Andhra Pradesh Court July 1964 Judgments
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Seepuri Nagabhushanam and ors. Vs. Secretary to Government, Panchayat ...
Court: Andhra Pradesh
Decided on: Jul-08-1964
Reported in: AIR1965AP332
Jaganmohan Reddy, J.(1) These two writ petitions challenge the validity of a notice made by the Governor of Andh. Pra. in exercise of the powers vested in him, under para 5 of Schedule V of the Constitution of India modifying the Panchayat Samithi Act by adding sub-section 1 to section 7 of the Andhra Pradesh Panchayat Samithi and Zilla Parishads Act so as to confine the elections of the Presidents and Vice Presidents of every Panchayat samithi in scheduled area to the members of the panchayat samithi belonging to the scheduled tribes.(2) The learned Advocate Mr. P. C. Reddy contends that this is a discrimination and offends Part III of the Constitution . The Governor, he submits, is empowered to modify the same or apply the same with exception only to the scheduled area and has no power to apply the law to any particular class of persons in that area. In support of this contention he has cited State of Rajasthan v. Pratap Singh, : [1961]1SCR222 . The Goo/ Pleader on the other hand sta...
Gunupudi Subba Rao and Co., Reptd. by Partner Gadamsetti Narasimham Vs ...
Court: Andhra Pradesh
Decided on: Jul-08-1964
Reported in: AIR1966AP25
Kumarayya, J.1. The only question that arises in this appeal against the order passed by the Subordinate Judge, Kavali in execution proceedings is, whether the present execution petition filed on 1-12-1958 is within time.It would appear from the facts of the case that the appellant had brought O.S.No. 367/1950 and obtained a decree against the respondent and several other defendants. The decree was passed on 31-8-1951 and it became final as no appeal has been preferred, On 2-5-1952 the decree-holder put his decree into execution but that petition was dismissed on 18-6-1952 as the batta was not paid. This was followed by another E. P. on 25-6-1952 which again was dismissed on 29-8-3952 as no property liable to be attached could be found. A third application was filed on 18-11-1952 and this is marked as Ex. A. 6. By this time, nay on 29-8-1952 itself, the 1st defendant on the petition of this very creditor decree-holder had been adjudged insolvent. So then according to law, the decree-ho...
Mothey Gangaraju, Zamindar and Sons Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Jul-08-1964
Reported in: AIR1965AP60; [1965]16STC205(AP)
Narasimham, J.(1) This is an appeal against the judgment of Venkatesam, J. in S. A. No. 421 of 1957 by which he dismissed the suit filed by the respondent therein for the recovery of Rs. 1919-7-0 as interest at 6 per cent per annum on the sales tax collected from it on 26-2-1954. (2) The only point involved is whether the State of Andhra, which levied the said tax, is liable to pay interest from the date of collection to the date of decree, having refunded the tax collected with interest from the date of decree. (3) The learned District Munsif dismissed the claim. On appeal the Additional District Judge decreed the claim. Our learned brother set aside the order on appeal and restored that of the District Munsif. (4) The relevant facts, about which there is no controversy, are these : The appellant-plaintiff is an assessee. It is a registered firm carrying on business on commission agency and independently in certain commodities. It was assessed to a tax of Rs. 7248-6-2 on its business ...
V. Ramachandra Reddy and anr. Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jul-07-1964
Reported in: AIR1965AP40
Jaganmohan Reddy, J.(1) This Writ Petition and many others which raise a similar question, challenges the validity of G. O. Ms. No. 532 dated 15-5-1964 issued by the Panchayat Raj Department of the Government of Andhra Pradesh. The petitioner also imputes mala fides in so far as the reconstitution of the Gudur Panchayat Samithi in such a manner as to take away some Panchayats which were supporting him and attaching the same to some other Samithi is concerned. The petitioner/ who belongs to the Swantantra Party is the President of Momidi Panchayat in Gudur Taluk and was also the President of the Gudur Panchayat Samithi constituted on 1-11-1959. In the present elections also, he has been elected as the President of the Momidi Panchayat. According to him, the ruling party wanted to set up one Siddareddy Venkata Krishna Reddy for the Presidentship of the Panchayat Samithi during the 1960 elections, and for that purpose he was sought to be brought in as a co-opted member, but that attempt h...
The Assistant Controller of Estate Duty, Hyderabad Vs. Osman Ali Khan ...
Court: Andhra Pradesh
Decided on: Jul-02-1964
Reported in: AIR1965AP132
Narasimham, J. (1) This is an appeal against the order of our learned brother Chandrasekhara Sastry, J. in W. P. No. 667 of 1960 quashing the notice of the Assistant Controller dated 12-8-1960 for the levy of enhanced Estate Duty under the provisions of Section 59 of the Estate Duty Act, 1953. (2) It may be noted at the very outset that Section 59 has been introduced by the Estate Duty (Amendment) Act of 1958 and came into force on 1-7-1960. (3) The proceedings before the Assistant Controller pertain to one Ghousunnisa Begum, a step sister of the Nizam, who died on 30-11-1955. She was receiving a sum of Rs. 1,000/- a month from the trust fund created by the Nizam on 6-8-1950, referred to as H. E. H. the Nizam's Miscellaneous Trust, for the benefit of his family and dependents. It would suffice to note that Ghousunnisa was receiving this allowance from the trust fund set apart under the Trust which consisted of (1) A loan of Hali Sicca, Rs. 4,5000,000/- deposed with the Government of Hy...
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