Andhra Pradesh Court August 1968 Judgments
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Mohd. Akhalaq Ahmed Vs. the State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Aug-28-1968
Reported in: [1969]23STC204(AP)
P. Jaganmohan Reddy, C.J.1. The petitioner, who is a dealer in rose oil, was assessed under the Central Sales Tax Act on the ground that the transactions amounted to inter-State sales, while he contended that they were local sales effected in Andhra Pradesh and were subjected to tax under the Andhra Pradesh General Sales Tax Act (hereinafter referred to as the A.P.G.S.T. Act) which he had already paid. Against this order, he filed an appeal before the Assistant Commissioner, Commercial Taxes, which was rejected. As against the rejection of the appeal, he preferred an appeal before the Sales Tax Appellate Tribunal at Hyderabad. The Appellate Tribunal required proof of payment of tax from the petitioner before the appeal could be registered but the petitioner contended that this was an appeal under the Central Sales Tax Act which did not make any provision requiring proof of payment of tax as a condition for entertaining the appeal unlike the provisions of the A.P.G.S.T. Act.2. The restr...
In Re: Nandipamula Anjayya and ors.
Court: Andhra Pradesh
Decided on: Aug-26-1968
Reported in: 1970CriLJ1681
A.D.V. Reddy, J.1. The appellants, 25 in number who are accused in S. C. 31/66 on the file of the Sessions Judge, Krishna, have been convicted for various offences under SB. 147, 148/302 read with 34 on three counts and also under Sections 321, 323 and 352, I. P. C.2. On 19.3.1966 at about 5 P.M., the bus A. P. W. 14 proceeding from Yijayawada to Jakkampudi was stopped by about 50 persons armed with spears and sticks about one or one and half furlongs south of Nandipativari choultry and as the driver, cleaner, checker and most of the other passengers ran away, six passengers, who stayed in the Bus viz., Adam, Jamalayya and Yesupadam (herein, after referred to as Deceased Nos. 1, 2 and 3 respectively) as well as P. Ws. 1 to 3 were attached, as a result of which Adam (D1) died on the spot and Jamalayya (D2) and Yesupadam (D3) died in the hospital on 20-3-1966 at 4 P.M. and 21-3-1966 at 9-10 P.M. respectively and P. Ws. 1 to 3 sustained injuries,3. The case for the prosecution is that on ...
Ram Singh Mool Singh Vs. the Government of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-19-1968
Reported in: AIR1970AP314
ORDER1. The petitioner is a contractor who contracts for supplying milk, eggs, vegetables, etc., to Government Hospitals and jails in Nizamabad, Karimnagar, Warangal and Adilabad Districts. He complains against G. O. Ms. No. 1449 dated 14-6-1968 by which he has been 'black-listed' for a period of five years. He urges that he was never given an opportunity to show cause against any proposal for black-listing him and that he does not even know the reason why he has been 'black-listed'. It is urged that the impugned G. O. affects his fundamental right to carry on business and is also discriminatory and it should therefore be struck down. 2. The learned Government Pleader contends that the order of the Government blacklisting the petitioner is an executive order and not a 'law' such as could be considered to be violative of Art.14 of t he Constitution. He submits that no fundamental right of the petitioner is involved and contends, 'like private individuals and businessess, the Government ...
Kishanlal Oil Mills (by Its Partner Mohanlal) Vs. State of Andhra Prad ...
Court: Andhra Pradesh
Decided on: Aug-16-1968
Reported in: [1969]24STC304(AP)
P. Basi Reddy, Ag. C.J.1. These tax revision cases and writ petitions have been filed by one Mohanlal, a quondam partner of the firm of M/s. B. Kishanlal Oil Mills, Hyderabad. The petitioner in all these matters is shown as M/s. B. Kishanlal Oil Mills, Hyderabad, by its partner Mohanlal. All these matters arise out of assessments under the Sales Tax Act for the assessment years 1953-54 and 1954-55. By a demand notice dated December 26, 1965, which was served on Mohanlal on January 31, 1966, he was required to pay a sum of Rs. 52,854.88 in respect of assessment No. 5/1953-54 and a sum of Rs. 38,399.62 in respect of assessment No. 5/1954-55, being the arrears of tax still due and unpaid by the firm of M/s. B. Kishanlal Oil Mills.2. We will first deal with the tax revision cases. The assessment of the dealer, which was the firm of M/s. B. Kishanlal Oil Mills, for the years 1953-54 and 1954-55 was originally made on October 28, 1959. The assessment orders and demand notices were served on ...
