Andhra Pradesh Court November 1965 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Ramdas and ors. Vs. State
Court: Andhra Pradesh
Decided on: Nov-26-1965
Reported in: AIR1966AP344; 1966CriLJ1234
Sharfuddin Ahmed, J.1. The appellants, six in number, figured as A-1, A-2, A-3, A-4, A-6, and A-7 in the trial Court. They along with six others were prosecuted under Section 400 I.P.C. for belonging to a gang of dacoits, which had been formed under the leadership of one Bishen Singh with the object of habitually committing dacoities and other offences. It was alleged that in furtherance of the said conspiracy the accused participated in a number of dacoities spread over different Districts of Maharashtra, Mysore and Andhra Pradesh, and looted property worth Rs. 77,191/-. One of the persons involved in the said gang by name Mehtab Ali was made approver and a charge was laid against the accused-appellants under Section 400 I.P.C. before the 11 Assistant Sessions Judge, Hyderabad in Sessions Case No. 4 of 1960. The learned Sessions Judge on examining 309 witnesses and marking 243 documents for prosecution and after a prolonged trial convicted the appellants under Section 400 I.P.C. and s...
Vinay Construction and Development Company, Hyderabad Vs. Inspector Ge ...
Court: Andhra Pradesh
Decided on: Nov-19-1965
Reported in: AIR1967AP90
Jaganmohan Reddy, J.(1) This reference under S. 57(1) of the Indian Stamp Act involves the interpretation of Cl. (5) of the amended lease deed filed by M/s. Vinay Construction and Development Co., Hyderabad, for adjudication under S. 31 of the Indian Stamp Act (hereinafter called the Stamp Act) of the Collector of Stamps.(2) The Collector of Stamps, viz., the Inspector-General of Registration and Stamps, Andhra Pradesh, had by his letter, dated 25-6-1964 referred the several matters arising out of the lease deed for an authoritative opinion of the Chief Controlling Revenue Authority, viz., the Board of Revenue, under Section 56(2) of the Stamp Act. The lease was for 55 years at an annual rent of Rs. 36,000 and under Cls. 7 and 12, municipal taxes and insurance premium were payable by the lessees. Under the terms of the lease, a sum of Rs. 40,000 was to be paid as advance and the lease is to commence from the date the lessor puts the lessees in vacant possession of the premises at 6-1-1...
Kommapalle Narayana Reddy and ors. Vs. Kalavapalle Venkatramanappa and ...
Court: Andhra Pradesh
Decided on: Nov-19-1965
Reported in: AIR1966AP329
Gopalakrishna Nair, J.1. This civil miscellaneous appeal is preferred against the judgment of the subordinate Judge, Chittoor who, on appeal reversed the judgment and decree of the District Munsif, Madanapalle in O. S. No. 410 of 1954 and remanded the suit for fresh disposal in the light of the observations contained in his judgment.2. The plaintiff's, who alleged themselves to be the representatives of the major ayacutdars under Errakalva, instituted the suit against the defendants who were said to be major ayacutdars under Kambhamrayunikalva. Both these kalvas are admittedly irrigation channels. Errakalva appears to irrigate 32 acres of land of the plaintiffs and some others and Kambhamrayunikalva 75 acres of lands of the defendants and others. Both these irrigation channels rise from the bed of the river Bahuda in Madanapalle taluk. At a particular point, the Kambhamrayunikalva turned northwards from the bed of the river and entered into hard ground in its onward course. At that poi...
Pamjula Venkatramayya Vs. Pamjula Mahalakshmamma
Court: Andhra Pradesh
Decided on: Nov-15-1965
Reported in: AIR1966AP289
Gopal Rao Ekbote, J.1. The respondent and her daughter instituted the suit for maintenance. It was alleged that the respondent married the appellant some thirty years before when she was ten years old. After attaining puberty she joined her husband. The 2nd plaintiff was born to them. The wife alleged that the husband was living with one Vadde woman by name Kami and was having illicit intimacy with her. Later on he brought her into the same house where the wife and her daughter were staying. It was also stated that the husband was ill-treating the wife and subsequently abandoned the plaintiffs. The wife therefore had to earn her livelihood and make arrangements of the 2nd plaintiffs marriage. Unfortunately her (2nd plaintiff's) husband died and as there was nobody to look after her in her husband's house, she had to come back and stay with her mother. It is on these grounds maintenance for both was claimed. 2. The defence set up by the husband was that he never illtreated the wife, nor...
Abdul Hameed Khan Vs. Commissioner of Income-tax, Andhra Pradesh, Hyde ...
Court: Andhra Pradesh
Decided on: Nov-12-1965
Reported in: AIR1967AP211; [1967]63ITR738(AP)
Venkatesam, J.(1) The question of law that has been referred by the Income Tax Appellate Tribunal, Hyderabad Bench, in compliance with the requisition of this Court under Section 66(2) of the Indian Income tax Act, 1922 is in the following terms:-'Whether on the facts and in the circumstances of the case the department was not justified in disallowing the claim of bad debt of Rs. 89,140/-?'The facts leading to this reference are as follows:-(2) The assessee, Abdul Hameed Khan, partner of M/s. F.D. Khan and Co. Hyderabad seeks to deduct the sum of Rs. 89,140/- in the computation of his profits for the assessment year 1956-57, for which the accounting period is the year ended 30-9-1955. One Zaheera Khatoon is the daughter of the assessee, and B.A. Basith is her husband. Zaheera Khatoon is the proprietrix of Raht Silk Mills and Rahat Dyeing & Printing Works, Bombay, which business she started as early as 1948. She also acquired the business of Tower Trading Company, Bangalore, in the year...
