Andhra Pradesh Court November 1964 Judgments
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Commissioner of Wealth Tax, Andhra Pradesh, Hyderabad Vs. N.V. Narendr ...
Court: Andhra Pradesh
Decided on: Nov-30-1964
Reported in: AIR1965AP447; [1967]65ITR579(AP)
Krishna Rao, J.(1) This is a reference under S. 27(1) of the Wealth Tax Act (27 of 1957) in respect of the assessment of the respondent for the assessment years 1957-58, 1958-59 and 1959-60. The question of law referred to us is 'Whether the status of the assessee was rightly determined as Hindu undivided family.' (2) The material facts are briefly these: The respondent, Shri N. V. Narendranath, furnished returns setting forth his net wealth for all the three years claiming the status of a Hindu undivided family. The other members of his undivided family and his wife and his two minor daughters, Pratima Devi and Manjula Devi. His father, N. V. Rangarao, was the holder of an impartible estate called 'Munagala Estate' in the District of Krishna in the State of Andhra Pradesh. The father had also inherited certain agricultural lands in the districts of Warangal and Nalgonda in the erstwhile State of Hyderabad. Between the years 1928 and 1938, the father purchased some agricultural lands i...
S. Naganna Vs. Krishna Murthy and anr.
Court: Andhra Pradesh
Decided on: Nov-26-1964
Reported in: AIR1965AP320; 1965CriLJ347
ORDER(1) The petitioner is Naganna who is a complainant in C. G, No. 17 of 1964 on the file of the learned Munsif-Magistrate, Narasipatnam. He has filed the revision petition to set aside the order of the learned Munsif-Magistrate dated 15-6-1964 rejecting a memo filed by him. (2) The relevant facts are as follows:-Naganna filed a private complaint against Krishnamurthy and Appa Rao, two police constables attached to Kottakota Police Station under S. 326 and S. 324 I. P. C. A. pleader filed appearance for the two accused constables. Subsequently, the A. P. P Grade 1 filed a memo dated 9-6-1964 as follows:- 'I am instructed by the Collector to defend the accused in this case. The accused are given state defence.' Subsequently, the complainant filed a memo dated 15-6-1964 in which he contended as follows:-'The above case is a private case and the allegation do not show that the accused did anything in course of their official capacity. The prosecutor (A. P. P. Grade 1) is appointed under...
indurthi Narasimharao Vs. Alladi Venkateswarlu and anr.
Court: Andhra Pradesh
Decided on: Nov-25-1964
Reported in: AIR1965AP346
ORDER(1) The short question that falls for determination in this revision is whether the plea of being an agriculturist set up by the petitioner herein is barred by the principle of constructive res judicata. It arises in the following circumstances.(2) A suit was instituted against the petitioner here in the year 1958 (O. S. No. 125 of 1958) on the file of the District Munsif, Warangal. It was decreed on 4-4-1960 for a sum of Rs. 4,750/- in terms of a comprise memo filed by the parties. The first E. P. was filed in 1962 and was closed on 25-4-1962 recording part-satisfaction on payment of Rs. 600/- The second E. P. No. 91/63 was filed on 24-6-1963 for the balance amount and prayer was included for the arrest of the judgment - debtor. petitioner herein. A notice was issued to the judgment - debtor who appeared on 24-71963 and filed an application for granting time to file a counter.In the counter he alleged that apart from the lands which were the subject matter of litigation he had no...
Kovuri Naramma Vs. Kovuri Kotamma and anr.
Court: Andhra Pradesh
Decided on: Nov-25-1964
Reported in: AIR1966AP28
Venkatesam, J.1. This appeal is preferred by the second defendant against the judgment and the decree passed by the learned Subordinats Judge, Narasaraopet on 29th July 1959 in O. S. No. 31 of 1958 making him liable along with the plaintiff to pay the costs of defendants 1 and 3.2. The facts have been fully set out in the judgment in A. S. 156 of 1961 which I delivered yesterday. It is clear from the evidence that the second defendant is also one of the legatees under the will, Ex. A. 1 dated 9-6-1934 alleged to have been executed by Padam Rangaiah. In fact she gave evidence in support of the plaintiff's case to the effect that she brought the scribe and the attestors to the will and that she was present at that time. The will has been found to be a fabrication by the learned Subordinate Judge, which finding I have accepted. The entire conduct of the second defendant shows that she was very much interested in putting forward the will and establishing its genuineness to the detriment of...
Vegunta Hanumayya Vs. Rajah Venkata Narasimha Apparao Bahadur and anr.
Court: Andhra Pradesh
Decided on: Nov-25-1964
Reported in: AIR1965AP439
Kumarayya, J. (1) Appeal No. 217 of 1961 arises out of O. S No. 25 of 1956 and Appeal No. 253 of 1961 out of O. S. No. 11 of 1956 on the file of the District Judge, West Godavari. Both the appeals though arising out of different suits, raise common points of law and fact. Both the suits are based on pronotes executed by 1st defendant, the father of defendants 2 and 3. The 1st defendant had borrowed Rs. 25,000 from Mothey Gangaraju and executed Ex. A. 1 on 9-10-1937. That note was renewed by him from time to time. The first renewal was in 1940 (Ex. A. 2) and thereafter in 1943 and 1946 (Exs. A. 3 and A. 4). The amount was payable with compound interest at 7 1/2 percent per annum. It may be noted at this very stage that the joint family of which the 1st defendant was the karta became divided even prior to the date of Ex. A. 3. But the promisee rested content with getting renewals from the 1st defendant alone. These renewals augmented both the principal and interest, After Ex. A. 3, Mothe...
