Andhra Pradesh Court November 1970 Judgments
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Mehrunnisswa Begum and anr. Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Nov-13-1970
Reported in: AIR1971AP382
Parthasarathi, J. 1. Because of a common ground urged by all the parties for impeaching the provisions of the Madras Land Encroachment Act. 1905 all the writ petitions and Writ Appeal have been set done together for hearing. The statute and more particularly Section 6 and 7 are called in question as being violate of concept of equality underlying Article 14 of the Constitution.2. It is not necessary to set out the facts that have given rise to the several writ petitions because the argument has been confined to the preliminary question of the constitutional validity of the Act.3. Stated in bare outline, the contention is that the Madras Land Encroachment Act (the provisions of which are made applicable to the Telangana region too) provides a remedy of Government within the meaning of the Act and that within the meaning of the Act, and that this remedy is more drastic and prejudicial to the party concerned than the common law process in a court of law and that the choice of the remedies...
K. Vadivelu Chetty Vs. Commercial Tax Officer and anr.
Court: Andhra Pradesh
Decided on: Nov-12-1970
Reported in: [1973]30STC176(AP)
Gopal Rao Ekbote, J.1. The writ petition and the tax revision case raise a common question of law. They can, therefore, be disposed of by a common judgment.2. In order to appreciate the point raised, we would refer to the facts as they appear in the writ petition.3. The petitioner-firm carries on business as commission agents in jaggery and groundnuts at Chittoor. The firm is a registered dealer under the A. P. General Sales Tax Act. For the assessment year 1967-68 the petitioner purchased groundnuts within the State, He then sold the same in the course of inter-State trade. The petitioner filed a return. He claimed before the assessing authority at the time of assessment that on the sales within the State he is not liable to tax under Section 15(b) of the Central Sales Tax Act read with the proviso to Section 6 of the Andhra Pradesh General Sales Tax Act on that part of the turnover which comprised the subsequent transactions of sales in the course of inter-State transactions.4. The a...
Andhra Re-rolling Works and ors.
Court: Andhra Pradesh
Decided on: Nov-05-1970
Reported in: 1979(4)ELT600(AP)
Sharfuddin Ahmed, J.1. The petitioner is a firm carrying on business of re-rolling having its factory at Moosapet near Sanatnagar, Hyderabad. On 16-6-1964, the 5th respondent (Surana Trade and Finance Corporation, Secunderabad) entered into a written agreement with the petitioner and during the period from 29-4-64 to 23-2-1966 entrusted about 3,000 metric tonnes of second class untested rails having purchased the same from Hindustan Steel Limited, Bhillai Division for the purpose of re-rolling it into M.S. rounds of different specifications. The rolling charges varied according to the size of the finished product. In accordance with the terms of the said agreement, the rails were supplied by the 5th respondent to the petitioner and the petitioner re-rolled the said second class untested rails into M.S. rounds and delivered the same to the 5th respondent for which the petitioner received the requisite re-rolling charges. The contention of the petitioner is that under the provisions of t...
Mohammad Jaffer Ali Vs. S. Rajeswara Rao and ors.
Court: Andhra Pradesh
Decided on: Nov-02-1970
Reported in: AIR1971AP156
Sambasiva Rao, J.1. 'Whether a lesses of a cinema theatre is a tenant, and not liable to be evicted otherwise than under the Act.'2. This is the question which has been referred to a Full Bench by Venkatesam and A. D. V. Reddy, JJ. The Act concerned is 'the Andhra Pradesh Buildings (Lease, Rent and Eviction Control) Act (XV of 1960.'3. The facts are simple and are not in dispute. A cinema theatre situate in Saidabad, Hyderabad City, known as 'Jagat Talkies' was given on lease by the vendors of the plaintiffs to the defendant on 7-1-1960 under a lease deed, marked as Ex. A-2. That lease was initially to be for a period of three years. The defendant however, had the option to extend the lease by another two years. The plaintiffs purchased the cinema house from the lessors under the sale deed. Ex. A-1, dated 4-7-1963. By his letter, Ex. A-4 of 11-7-63, the defendant attorney the lease in favour of the plaintiffs and since then was paying the rent to them alone. The defendant exercised the...
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