Andhra Pradesh Court February 1968 Judgments
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illapu Nookalamma Vs. Illapu Simchachalam
Court: Andhra Pradesh
Decided on: Feb-16-1968
Reported in: AIR1969AP82
ORDER1. This Civil Revision petition gives rise to an interesting question of law relating to the interpretation of he scope and application of the provisions of Order 18, Rule 3, Civil Procedure Code. 2. The plaintiff-petitioner filed O. S. No. 12 of 65 on the file of the Court of the Subordinate Judge, Visakhapatnam, for declaration of her title and for possession of the suit properties. which is resisted by the sole defendant on several grounds. 3. The Trial Court has framed several issues. The burden is on the plaintiff with regard to all the issues except issues Nos. 8 and 9 with regard to which the burden is on the defendant. After the completion of the examination of the plaintiff's witnesses, a memo by her Counsel reserving her right to adduce rebuttal evidence for the evidence that will be adduced by the defendant on issues Nos. 8 and 9, was filed on 24-11-66. The defendant resisted the claim of the plaintiff to reserve her right to adduce rebuttal evidence at that stage, as b...
In Re: Somiah and ors.
Court: Andhra Pradesh
Decided on: Feb-16-1968
Reported in: 1970CriLJ618
ORDERKondaiah, J.1. This is a revision against the order of the Munsif Magistrate, Sanga-reddy, refusing to call for 22 documents at the instance of the accused at the enquiry in P. R. C. 6 of 1960.2. The short question that arises in this revision is as to the scope, interpretation and the application of the provisions of Section 94 of the Criminal P. C. to the present case.3. The accused petitioners have been charge-sheeted by the Police under Sections 381, 467, 409 read with 109, 102B, 414, 471 read with 109, I. P. C. and the enquiry in P. R. C. 6 of 1966 was pending before the Magistrate, who has examined some witnesses. Criminal M. P. 436/65 by the petitioners under Section 94, Criminal P. C. requesting to call for the production of documents mentioned therein was allowed on 7-12-1966, Thereafter, on 6-2-1967, an application under Section 207-A, Criminal P. C. to summon and examine Sri Seshachalapathi Rao was allowed by the Magistrate. P. Ws. 1 to 4 were examined by 18-4-1967. As ...
Commissioner of Wealth-tax, Assam Vs. Joharmal Murlidhar.
Court: Andhra Pradesh
Decided on: Feb-15-1968
Reported in: [1968]69ITR165(AP)
GOSWAMI J. - This matter has come to us on a reference by the Income-tax Appellate Tribunal, 'A' Bench, Calcutta, under section 27(1) of the Wealth-tax Act, 1957. The assessment years concerned in this reference are 1957-58, 1958-59, 1959-60 and 1960-61.Briefly the facts are that the assessees residence is situated at a place known as Makum at a distance of less than five miles from the Tinsukia municipal town limit, but more than five miles from the central point of the Tinsukia Municipality. It is admitted that Makum is a place with a population not exceeding 10,000 and the Tinsukia Municipality has a population exceeding 10,000. The only controversy is whether the assessees house is situated at a distance of more than five miles from the area of the Tinsukia Municipality. The Wealth-tax Officer, who made the original order of assessment, refused to grant the exemption on the ground that the assessees residence was less than five miles from the limits of the Tinsukia town. On appeal,...
Branch Manager, Hindustan General Insurance Co. Ltd. Vs. M. Saramma
Court: Andhra Pradesh
Decided on: Feb-14-1968
Reported in: AIR1969AP390
1. This appeal is filed by the Hindustan General Insurance Company Ltd. Hyderabad, under S. 110D of the Motor Vehicles Act against an award of the Motor Claims Tribunal (Chief Judge, City Civil Court, Hyderabad at Secunderabad). The respondent therein received injuries as a result of an accident which took place on 7-2-1964 having been knocked down by a car bearing number APY 8415. She, therefore, applied for payment of compensation of a sum of Rs. 35,940 before the Claims Tribunal, impleading the insurer as the first respondent and the occupant of the car as the second respondent. The first respondent-insurer before the Tribunal objected that the application is bad for non-joinder of the owner of the car and further contended that the policy is vitiated by non-disclosure of material facts and by false representation that the assured is the owner of the car. It was further contended by the insurer that the amount of compensation claimed is excessive and fantastic. The second respondent...
Somasundaram (P.) Vs. Labour Court and anr.
Court: Andhra Pradesh
Decided on: Feb-14-1968
Reported in: (1970)ILLJ558AP
O. Chinnappa Reddi, J.1. In industrial Dispute No. 34 of 1964, the presiding officer labour court Guntur held that the management of Polisetti Somasundaram, Leaf Tobacco Merchants and Exporters was not justified in dismissing its employee, S.K.M. Subhanl, who was represented by the Tobacco Employees' Association, Guntur.2. Sri Srinivasa Murthi, learned Counsel for the management in this application for the issue of a writ to quash the award of the labour court argues that there was no industrial dispute before the labour court since the Tobacco Employees Association which espoused the cause of the dismissed workman is not a union of the workmen of the employer's establishment and there is no evidence that a substantial or an appreciable number of workmen of the establishment joined in passing the resolution of the exe-outlive committee of the Tobacco Employees' Association espousing the cause of the workman. It is true, as argued by learned Counsel for the petitioner, the Tobacco Emplo...
