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Andhra Pradesh Court November 1966 Judgments

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Nov 30 1966

Nadikatla Suryanarayana Vs. Forest Range Officer, Kurupam and ors.

Court: Andhra Pradesh

Decided on: Nov-30-1966

Reported in: AIR1968AP128; 1968CriLJ598

ORDER1. The Judicial 2nd Class Magistrate Parvatipuram convicted the accused K. Lakahmi Narayan and Alladi Lakshmana Rao of an offence under Sections 35 and 36 of the Madras Forest Act read with Rule 2 of the Timber Transit Rules and sentenced them to fine of Rs. 100 each and in default to suffer one week's simple imprisonment. The learned Magistrate besides, directed confiscation of the lorry along with the other material objects as contemplated by Section 13 of the Madras Forest Act. There was no appeal against this order of conviction with the result that the order of conviction against the said accused became final. As the lorry was directed to be confiscated, the lorry owner, N. Suryanarayana preferred this appeal (Criminal Appeal 59 of 1965) before the Additional Sessions Judge, Srikakulam. Two questions mainly arose for consideration in this appeal. The first was whether the word 'shall' used in Section 43 of the Andhra Pradesh (Andhra Area) Forest Act 1882 as amended by Act II ...


Nov 25 1966

State of Andhra Pradesh and anr. Vs. Digyadarsan Rajendra Ram Dasjee V ...

Court: Andhra Pradesh

Decided on: Nov-25-1966

Reported in: AIR1969AP9

Chandrasekhara Sastry, J.1. This is a petition under Article 133 of the Constitution of India for leave to appeal to the Supreme Court against our judgment in W. P. 1589 of 1965. By our judgment we allowed the Writ Petition and quashed the order of the Government suspending the respondent from the office of Mahant Sri Swamy Hathiramjee Mutt, Tirupati. We held that the Government had no power to suspend the respondent from the office of Mahant in the manner they did and their only power was to proceed to take action under the provisions of the Madras Hindu Religious and Charitable Endowments Act. Pending disposal of the Writ Petition it appears that pursuant to the order suspending the respondent from the office of Mahant he was dispossessed from the properties belonging to the Mutt and he was sent out of Mutt Premises. The Mutt and its properties are now in the possession of the Assistant Commissioner of Hindu Religious and Charitable Endowments, Tirupati. Therefore, we directed the Go...


Nov 21 1966

K.S. Papanna and anr. Vs. Deputy Commercial Tax Officer and ors.

Court: Andhra Pradesh

Decided on: Nov-21-1966

Reported in: [1967]19STC506(AP)

Krishna Rao, J.1. W. P. No. 971 of 1962.-This is an application under Article 226 of the Constitution of India for the issue of a writ in the nature of mandamus directing the Deputy Commercial Tax Officer, Guntakal, to deliver back the goods seized by him from lorry A.P.A. 1599 on 13th September, 1962, under the following circumstances.2. The petitioner grows sugar-cane and converts the same into jaggery and sells it through commission agents. On one occasion, the petitioner entrusted 120 bags of jaggery, out of which 115 belonged to him and 5 to a relation of his, for the purpose of sale. The said bags of jaggery were sought to be transported to Kurnool under a way-bill covering only 115 bags as belonging to the petitioner. During transit the lorry was checked and as some of the goods were not covered by the way-bill, the Deputy Commercial Tax Officer, Guntakal, seized the entire stocks of 120 bags. On receipt of information, the petitioner filed his objections and in spite of repeate...


Nov 18 1966

G.S. George Vs. Government of Andhra Pradesh Represented by Secretary ...

Court: Andhra Pradesh

Decided on: Nov-18-1966

Reported in: AIR1968AP153

ORDER1. This Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorari or any other appropriate Writ or direction calling for the records connected with G.O.Ms. No 638 dated 13-4-1964 as confirmed by the proceedings of the First respondent. Government of Andhra Pradesh, in Memo. No. 3081/U-64-5 dated 19-5-1965 and quash the same or pass such other orders as may be deemed fit and necessary.2. The facts leading to this Writ Petition are the following: The petitioner is the Sub-Registrar in the Registration Department of Andhra Pradesh. Allegations of corruption and collection of amounts for National Savings Certificates and misappropriating those funds were made against him in a petition dated 22-6-1959 sent to the second respondent, the Inspector General of Registration. The Inspector General of Registration directed the District Registrar, West Godavari to conduct a preliminary enquiry and on the basis of the report submitted by the Dis...


Nov 17 1966

Yedugundla Ramanaiah and ors. Vs. the State

Court: Andhra Pradesh

Decided on: Nov-17-1966

Reported in: 1968CriLJ815

ORDERKumarayya, J.1. The petitioners were respondents Nos. 7, 26 and 41 to a proceeding before the Sub-Divisional Magistrate, Kavali, started on the Police report under Section 107 Criminal P.C. in M.C. 64 of 1965. It appears there took place more than one incident on 26.11.1965 and a single incident on 29.9.1965 in the village. Allured and several persona were directly involved therein. These incidents were in relation to different persons in the village in different hours. On the reports of the respective persons concerned, the Sub-Inspector of Police moved the Sub-Divisional Magistrate to start proceedings under Section 107 Criminal P.C. The Sub-Diviaional Magistrate, on the basis of the report, issued on order under Section 112 Criminal P.C. informing the respondents that they had committed wrongful and violent acts involving breach of peace and calling upon them to appear in person and show cause why each one of them should not be ordered to execute a bond for Rs. 1,000/- with two...