B. Guruswamy Vs. K. Kotayya
Court: Andhra Pradesh
Decided on: Nov-05-1965
Reported in: AIR1967AP188
(1) This Civil Miscellaneous Second Appeal arises under the following circumstances. The respondent instituted on 24-10-52 a suit, O.S. No. 328 of 1952, in the Court of the District Munsif of Manigiri against the appellant on foot of a promissory note executed by him. The defendant-appellant remained ex parte, and an ex parte decree was passed against him on 15-12-1952. Subsequently, the decree-holder-respondent took out execution against him in E.P. No. 35 of 1960. At that stage, the appellant-judgment-debtor pleaded that when O.S. No. 328 of 1952 was instituted against him, he was an undischarged insolvent and that therefore the suit which was laid against him without the leave of the insolvency Court was incompetent and that consequently the decree, which was passed in the suit was void. The District Munsif Kanigiri overruled this contention and directed execution to proceed. The judgment-debtor preferred an appeal to the Subordinate Judge, Kavali, but failed in that appeal. He has ...
Munagala Munemma Vs. Munagala Chengiah Chetty and anr.
Court: Andhra Pradesh
Decided on: Nov-04-1965
Reported in: AIR1967AP40
(1) This is a plaintiff's appeal from the judgment and decree of the Subordinate Judge of Chittoor in O. S. No. 66 of 1959. The plaintiff is the widow of M Govinda Chetty, who was the elder brother of the respondents defendants Govinda Chetty died in 1920 as a member of the joint family of which the present defendants and their father were members along with him. The joint family of the defendants was in affluent circumstances. The family of the plaintiff's father was also in very affluent circumstances. After the death of her husband, the plaintiff lived with her fater. While so, the father of the defendants died in 1933. The father of the plaintiff also is dead.(2) The plaintiff filed O. S. No. 4 of 1938 in the Subordinate Judge's Court, Chittoor for maintenance against the respondents. She then asked for a monthly maintenance of Rs. 50. That suit was compromised ultimately and a compromise decree directing the present respondents to pay a sum of Rs. 30 a month to the plaintiff for h...
Pentala Kotiah Vs. State Public Prosecutor
Court: Andhra Pradesh
Decided on: Nov-04-1965
Reported in: AIR1966AP375; 1966CriLJ1376; [1966(12)FLR423]; (1966)IILLJ343AP
ORDERAnantanarayana Ayyar, J. 1. The petitioner, Pentala Kotayya, has filed this petition praying for quashing the proceeding in the Court of the learned VIth City Magistrate in Crl. M. P. No. 182 of 1965 on his file. 2. The relevant facts are as follows: An authority duly empowered to act under the Payment of Wanes Act, passed an order on 26-10-1963 in file No. 2437/63 (Case No. 29/63) directing that the respondent, Pentala Kotayya, should pay an amount of Rs. 1,125 as retrenchment compensation to the petitioner, Bogavarapu Ammaya (an ex-employee of the petitioner herein) who was employed in a tobacco shop of which the petitioner, Pentala Kotayya was the owner. At the instance of the said authority, the learned VIth City Magistrate registered Crl. M. P. No. 182 of 1965 and issued a notice to the petitioner, Pentala Kotayya directing him to deposit the sum of Rs. 1,125 on or before 13-8-1965. Obviously, the learned Magistrate was proceeding under Section 15(5)(b) of the Payment of Wage...
Nuli Kanaka Rao and ors. Vs. Tetali Sriranga Venkata Ramalinga Reddy
Court: Andhra Pradesh
Decided on: Nov-03-1965
Reported in: AIR1966AP297
Gopal Rao Ekbote, J.1. This second appeal arises out of a suit filed by the plaintiffs appellants for accounts of the amount due to them after deducting the expenses in terms of the lease deed dated 22-10-1958. It arises in the following circumstances: The plaintiffs who are the co-owners of a Rice Mill named Sri Gopalakrishna Rice Mm along with certain others gave the Mill on lease under a registered lease need dated 22-10-1938 to the defendant for a certain period ending by September, 1960. It was agreed at the time when the lease deed WHS executed that an expenditure of Rs. 1,200 should be borne by the owners, as that amount was to be spent on carrying out certain repairs for the piston rod of the Mill. The defendant was therefore, permitted to expend that amount and get the repairs done. It was alleged that the defendant over and above the permitted repairs claims to have carried on certain other repairs and incurred an expenditure of Rs. 4,888 and that this amount the defendant ca...
Polamarasetti Atchanna and ors. Vs. Doddi Appanna and anr.
Court: Andhra Pradesh
Decided on: Nov-02-1965
Reported in: AIR1967AP147
(1) Unfortunately both the Courts below have gone off the mark in this case. Even the elementary principles of Hindu Law were obviously missed.(2) The respondent-plaintiff instituted the present suit for declaration of his title and possession alleging that the suit properly belonged to one D. Kannayya who died in 1914. He had two wives, one Kannamma whose son from D. Kannayya is the plaintiff. Kannamma died in September, 1939. The other wife was D. Venkayamma who died on 26-10-52. She was the 1st defendant in this case. The plaintiff stated that after the death of his father when he was ten years old he was taken away by his uncle to Rangoon. The Ist defendant remained in possession on his behalf and that as she now denied his title and refuses to hand over the possession, the present suit was laid not only against the Ist defendant but the defendants Nos. 2 and 3 who were her brothers living with the Ist defendant. Defendants 2 and 3 also died and their legal representatives were bro...
- ‹ Prev
- Next ›