Andhra Pradesh Court December 1967 Judgments
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K. Janardhan Reddy and anr. Vs. the Vith City Magistrate Criminal Cour ...
Court: Andhra Pradesh
Decided on: Dec-13-1967
Reported in: AIR1969AP150; 1969CriLJ644
ORDER1. Criminal Revision Petition no. 337 of 1967 is directed against an order of the learned 6th City Magistrate, Hyderabad indicating proceedings under S. 145, Cr. P. C. in M. C. 8 of 1967 on his file. 2. It appears that a petition was filed by one K. Narasimha Reddy and K. Krishna Reddy against K. Janardhan Reddy and K. Pulla Reddy, alleging that the parties were members of a joint Hindu family. No partition of joint family property had taken place till the time this petition was filed, and it was also stated that K. Janardhan Reddy and K. Pulla Reddy, and other members of the family were living in the house from the time the construction was started. Some other facts were also mentioned, but I am not concerned with those facts, because they are not necessary for a decision of this case. But, it was mentioned before the Magistrate's Court that K. Janardhan Reddy and K. Pulla Reddy, in collusion with one Sitarama Raju. who is a tenant, had planned to dispossess the petitioners from ...
Mahadeo Jalan Vs. Commissioner of Wealth-tax, Assam.
Court: Andhra Pradesh
Decided on: Dec-12-1967
Reported in: [1968]69ITR170(AP)
Wealth-tax Reference No. 3/66.NAYUDU C.J. - The question as recast by us, that has been referred to us in these proceedings by the Income-tax Appellate Tribunal, 'A' Bench, Calcutta, is as follows :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law to follow the method involving the principle of break-up instead of the method involving the principle of yield value in determining the value of the share in question under section 7 of the Weath-tax Act ?'Section 7 of the Wealth-tax Act as it stood on the date when the question came to be considered which arises for decision in this case, was as follows :'7. Value of assets how to be determined. - (1) The value of any asset, other than cash, for the purpose of this Act, shall be estimated to be the price which in the opinion of the Wealth-tax Officer it would fetch if sold in the open market on the valuation date.'It is unnecessary to refer to the remaining portion of the section, which has no be...
Chinnappareddigari Pedda Muthylareddy Vs. Chinnappareddigari Venkatare ...
Court: Andhra Pradesh
Decided on: Dec-07-1967
Reported in: AIR1969AP242
P. Jaganmohan Reddy, C.J.1. Basi Reddy, J., being confronted with having to choose between two Full Bench decisions namely, Ramayya v. Achamma, AIR 1944 Mad 550 (FB) and K. Kanna Reddy v. K. Venkatareddy, : AIR1965AP274 (FB), both binding on him, dealing with the combined effect of Sec. 49(c) of the Registration Act and Section 91 of the Evidence Act, referred the matter to a Division Bench which in turn referred it to a Full Bench. 2. The plaintiff who is the first respondent in the appeal, filed the suit for partition of the joint family property and allotment to him of a half share, the first, second and fourth defendants being entitled to the other half share. Plaintiff's father Chinna Muthyalareddy, the first defendant's father Nagi Reddy and the third defendant's husband Chinna Nagireddy were brothers and were members of a joint Hindu family. Chinna Nagireddy, the husband of the third defendant, died issueless prior to 1937 and so the third defendant is said to be entitled only t...
Paidimarri Balasubba Chetty and Sons Vs. Jutur Reddiya and ors.
Court: Andhra Pradesh
Decided on: Dec-06-1967
Reported in: AIR1969AP446
1. This is an appeal against an order of the Additional District Judge, Cuddapah passed on 19-10-1964 whereby he adjudicated respondents 1 and 2 as insolvents and directed that the estate of the debtors will vest in the Official Receiver for purposes of administration and fixed the time for discharge as one year.2. The necessary fats are that the appellants before me filed O. S. No. 69 of 1961 in the Court of the District Munsif, Cuddapah to recover a sum of Rs. 1532-4-0 against respondents 1 and 2 herein. They attached certain property before judgment. The suit was decreed on 30-5-1961. The decree-holder filed E. P. 288 of 1961 on 12-6-1961. The attached house was brought to sale on 20-11-1961. the sale was confirmed on 2nd May, 1962. The sale proceeds were distributed rateably amongst the decree-holders in the above said suit as well as other decree-holders against the same respondents on 4-5-1962.3. I. P. No. 9 of 1961 was filed by the respondents 1 and 2 on 29-6-1961 before the sub...
Mohammed Abdul Rasheed Khan Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Dec-05-1967
Reported in: AIR1968AP364
ORDER1. It is now a matter of history that the erstwhile State of Hyderabad ceased to exist and a part of its territory, popularly known as Telangana was transferred to the State of Andhra to form the State of Andhra Pradesh from 1-11 56.Owing to reasons--social, economic, political and historical reasons, with which we are not now concerned it was thought desirable that the people of the Telangana region including the services, should have certain safeguards. Section 115 (5) and the proviso to Section 115 (7) and Section 117 of the State, lie-organisation Act are three such provisions intended to protect the interests of the 'Telangana Service Personnel'. Section 115 (5) and (7) are as follows: --'(5) The Central Government may by order establish one or more Advisory Committees for the purpose of assisting it in regard to- (a) the division and integration of the services among the new States and the States of Andhra Pradesh and Madras; and (b) the ensuring of fair and equitable treat...
Shimoga Oil Mills Vs. Sri Radhakrishna Oil Mills Kadiri and ors.
Court: Andhra Pradesh
Decided on: Dec-03-1967
Reported in: AIR1969AP263
1. This appeal by the attaching decree-holder is preferred against the judgment of the District Judge, Anantapur in A. S. No. 139/61 holding that E. P. No. 77/60 on the file of the Court of the subordinate Judge, Anantapur was not filed within three years after the previous execution petition and is therefore, barred by limitation. 2. It is necessary to narrate briefly the facts of the case. The O. S. 46 of 1947-48, filed by the Shimoga Oil Mills in the Court of the subordinate Judge, Shimoga, against Sri Radhakrishna Oil Mills, Kadiri, the respondent herein, for the recovery of about Rs. 3,257 was dismissed on June 30, 1949, but decreed by the High Court of Mysore in R. A. No. 81/1949-50 on October 30, 1951. As the judgment-debtors are residents of and having properties only at Kadiri, situate within the jurisdiction of the Court of the subordinate Judge, Anantapur, the Shimoga Oil Mills, the decree-holder, obtained a transfer of the decree to the sub-court. Anantapur for execution. T...
Tripurani Vodavalli Tayaru Vs. Official Receiver, West Godavari and
Court: Andhra Pradesh
Decided on: Dec-01-1967
Reported in: AIR1969AP143
1. This revision is directed against the judgment of the learned District Judge, West Godavari in A. S. No. 29/65 by which be confirmed the order passed by the Subordinate Judge, Eluru in I. A. 323/64 in I. P. 2/60 on his file.2. One Kayala Rajayya was adjudged insolvent in I. P. 2/60 on the file of the Subordinate Judge, Eluru. The Official Receiver, West Godavari in whom the properties of the insolvent vested, sold 62 cents of land comprised in R. S. No. 28/6 of Kothalaparru to the petitioner herein for Rs. 103. The petitioner paid the price and also furnished the non-judicial stamp paper to enable the Official Receiver to execute a conveyance and requested him for the same. The Official Receiver thereafter solicited instructions from the Insolvency Court as to whether he should ask the purchaser to furnish non-judicial stamp paper to cover the value of encumbrances, if any, to be ascertained from the purchaser. There is no knowing as to what instructions the Insolvency Court gave. T...
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