitions are from the order dated 10-10-1960 passed by the Subordinate Judge, Nellore in S. C. No. 160/1959. That suit was on the foot of a pronote elated 10-5-1951 executed by the 1st defendant and scribed and attested by two other partners of the firm 'Nune Venkatarami Setti and Company'. The pronote debt was contracted for the purposes of partnership business. A few payments were made by the partners towards the said pronote. One of the attestors Kochi Ramalingaiah, the father of defendants 7 and 8 and husband of 9th defendant died on 20-1-1955. With that the partnership stood dissolved in the eye of law. But its business nevertheless continued to be carried on by the managing partner. Even after the death of Ramalingiah, some payments were made towards the said pronote. These payments with which we are concerned for the purposes of the case were made by the 1st defendant who had also made endorsements on the pronote to that effect. These are Exs. A.8 and...
Shavax A. Lal and ors. Vs. Syed Masood HosaIn and ors.
Court: Andhra Pradesh
Decided on: Jan-17-1964
Reported in: AIR1965AP143
Satyanarayana Raju, Offg.C.J. (1) This appeal arises out of the order made by the Chief Judge, City Civil Court, Hyderabad, in 1 A. No. 447 of 1963, filed by the plaintiffs in O. S. No. 13 of 1963, under Order 40 Rule 1 of the Code of Civil Procedure, for the appointment of a Receiver and a Commissioner to manage and administer the affairs of H. E. H. The Nizam's Charitable Trust and also for interim suspension of the trustees pending suit. (2) The suit was filed by Sri Syed Massod Hussian and Sri Ram Singh Verma under Section 92 of the Code of Civil Procedure, after obtaining the sanction of the Advocate General. The defendants are: (1) Sri V. P. Menon, (2) Sri Shavax A. Lal; (3) Sir Ahmed Sayeed Khan, Nawab of Chattari; (4) Prince Mukarram Jah Bahadur; (5) Khan Bahadur C. B. Taraoporewala; and (6) Sri K. N. Anantharaman, I. C. S. It will be convenient to refer to the parties as they are arrayed in the suit. (3) Defendants 1 to 4 and 6 are the trustees of the Nizam's Charitable Trust,...
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