Andhra Pradesh Court August 1966 Judgments
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Anantha Sambaiah Vs. V. Venkoba Rao
Court: Andhra Pradesh
Decided on: Aug-03-1966
Reported in: AIR1968AP91
Jaganmohan Reddy, C.J. 1. This is a reference from the learned District Munsiff, Kurnool, under Order 46, R. 1, C.P.C., for decision on the following question, viz., 'Whether in a sale held by a Receiver appointed under Order 40, R. 1 of the Civil Procedure Code, poundage as required under Rule 200, Civil Rules of Practice, is payable on the sale amount'? It may be stated that there are two petitioners and twenty-nine respondents in the petition filed by plaintiffs, petitioners herein, for appointment of a Receiver to sell a Ginning Factory involved in the litigation. Evidently, certain respondents were not served. This reference has been pending since 1962, and even at this stage except respondents 1 to 4, 6, 7 and 10 represented By their counsel Mr. Bhujanga Rao, the other respondents did not appear.Mr. Bhujanga Rao has drawn our attention to a decision of one of us in Company Appln. No. 68 of 1963, D/-11-9-1964 (Andh Pra), which deals with this particular question referred to us. In...
T.S. Rama Rao Vs. Registrar, Andhra Pradesh Agricultural University an ...
Court: Andhra Pradesh
Decided on: Aug-03-1966
Reported in: AIR1967AP376
Kumarayya, J.(1) This is a petition under Article 226 of the Constitution of India for quashing the order of the Registrar, Andhra Pradesh Agricultural University dated 19-10-1964 and for declaring the petitioner as one of the duly elected candidates for membership to the Board of Management in the elections held on 17-10-1964 from amongst the members of the Andhra Pradesh Legislative Council.(2) It involves mainly an election dispute raising for determination two questions of some importance - both of law one turning on the interpretation of the First Statutes of 11th June 1964 made by the Government under the Andhra Pradesh Agricultural University Act (Act No. 24 of 1963) (hereinafter called the Act) and the other on the invalidity thereof. These questions may be precisely stated thus: (1) Whether any ballot paper duly received by the Registrar in an election of members for the Board of Management of the Agricultural University. State of Andhra Pradesh from amongst the members of the...
Boddu Veeraiah and ors. Vs. Aripirala Venkata Laxmamma and ors.
Court: Andhra Pradesh
Decided on: Aug-03-1966
Reported in: AIR1968AP276
Krishna Rao, J.1. The above Letters Patent Appeal is filed by defendants 11, 12, 14 and 15 in O. S. No. 2 of 1956 on the file of the Court of the Subordinate Judge. Narasaraopet which arose under the following circumstances: The plaintiff Aripirala Venkata Laxmamma filed the suit for recovery of possession of the properties shown in the plaint-schedule on the ground that she was the heir to the properties of one Korukonda Suryanarayana who was the owner of the said properties, that he died in or about the year 1900 leaving his widow Ramalaxmamma alias Ramamma, that a deed of surrender, Ex, B-7. executed on 12-5-1924 by the widow was invalid and that after the death of the widow, Ramalaxmamma, on 2-8-1954. she became entitled to succeed to the estate. The relationship between the parties is shown in the pedigree shown in the pedigree shown herebelow: Venkayya (Died prior to 1890) wife Venkamma (Died 22.12.1909) | __________________________________________________________________________...
K.M.S. Lakshmanier and Sons (P.) Ltd. Vs. the Sales Tax Appellate Trib ...
Court: Andhra Pradesh
Decided on: Aug-02-1966
Reported in: [1967]20STC103(AP)
ORDERVenkatesam, J.1. Both these petitions are filed under Article 226 of the Constitution by the same petitioner. The prayer in Writ Petition No. 1091 of 1962 is for the issue of a writ of mandamus restraining the Sales Tax Appellate Tribunal, Hyderabad, the 1st respondent from insisting upon the proof of payment of tax in pursuance of its memo, Appeal Registration No. 814 of 1962 dated 24th October, 1962, and to entertain the appeal unaccompanied by the proof of payment of tax. The prayer in Writ Petition No. 1092 of 1962 is also for a writ of mandamus in respect of similar proceedings issued by the Sales Tax Appellate Tribunal dated 24th October, 1962. The facts in both the writ petitions are the same, except that Writ Petition No. 1091 of 1962 relates to the assessment year 1954-55, while Writ Petition No. 1092 of 1962 pertains to 1955-56.2. The petitioner, who is the dealer in cotton yarn other than hand-spun yarn, contends that he was the second dealer in the State of Andhra Prad...
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