Nov 16 1966

Konduri Buchi Rajalingam and ors. Vs. State of Andhra Pradesh by Its S ...

Court: Andhra Pradesh

Decided on: Nov-16-1966

Reported in: AIR1968AP156

ORDER1. This petition is filed under Article 226 of the Constitution for the issue of a Writ of Certiorari or any other order or direction calling for the records and to quash the orders of the Government dated 4-3-63 and 7-2-63 directing the Respondents not to collect a sum of Rs. 1.26,974.00 nP or any other amount under the purchase contract dated 8-1-57 or under the cleansing agreement of 1955, by way of sale of the properties of the petitioner. Subsequent to the filing of the petition, the petitioner died and his legal representatives, petitioners 2 and 3 were brought on record.2. The facts as stated by the petitioner are as follows: The petitioner was the owner of a Rice Mill at Jammikunta, Karimnagar District He was milling paddy of the Government under various terms in accordance with the prevailing market rates. There was no specific contract between him and the Government and the Government used to entrust him with stocks of paddy whenever they wanted the stocks to be milled a...


Nov 16 1966

Santhannagari Ramayya and ors. Vs. Narasimhapuram Narayana Chetty

Court: Andhra Pradesh

Decided on: Nov-16-1966

Reported in: AIR1968AP151

1. This second Appeal arises out of a suit for a declaration of the plaintiff's easementary right for free access of light and air through the ventilators shown as V-l and V-2 in the southern wall of the plaintiffs house shown as FGA in the plaint plan and for a permanent injunction restraining the defendants and their men from in any way interfering with the plaintiff's rights by putting up any construction in their site and for a mandatory injunction for the removal of the Varanaku put up by the defendants adjacent to the plaintiff's southern wall obstructing the access of the usual light and air through these ventilators. The plaintiff claimed that he acquired a right to receive light and air through the two ventilators by such enjoyment for over the prescribed period Tn fact the plaintiff- purchased the suit house in the vear 1915 under Ex A-l dated 15-2-1915. Even by that time there were thesp two ventilators.2. The defendants plea was that there was an agreement between their pre...


Nov 16 1966

J.B. Roy Vs. the State

Court: Andhra Pradesh

Decided on: Nov-16-1966

Reported in: AIR1968AP236; 1968CriLJ1035

ORDER1. This is a revision petition directed against the order of the Additional District Munsif-Magistrate, Srikakulam given on 26th July, 1966 whereby the learned Magistrate directed the issue of summonses in the names of eight witnesses whom the prosecution wanted to examine. It appears that the Station House Officer, Srikakulam Town filed a charge-sheet against the accused under Section 304-A, I.P.C. Along with the charge-sheet, a list of witnesses also was filed according to which three witnesses were mentioned as eye witnesses. One of them died before the commencement of the trial. The prosecution therefore produced P.WS. 2 and 3, the other eye witnesses. They however were declared hostile and permission was granted to the prosecution to cross-examine them.2. Subsequently, the prosecution filed an application under Sections 251-A (7) and 540, Cr. P.C. seeking permission to examine eight more witnesses cited in the application. It was stated that out of the eight witnesses, witnes...


Nov 14 1966

T. R. Ekambaram and Another Vs. Controller of Estate Duty, Andhra Prad ...

Court: Andhra Pradesh

Decided on: Nov-14-1966

Reported in: [1967]66ITR67(AP)

The question that has been referred to us by the central board of Revenue under the Estate Duty Act, 1953, is as follows :'Whether, on the facts and in the circumstances of the case, the assessment of the estate of the deceased as that of an individual is proper and legal ?'This question arises for consideration in proceedings under the Estate Duty Act taken in respect of the estate of one T. Ranganatha Iyer (herein after referred to as 'the deceased'), who died on 14th September, 1956, leaving behind him his sons, Sarvashri T. R. Ekambaram and T. R. Gopalakrishnan, and his eldest son, E. K. Venkatesan, who went in adoption. The first two sons, being 'accountable persons', questioned the decision of the Assistant Controller of Estate Duty, confirmed by the Central Board of Revenue, that the property left by the deceased was the separate self acquired property and not Hindu joint family property. It may be stated that the deceased died leaving a will dated 6th September, 1950, to which ...


Nov 09 1966

Hyderabad Stock Exchange Ltd. Vs. Commissioner of Income-tax, Andhra P ...

Court: Andhra Pradesh

Decided on: Nov-09-1966

Reported in: AIR1969AP4

P. Jaganmohan Reddy, C.J.1. The question that has been referred to us by the Income-tax Appellate Tribunal is as follows:-'Whether on the facts and in the circumstances of the case, the assessee company was entitled to exemption of the sum of Rs. 8,937 under Sec. 4(3)(i)of the Indian Income-tax Act.'The assessee is a stock exchange company, limited by a guarantee and registered under S.26 of the Hyderabad Companies Act (Act 4 of 1320F.), which corresponds to S.26 of the Indian Companies Act, (Act 7 of 1913).2. The assessment year with reference to which this question has been postulated is 1961-62 for which the accounting year is the financial year ending 31-3-1961. The company has been assessed to income-tax from 1952-53 onwards. In all the years upto 1960-61, it filed returns of income showing therein the income from interest on securities and it was accordingly assessed. In connection with its assessments for the years 1953-54,1954-55,1955-56 and 1956-57, it made a claim that its in...


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