Andhra Pradesh Court December 1965 Judgments
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Advocate-general, Andhra Pradesh, Hyderabad Vs. V. Ramana Rao
Court: Andhra Pradesh
Decided on: Dec-24-1965
Reported in: AIR1967AP299; 1967CriLJ1470
Gopalakrishnan Nair, J.(1) This contempt case was filed by the learned Advocate General for punishing the respondent for contempt of the High Court the subordinate judiciary and also the Election Tribunal constituted under the provisions of the Representation of the People Act, 1951. The respondent is the Editor, Printer and Publisher of a weekly called 'The Andhra Herald'. In its issue dated 29-11-1964, he published certain articles which are alleged to constitute to contempt of Court. 'The Andhra Herald' is a bilingual weekly. A good part of it is in English and the rest in Telugu. Portions of the articles published in both these languages are relied upon by the learned Advocate General to make out that the respondent is guilty of contempt of Court.On the first page, in the English Section of the weekly, under the caption 'You will hardly believe' the following passages occur:'That in strict variance with the directions of the Supreme Court, Justice Sreenivasachari's one man election...
Ramakrishna Agencies (Private) Ltd. Vs. Life Insurance Corporation, Ma ...
Court: Andhra Pradesh
Decided on: Dec-24-1965
Reported in: AIR1967AP109; [1967]37CompCas94(AP)
(1) The plaintiff, whose suit has been dismissed by both the Courts below, appeals from the judgment of the subordinate Judge, Elura given on 17-1-1962. The necessary facts are that the plaintiff was a chief agent of a private limited company called 'The National Star Assurance Company Limited'. One of the duties of the Chief agent was to secure life insurance business through special agents and under the terms of the appointment letter dated 20-4-1953, the plaintiff was entitled to overriding commission at varying rates specified in clause 6 (a) of the said appointment letter on the premia received for the first year on the policies secured by the plaintiff. Under the Life Insurance Corporation Act, 1956 (hereinafter referred to as the Act), all the assets and liabilities of the National Star Insurance Company Ltd., stood transferred to and vested in the Life Insurance Corporation of India on 1st September 1956.(2) It was contended by the plaintiff that, prior to the said appointed da...
Kumara Rajah of Venkatagiri and Others Vs. Income-tax Officer, A-ward, ...
Court: Andhra Pradesh
Decided on: Dec-24-1965
Reported in: [1967]64ITR264(AP)
The petitioner in Writ Petition No. 541/1964, Raja of Venkatagiri challenges the notice issued to him in or about March, 1964, for the proposed reopening of assessments from 1950-51 onwards under section 148 of the Indian Income-tax Act on the ground that interim payments made by the Government under the Madras Estates Abolition Act XXVI of 1948 are income, and, as such, they have escaped assessment. Writ Petitions Nos. 539 and 540 of 1964 are filed by Kumararaja of Venkatagiri, the son of the petitioner in W. P. No. 541 of 1964, the former of which he has filed as karta of the Hindu undivided family consisting of himself and his two minor sons and the latter as individual. Writ Petition No. 1540 of 1964 is by the minor son of the petitioner in Writ Petitioner Nos. 539 and 540 of 1964.In all these petitions, the petitioners challenge the notice and the proposed reopening of the assessment of the interim payments made by the Government under the Estates Abolition Act (hereinafter called...
Chanti China Venkatareddi Vs. Kurasani Koti Reddy and anr.
Court: Andhra Pradesh
Decided on: Dec-22-1965
Reported in: AIR1967AP81
(1) The respondent-plaintiff filed a suit for declaration of the easementary right of the plaintiff to let off rain water discharged from the western plots A and A-1 towards east across the plots B and B-1 belonging to the defendants and for the issue of a mandatory injunction directing the defendants to remove the elevated portion CD as per plaint plan. It was contended that water used to flow in the natural way since a very long time from A, A-1 plots to B, B-1 plots towards east into the poramboke land. The lie of the land is from west to east and south to north. It was alleged that the defendants dug up two wells and dug channels also. The earth so removed was placed along the ridge CD thereby preventing the water from A, A-1 plots to flow into B, B-1 plots with the result that the water was stagnating and causing damage to the lands of the plaintiff.(2) The contention of the 1st defendant, who is the appellant before me, was that the lie of the land is not from west to east, that ...
A. Subrahmanyam Vs. Commissioner of Income-tax, Andhra Pradesh.
Court: Andhra Pradesh
Decided on: Dec-22-1965
Reported in: [1967]64ITR367(AP)
KUMARAYYA J. - The Income-tax Appellate Tribunal, Hyderabad, acting under section 66(1) of the Indian Income-tax Act, 1922, has referred the following question for the decision of this court :'Whether the entire income from the property and money-lending in this case had been correctly assessed in the status of a Hindu undivided family ?'The facts giving rise to this question may be shortly stated : One Atyam Subbiah of Palacole owned extensive properties. He was 70 and had no male issue. The only issue that he then had was a daughter, one year old, by his wife, Nagarathnamma, who was alive. He had a great circle of relations and friends. Most of them became the objects of his bounty under the will dated September 4, 1938, which was his last testament. In that will he expressed his intention to take Chinna Sita Ramayya, son of Saladi Mamilayya, in adoption during his lifetime and directed that, in case he died without taking him in adoption, all his properties, movable and immovable, e...