Vulichi Audiseshiah and Co. Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Feb-12-1968
Reported in: [1968]22STC222(AP)
ORDERGopal Rao Ekbote, J.1. This is an application under Article 226 of the Constitution of India seeking the issue of a writ of mandamus directing the respondents to refund the sum of Rs. 1,254.86 nP. being the amount illegally recovered from the petitioner from collections made by him in respect of sales of paddy pursuant to the orders passed in Assessment No. 1071/63-64 dated 29th March, 1965, on the file of the Additional Commercial Tax Officer, Guntur, and to pass such other orders as are lit.2. The relevant facts are that the petitioners are dealers in black-grain, green-gram, chillies etc. and an; assessed on the file of the Additional Commercial Tax Officer, Guntur. They make purchases on their own account and on behalf of non-resident principals. While purchasing the paddy they pay tax on paddy. During the assessment year 1963-64 the export of paddy was banned and consequently the paddy which the petitioners had purchased had to be sold at a very early stage. While effecting t...
The Andhra Pradesh State Electricity Board and anr. Vs. N. Ramachandra ...
Court: Andhra Pradesh
Decided on: Feb-06-1968
Reported in: AIR1969AP328
Kondaiah, J.1. These three Writ Appeals by the Andhra Pradesh State Electricity Board are preferred against the common order passed by Krishna Rao J., allowing the Writ petitions Nos. 754/66, 958/66 and 1151/66.2. The Andhra Pradesh State Electricity Board, the appellant herein, issued a Notification dated 15-11-65 calling for applications for 50 % of the post of Accountants in the Andhra Pradesh State Electricity Board service, to be filled by direct recruitment, by advertisement in daily newspapers on 19-11-65. The direct recruitment was open to all the qualified candidates as per the advertisement i.e., outsiders as well as employees working in the Andhra Pradesh State Electricity Board, interviews by the Sub Committee have been made between 4-2-1966 and 17-2-1966, of all the candidates who had the requisite qualifications as per the advertisement. The selections were completed by 27-4-1966 and the Andhra Pradesh State Electricity Board approved the selections made by the Sub Commit...
Ayyagari Samsamkaram and ors. Vs. Inspector General of Registration an ...
Court: Andhra Pradesh
Decided on: Feb-05-1968
Reported in: AIR1969AP134
ORDER1. This is an application for the issue of writ of mandamus directing the respondent to act according to law by ignoring the amendatory Act V of 1960 and the Rules made thereunder. 2. The relevant facts are. They contend that they are the document writers. They contend that Section 69 (bb) of the Act is ultra vires and the rules made thereunder cannot be given effect to. Their further contention is that the petitioners have been carrying on their profession as Document Writers since a long time. They could not have, therefore been subjected to the tests which the rules prescribe. It is also contended that the rules are unreasonable. 3. The petition is resisted by the respondent. Section 69 of the Registration Act has been amended by the Indian Registration (Andhra Pradesh Amendment) Act V of 1960 on 16th February, 1960. The following clause has been added:'(bb) Providing for the grant of licences to document writers. the revocation of such licences, the terms and conditions subjec...
Satyam Vs. Krishna Murthy and ors.
Court: Andhra Pradesh
Decided on: Feb-02-1968
Reported in: AIR1969AP237
1. This is an appeal preferred by Mattapalli Satyam, the 11th defendant against the decree and judgment of the learned Subordinate Judge, Visakhapatnam in O. S. No. 60/61 on his file. 2. The point in controversy is very simple and it is not necessary to state the facts in any detail. The 1st defendant is the father of defendants 2 and 5. Defendants 3 and 4 are the sons of the 2nd defendant. The 1st defendant for himself and as guardian for the 5th Defendant. and the 2nd defendant executed a registered sample mortgage bond dated 23-6-1952 in favour of the plaintiffs agreeing to repay the same with interest at 5 1/3 percent per annum. Defendants 3 and 4 were the sons born subsequently to the 2nd defendant. The 1st defendant belongs to a family, the suit properties were brought to sale by the Revenue Authorities on 22-10-1953. They were purchased by one Dasari Ayodhya Ramayya, and his legal representatives are defendants 6 to 9. Defendants 6 to 9 in their turn alienated the portions of th...
Boddapati Ramachandra Rao Vs. Special Deputy Tahsildar, Income-tax, Vi ...
Court: Andhra Pradesh
Decided on: Feb-02-1968
Reported in: [1969]71ITR277(AP)
For realising certain arrears of income-tax due from Sri Radhakrishna Rice Mills, property of the extent of Ac. 40-17 cents in Tamirisa village was brought to sale by the Special Deputy Tahsildar, Income-tax, Vijaywada, under the provisions of the Second Schedule to the Indian Income-tax Act of 1961. The property was purchased by the petitioner for a sum of Rs. 10,200 subject to a mortgage in favour of the Indian Bank, Gudivada. The sale was on March 9, 1964. On August 5, 1964, without notice to the petitioner and without an application either by the Income-tax Officer, defaulter or any other interested person to set aside the sale, the Special Deputy Collector. Income-tax (the Tax Recovery Officer) by his order Rc. A. 1205-62 set aside the sale on the ground that the sale was vitiated by an irregularity in that the proclamation of sale did not mention the mortgage in favour of the Indian Bank, although the sale itself was subject to the mortgage. Mr. C. Narasimhachari, learned counsel...
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