Sri Rama Talkies, Vijayawada Vs. the Commissioner of Income-tax, Andhr ...
Court: Andhra Pradesh
Decided on: Nov-25-1964
Reported in: AIR1966AP187; [1966]59ITR63(AP)
Kumarayya, J. 1. The following two questions have been referred for decision under Sec-tion 66(1) of the Indian Income-tax Act, 1922: '1. Whether, on the facts and in the circum-stances of the case, the amount of Rs. 6,991 is allowable as a deduction in the assessment year 1959-60? 2. Whether, on the facts and in the circum-stances of the case, the amount of Rs. 15,275 is allowable as a revenue expenditure?' The facts raising these questions may be shortly stated: The assessee is a registered firm and the owner of a cinema theatre. The land on which the theatre was constructed belonged to another firm. It was taken on lease for a period of 10 years commencing from 1-5-1940, on an annual rent of Rs. 750. The assessee did not vacate the land at the expiry of the lease period with the result that the managing partner of the lessor firm brought a suit in ejectment with a further claim for mesne profits in the Court of the District Judge Krishna at Masulipatam. The asses-see thereupon star...
In Re: Harijana Dontalagadu
Court: Andhra Pradesh
Decided on: Nov-25-1964
Reported in: 1965CriLJ440
Krishna Rao, J.1. The appellant, Dontalugadu alias Subramanyam, has been sentenced by the Sessions Judge, Chittoor to imprisonment for life under Section 302 I. P. C. for the murder of one Krishtan at about 6 p.m. on 12-9-62 by stabbing him with a knife, M. O. 1. He has also been sentenced to rigorous imprisonment for eight months under Section 324, I. P. C., for having at the same time stabbed and caused hurt to the deceased's son, Kathan (P. W. 1) and to rigorous imprisonment for six months under Section 323, I.P.C., for having caused hurt to Munigadu (P. W. 2) by throwing a stone at him. All the three sentences were ordered to run concurrently.2. The facts according to the prosecution are briefly as follows; -Both the deceased Kristan, who was aged about 50 years, and the accused Dontalugadu, who is aged about 21 years, were residents of Karur Harijanawada, their houses being at a short distance from each other. The deceased and P. Ws. 1 to 5 belong to the 'vetli' group of families,...
The State of Andhra Pradesh Vs. Jalerjar Hormosji Gotla
Court: Andhra Pradesh
Decided on: Nov-24-1964
Reported in: AIR1965AP272
Narasimham, J. (1) This is a petition filed by the appellant in C. C. C. A. No. 30 of 1959, an appeal against the judgment of the Additional Chief Judge, City Civil Court, Hyderabad, in O. S. No. 92 of 1958.(2) The petition raises the question whether the Advocates' fees have to be taxed under the Rules made by the Hyderabad High court under Sec. 27 of the Legal Practitioners Act, 1879 (No. XVIII of 1879) or the rules framed under the said provision of the Act by the High Court of Andhra Pradesh.(3) It is an undisputed fact that the suit was filed on 23-11-1953 and court-fee was paid under the Hyderabad Court-Fees Act, 1324 Fasli (No. VI of 1324 Fasli). The suit was decreed in part, and the defendant preferred the appeal to the High Court on 1959 and paid court-fee on the memorandum of appeal under the Hyderabad Court-fees Act. The appeal was disposed by us on 8-11-1962 allowing the appeal and remanding the suit for fresh disposal, allowing an amendment of the additional written statem...
Gowramma Vs. Yella Reddy Chenga Reddy and ors.
Court: Andhra Pradesh
Decided on: Nov-20-1964
Reported in: AIR1965AP226
Chandra Reddy, C.J.(1) This appeal is preferred against the judgment of Justice Seshachalapati in Second appeal No. 452/ 1959 under cl. 15 of the Letters Patent with his leave.(2) The property involved in this appeal is a vacant site situate in Palamaneru village in Chittoor District. Its originally belonged to a joint family consisting of three brothers. Ajjagandayya, Chengalayya and Nanjundayya. The first of the three brothers died several years ago leaving behind him his widow Nagamma. Chengalayya's sons are defendants 1 and 2. The third brother Nanjundayya had four sons, Chengiah, Basayya, Rudrayya, is the only surviving son of Nanjundayya. Under Ex. A-1 dated 27-6-1934, the properties of the family were divided into three shares, the properties described in different branches - A schedule to Chengalayya's branch, B schedule to Nanjundayya's branch, and C schedule to Nagamma, widow of Ajjagandayya. Having regard to the part that document plays in the context of this enquiry, it is ...
Pochamreddi Sundara Rami Reddi Vs. State of Andhra Pradesh Represented ...
Court: Andhra Pradesh
Decided on: Nov-18-1964
Reported in: AIR1966AP11
ORDERGopala Krishnan Nair, J.1. The petitioner asks for an appropriate writ, order or direction to quash the order passed by the first respondent-Government in G. O. Ms. No. 526 Revenue dated 27-3-1964 and to direct the respondents not to enforce said G. O. The salient facts are as follows:2. The case relates to the appointment of an acting village munsif in the village of Pudiparthi in Nellore District. The permanent village munsif was one Pattabhirami Reddi, the deceased brother of the petitioner. He went on sick leave sometime in July 1955. Thereupon the third respondent was appointed to act in that leave vacancy. The order of appointment stated that the third respondent was appointed for six months. It also stated that the permanent village munsif should produce a medical certificate of fitness before he joined his post. However the permanent village munsif extended his leave from time to time with the result that the third respondent continued to officiate in the leave vacancy. On...
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