Bahadurrinisa Begum Vs. Vasudev Naick and ors.
Court: Andhra Pradesh
Decided on: Dec-16-1965
Reported in: AIR1967AP123
ORDER(1) This revision petition is directed against an order of the First Additional Chief Judge, City Civil Court, Hyderabad, given on 16 the January, 1965. It arises in the following circumstances:(2) Respondent No.1 instituted a suit for the recovery of some money due on a promissory note executed by the petitioner on 2nd January, 1962 in favour of respondents 2 and 3. Respondents 2 and 3 assigned the promissory note in favour of the 1st respondent-plaintiff by an endorsement. One of the objections taken by the 1st defendant i.e., the petitioner before me, in he written statement is that the suit document is a bond and not a promissory note. It was the further contended that the endorsement amounts to an assignment of an actionable claim. The argument therefore, was that both the document as well as the endorsement ought to have been executed on the stamp paper and that since they are not so executed, the plaintiff-respondent No.1 must pay the penalty for both these documents apart ...
Sri Gopal Manuers and Bonu Mill Vs. Manepalli Ranganayakulu and Sons a ...
Court: Andhra Pradesh
Decided on: Dec-16-1965
Reported in: AIR1967AP145
ORDER(1) This revision petition is directed against an order of the Principal District Munsif, Eluru given on 13th July, 1965. It arises in the following circumstances.(2) The respondent-plaintiff instituted a suit for recovery of a sum of Rs. 2952.42 alleging that to be due on account of purchase of gunnies. The petitioner who is the defendant contended in his written statement that one attayya of Pentapadu has been the agent of the plaintiff. The defendant used to place orders for gunnies through the said Rattayya and also make payments to the plaintiff through the said Rattayya. The defendant contended that on 12-6-64, he paid the amount of Rs. 2500 to the said Rattayya to be paid to the plaintiff. That amount was not credited by the plaintiff in his accounts.(3) Before the suit went to trial, the defendant filed an application under Order 8-A, Civil Procedure Code to implead Rattayya as a third party defendant. It was contended in the application that if the plaintiff does not give...
Guntupalli Basavaiah Vs. Nalamothu Venkamma
Court: Andhra Pradesh
Decided on: Dec-15-1965
Reported in: AIR1967AP275
ORDER(1) The learned District Munsif found that the promissory note is supported by consideration, but dismissed the suit on the ground that the plaintiff, Basavayya, who is a transferee from the payee, had no parted with consideration for the transfer, and is, therefore, not a holder in due course.(2) The trial Court had not understood the difference between a holder for collection and a holder in due course, which is well established in law. A holder in due course will be entitled to claim better rights than the transferor i.e. , any defect in title of the transferor will not affect the rights of the holder in due course. It is only where the transferee wants to claim higher rights than the transferor that he must satisfy the requirements of a holder in due course as laid down in section 9 of the Negotiable Instruments Act, i.e., for consideration he became the possessor of the instrument from the payee or endorsee before the amount mentioned in it became payable, and without having ...
Kuchi Rajeswara Sastry and Sons and anr. Vs. Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Dec-15-1965
Reported in: [1967]20STC548(AP)
ORDERJaganmohan Reddy, J.1. The question in these writ petitions is whether copra is exempt from sales tax by virtue of an amended explanation added by Act 16 of 1963 to the Andhra Pradesh General Sales Tax Act on 26th September, 1963, on which date the incidence of tax has been imposed on the last purchaser.2. The word 'coconut' in the Third Schedule is at item 5. Prior to the amendment, the items in the Schedule were 7 and 8 which contained 'coconuts' and 'copra' as separate items. By an amendment of Schedule III in 1957/ for the word 'copra' the words 'tender coconuts' were substituted, so that copra went out of the picture and was therefore probably exempt, because at that stage there was no explanation added to the Schedule. On 11th September, 1961, an explanation was added to the word 'coconut' which is as follows:-'Coconuts' in this Schedule means fresh or dried coconuts, shelled or unshelled, including copra, but excluding tender coconuts.3. This incidentally became item 5 in S...
Chadalavada Subba Rao Vs. Kasu Brahmananda Reddy and ors.
Court: Andhra Pradesh
Decided on: Dec-13-1965
Reported in: AIR1967AP155; 1967CriLJ691
Kumarayya, J.(1) This is a special appeal against the order passed by the Election Tribunal, Hyderabad, Andhra Pradesh dismissing, with costs of respondent No. 1, the election petition No. 195 of 1962 on the file of the Said Tribunal.(2) The appellant is an elector in Nadendla village. In the general election held on 19-2-1962 for return of a candidate from Phirangipuram constituency to the Legislative Assembly of the Andhra Pradesh State the only two contesting candidates found on the arena were respondent No. 1, Sri K. Brahmananda Reddy, and respondent No. 2, Sri Jagarlamudi Chandramouli. It was a contest close and keen. Respondent No. 1 contested on the ticket and program of the congress Organization and respondent No. 2 was a candidate set up by the Swatantra Party. Both of them had considerable influence over the constituency -- the former being the resident of Tubadu, one of the villages in the constituency and the latter being a member of the Kamma community which, it is said, h...
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