Andhra Pradesh Court July 1968 Judgments
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In Re: P. Ramalashmamma
Court: Andhra Pradesh
Decided on: Jul-26-1968
Reported in: AIR1970AP178
1. The husband of the appellant applied for the grant for a stage carriage permit on the route Proddatur to Kandimallayalapalli. Before the application came up for adjudiction, the applicant died. On his death, the appellant applied to the Regional Transport Authority, Cuddapah, to substitute her as the applicant, in the place of her deceased husband. The Regional Transport Authority, however, was not prepared to treat her as an applicant in the place of her deceased husband. She, therefore, filed W. P. No. 1729 of 1967 in this court, for the issuance of a writ of prohibition, directing the authorities not to process further in pursuance of the notice dated 5-8-1967 proposing to consider the route in question. 2. Our learned brother, Chinnappa Reddy J., held, following the view taken by Gopal rao Ekbote J., in W. P. No. 763 of 1965 (Andh. Pra.) that the appellant, as the legal representative of her deceased husband (applicant, cannot bring herself on record to pursue the application fo...
Grandhi Gurvamma Vs. Chaluvadi Gopalam and ors.
Court: Andhra Pradesh
Decided on: Jul-26-1968
Reported in: AIR1969AP338
ORDER1. The revision petitioner is a creditor whose petition to declare the respondents insolvent was dismissed by the trial Court and the appellate Court. 2. The petitioner filed I. P. No. 23 of 1965 in the Court of the Subordinate Judge, Nellore, with the allegation that the petitioner obtained a decree in O. S. No. 73 of 1956 on the file of the District Munsif, Ongole, for Rs. 4,804-15-0 on 4-6-1956 against respondents 1 and 2 and their father. Proceedings in execution are pending and nothing has been realised till now in execution of that decree. Respondents 1 and 2 their father the late Chaluvadi Venkatasubbiah executed in favour of respondent No. 3 a divided son of Venkatasubbiah a mortgage by deposit of title deeds dated 1st April, 1953 covering all their immovable properties to secure repayment of a sum of Rs. 7,925-7-2 due on an Anthakam executed by the assesses on 31st March 1953. The mortgage was evidenced by a memorandum which was not, however, registered. According to the ...
In Re: Devaiah
Court: Andhra Pradesh
Decided on: Jul-24-1968
Reported in: AIR1969AP444; 1969CriLJ1477
ORDER1. This application under Section 561A Criminal Procedure Code is entirely misconceived. In this application the petitioner seeks to have quashed an order of the Commissioner of Police under Section 26 (1) of the Hyderabad City Police act of 1348 Fasli directing the petitioner to remove himself form the area of Kachiguda and shift himself to the area within the limits of Trimulgherry Police Circle and not leave that are for a period of one year.2 Section 561-A of the Criminal Procedure Code preserves the inherent power of the High Court to make suitable orders (1) to give effect to any order under the Code (2) to present abuse of the process of the court or (3) to secure the ends of justice, to make appropriate orders to secure the ends of justice does not empower the High Court with any omnipotent power. The order to be made by High Court under Section 561-A to secure the ends of justice must be inrelation to a proceedings in the High Court or in any subordinate Criminal Court an...
Mohammed FiazuddIn Khan Vs. Custodian Evacuee Property Andhara Pradesh ...
Court: Andhra Pradesh
Decided on: Jul-19-1968
Reported in: AIR1969AP158
Kuppuswami, J.1. The appellant in the Writ Appeals and the petitioner in the writ petition is Mohd. Fiazuddin khan. By an order D/- 18-9-1951 the Deputy Custodian, Hyderabad, acting under the provisions of the Administration of Evacuee Property Act declared him as an Evacuee and notified his property consisting of a residential building known as Golden Lodge situated in Red hills and an extent of Ac. 350-00 of land situated in the village of Atteli, Tahsil Medchal of Hyderabad District, as evacuee property. On appeal by the petitioner, the Custodian of Evacuee Property confirmed the order of the Deputy Custodian. On a further revision petition to the Custodian-General of Evacuee Property, the orders of the Custodian and the Deputy Custodian were set aside on the ground that the notice issued to the petitioner under Section 7(1) of the Act was invalid. The matter was remanded to the Deputy Custodian with a direction to issue a fresh notice, conduct a fresh enquiry and give a decision in...
Challa Appa Rao and Co. Vs. Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Jul-19-1968
Reported in: [1970]25STC256(AP)
P. Jaganmohan Reddy, C.J.1. The writ petitioners in this batch are dealers in various goods, such as turmeric, ghee, paddy, groundnut, jaggery and rice, which are both non-declared as well as declared goods. In all these cases the petitioners claim a refund of tax paid under a mistake of law, because they allege that at the time when they were assessed the law was that under Section 8(2) of the Central Sales Tax Act, 1956, the position of a dealer could not be equated to a dealer governed by the provisions of the Andhra Pradesh General' Sales Tax Act, 1957, for every purpose and that where exemption is granted by a notification, it is only in respect of the goods exigible under the Andhra Pradesh Act and the State has no power acting under Section 9(1) to exempt goods liable to tax under the Central Act.2. It was contended before a Bench of this court consisting of Chandra Reddy, C.J., and Gopalakrishnan Nair, J., in Surya Trading Firm v. State of Andhra Pradesh [1963] 14 S.T.C. 720 th...