Pootharaju Papayamma and anr. Vs. Mallapragada Gopalakrishnamurty and ...
Court: Andhra Pradesh
Decided on: Aug-13-1968
Reported in: AIR1969AP341
1. This second Appeal is filed by defendants 2nd 3 in the following circumstances: In order to appreciate the dispute between the parties it is necessary to set out the relationship between them which is as follows:Sri Ramulu(died 9-8- 1941)Ramayamma (died 25-6-53)|________________________________________________________________| |Venktata Subba Rao Chittemma (5th deft.) (died 25-2-47) : Krishnaiah (1st deft.)| |Ramakrishna Rao (died 1-12-45] Papayamma (2nd deft.): Papayamma (2nd deft.)|(adopted) Parthasarathi(3rd defendant) 2. Sriramulu executed a deed of a gift conveying the suit property which is Ac. 0-10 cents of building site out of love and affection, in favour of his nephew Ghantayya, who is the father of plaintiffs 1 to 4 and the 4th defendant and the husband of the 5th plaintiff, on 30-6-48, and on the same by delivered possession of the property. Subsequent to the death of Ghantayya in June 1951 disputes arose between the plaintiffs and defendants 1 and 2 which resulted in pr...
M. Kista Reddy and ors. Vs. Collector, Karimnagar Panchayat Wing and o ...
Court: Andhra Pradesh
Decided on: Aug-08-1968
Reported in: AIR1970AP180
Sambasiva Rao, J. 1. Common questions arise in all these writ petitions and, therefore, they may be conveniently disposed of together. 2. The petitioners were Sarpanchas of Gram Panchayats. They were intimated bay their respective District Collectors, that they had ceased to be Sarpanchas, as laid down under Section 25 (2) of the Andhra Pradesh Gram Panchayats Act, (hereinafter called the Act), as they had failed to hold even a single meeting of the Gram Panchayat in a consecutive period of three months. The petitioners, thereupon, filed the writ petitions, seeking writs in the nature of certiorari, calling for the records relating to or connected with the proceedings of the Collectors, under which the intimation of cessation of office had been given to them and to quash the same. 3. Most of these pettions came up before Seshachalpati J. The learned Judge referred them to a Division Bench By his order dated 29th September, 1967. There were, however, two earlier decisions of Gopal Rao E...
Koppadu Dharma Rao Vs. Kovvuru Satyavathi
Court: Andhra Pradesh
Decided on: Aug-06-1968
Reported in: AIR1969AP129
1. The plaintiff, who is the appellant herein, filed the suit O. S. 56 of 1960 in the Court of the District Munsif, Amalapuram, of partition and for separate possession of a half share in a extent of Ac. 2.75 cents described in the plain schedule. for past profits of Rs. 572, for further profits from the date of suit and for delivery of possession in the following circumstances. An agreement of sale Ex. B.4 was executed with respect to the suit property Ac. 2.75 cents on 8-1-1952 by two brothers, Venkata Reddi and Audinarayana Murthy, in favour of Ramanna for a consideration of Rs. 720. Thereafter, a sale deed, Ex. B. 6 was executed on 15-10-56 in favour of Ramanna by Venkata Reddi, alone reciting that as Audinarayana Murty's whereabouts were not know, a proper sale deed would be executed by him after he turns up and that a balance of Rs. 25 will be paid at the time of execution of such sale deed by Audinarayana Murthy. But this contingency did not take place. Hence Ramanna Sold away t...
Conugunta Subbarayudi Vs. Eluri Brahmanadan and ors.
Court: Andhra Pradesh
Decided on: Aug-06-1968
Reported in: AIR1970AP211
Kumarayya, J. 1. This petition which, on reference, is before us raises a short point, whether a settlee pendente lite of one of the items of suit property can be added as a party to an appeal brought by the plaintiff, as a person interested in the result thereof.2. It may be expedient to make a brief statement of facts which are in a narrow compass. Gonugunta Subbarayudu (petitioner-plaintiff) laid an action in the year 1959 for partition of joint family properties against his brother Srisailam, his mother Viramma, and two other persons, alienees of items 5 of the suit property. The brother did not survive long. He died leaving his mother as his only heir, who had already claimed in the suit that items 1 to 6 of the suit schedule property constituted her separate properties and hence could not be made available for partition. Her claim eventually was accepted but only in relation to item 1 and also item 6, which she had already settled on May 17, 1960, on her daughter's son. Eluri Bra...
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