K. Manavala Naicker Vs. K.R. Gopala Krishnaiah Chetti
Court: Andhra Pradesh
Decided on: Jul-17-1968
Reported in: AIR1969AP417
Sambasiva Rao, J.1. Obul Reddi, J., has referred this revision petition to a Division Bench. It is preferred against the order of the Subordinate Judge's Court, Chittoor passed in O. S. No. 64 of 1962, holding that surcharge and penalty are payable on a unstamped conveyance under Section 116-A of the Madras District Municipalities Act.2. The respondent as plaintiff filed O. S. No. 64 of 1962, for declaration of his title to the plaint schedule property, which is a house situated within the municipal limits of Chittoor and for possession of the same after ejecting the petitioner therefrom. He based his claim on a sale deed dated 24-8-1964 from one Ramachandra Naicker, who was the owner of the property. The defence of the petitioner, who is the defendant the house orally from the owner Ramachandra Naicker for a sum of Rs. 9,900 and that in pursuance of the aforesaid oral sale, he paid a sum of Rs. 5,400 towards a mortgage decree passed against the owner and also discharged several other ...
Udipi Vasanta Vihar Vs. the Deputy Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Jul-16-1968
Reported in: [1969]23STC6(AP)
Kuppuswamy, J.1. The petitioner is a firm which is running a hotel. It has filed the above writ petition for the issue of a writ of prohibition restraining the respondent from taking further proceedings in pursuance of a notice dated 12th September, 1963, which was issued in the following circumstances:2. For the year 1959-60 the petitioner was assessed to sales tax on a turnover of Rs. 79,900. Subsequently by reason of a watch placed on the premises it was found that on four days the average sales per day worked out to Rs. 535. Based on this the dealer's turnover for the year works out to Rs. 535X313 days (excluding holidays) i.e., Rs. 1,67,455. Therefore a notice was issued on 12th September, 1963, in the following terms:-In continuation of the reference cited above Messrs Udipi Vasanta Vihar, Brodipet, are informed that the sales in their business premises were watched by the special staff with following results:- Date of watch Sales found :25-3-1960 Rs. 540.1126-3-1960 509.9827-3-1...
Andhra Scientific Company Employees' Union Vs. Andhra Scientific Compa ...
Court: Andhra Pradesh
Decided on: Jul-15-1968
Reported in: (1970)ILLJ555AP
O. Chinnappa Reddi, J.1. In title application for the issue of a writ of certiorari we are concerned with certain modifications of the standing orders of the Andhra Scientific Company which is were permitted by the certifying officer and the Appellate authority constituted under the Industrial Employment (Standing Orders) Act of 1946. The first objection of the employees of the company, who are the petitioners in this writ petition, is to the modification of standing Order 10. Ever since the inception of the company the employees were being given 17 paid festival holidays. The management sought permission to amend the standing orders by reducing the festival holidays to 10 from 17. The employees object and state that under the Industrial Employment (StandingOrders) Act the certifying officer and the appellate authority have no jurisdiction to permit modification of standing orders by restricting the number of holidays. Under Section 2(g) of the Act standing orders are defined to mean r...
S.L. Ramanatham Vs. Commissioner of Commercial Taxes
Court: Andhra Pradesh
Decided on: Jul-11-1968
Reported in: [1969]23STC249(AP)
Kumarayya, J.1. This is a petition for the issue of a writ in the nature of prohibition or any other appropriate writ or direction under Article 226 of the Constitution prohibiting the Commissioner of Commercial Taxes, Andhra Pradesh, Hyderabad, from taking any further proceedings in pursuance of his notice, Board's Reference C. 854/63-1 dated 10th September, 1963.2. The petitioner, Siddamsetty Lingaiah Gari Ramanatham, carries on trade in oil, rice mill, wool and cotton. He submitted his monthly returns for the year 1956-57 ending on 31st March, 1957, under the Hyderabad General Sales Tax Act. A few months later the Andhra Pradesh General Sales Tax Act came into force on 15th June, 1957. Thereafter on 14th March, 1958, he was given a notice. This notice did not bear reference to the rule under which it was given. An assessment order was eventually made on 17th March, 1958, which was communicated to the petitioner on 8th July, 1958. ft is common ground that the rates which were taken i...
Pokuru Rangaiah Vs. Pokuru Chinnaiah and anr.
Court: Andhra Pradesh
Decided on: Jul-08-1968
Reported in: AIR1970AP33
1. This second appeal raises an interesting question of law as to whether a charge created by a decree for maintenance obtained by the wife of the manager of a joint Hindu family over the joint family property is binding on the stepson of the manager who was not a party to the suit for maintenance.2. The facts are few and they are not in dispute. This appeal is by the plaintiff who sued for partition and possession of the suit property free of charge against the 2nd defendant, his step-mother. The 1st defendant became ex parte. The 2nd defendant contested the suit contending inter alia that the charge created by her maintenance decree in O. S. 196/55, Munisif Court, over the suit property will be binding on the plaintiff and she would be entitled to have a charge on the portion of the property that would be allotted to the share of the plaintiff. The trial Court dismissed the suit. the appellate Court held that the plaintiff was entitled to partition and possession of his half share in...
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