Andhra Pradesh Court June 1970 Judgments
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B. Vijaya Laxmi Devi and ors. Vs. the Government of Andhra Pradesh and ...
Court: Andhra Pradesh
Decided on: Jun-29-1970
Reported in: AIR1971AP249
N. Kumarayya, C.J.1. The question that falls for determination in this writ appeal is whether the notification duly made under Section 4 of the Land Acquisition Act must be held as void and liable to be quashed for the mere reason that it embodies at its end the direction of the Government issued in exercise of its powers under Section 17(4) to the effect that the provision of Section 5A of the Act shall not apply to the case, which direction is now held to be unwarranted in law as Section 17(4) did not apply at all to the facts of the case.We may here extract the notification made under Section 4 which reads thus:'Whereas it appears to the Government of Andhra Pradesh that the land specified below is needed for public purpose, to wit for the construction of a building for Badruka College of Commerce and Arts, Kanchguda. Hyderabad, notice to that effect is hereby given to all whom the provisions of Section 4(1) of the Land Acquisition (Amendment) Act XXXVIII of 1923 ..... and the Gover...
The State of Andhra Pradesh Vs. Indian Detonators Ltd.
Court: Andhra Pradesh
Decided on: Jun-24-1970
Reported in: [1971]28STC84(AP)
N. Kumarayya, C.J. 1. This tax revision case raises a short point as to whether 'electric detonators' manufactured by the assessee, the Indian Detonators Ltd. are 'electrical goods' falling within entry 37 of Schedule I to the Andhra Pradesh General Sales Tax Act, 1957, so that they may be subjected to sales tax at the rate of 7 per cent. A 'detonator' is an explosive accessory for initiating high explosives. It is used for blasting purposes and is issued only against special licence to be obtained by persons concerned with blasting or mining operations. It contains chemical composition inside a metallic tube, whether aluminium or copper, which is closed at one end. In this tube are compressed two charges of initiating explosives successively. One is base charge and the other is priming charge. The chemical mixture in each of them is somewhat different from the other. The tube with explosives thus compressed thereinto forms a 'detonator'. In order that this detonator may function, it i...
Chittoory Swamy Vs. Ravula Suryanarayana and ors.
Court: Andhra Pradesh
Decided on: Jun-22-1970
Reported in: AIR1971AP303
ORDER1. This Writ Petition gives rise to a short question of law relating to the interpretation of the provisions of Section 8 of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (hereinafter called 'the Act'). 2. The respondents 1 and 2 are the tenants of the petitioner-landlord inrespect of about 22 acres of wet land. The agreed rent for the lands in question is 190 bags of paddy, half bag of green gram and two cart-loads of hay. For the year 1967-68, an application under Section 8 of the Act for remission of rent on the ground that there was failure of crop due to lack of rains. was filed by the tenants before the Tahsildar , Pithapuram. The application was opposed by the petitioner-landlord contending inter alia that there was no widespread calamity or drought and that the crop was good in about 16 acres and in about 4 acres, crop was not good on account of the neglect of the tenants and the reaming Ac. 1-50. cents was always 'beedu'. At the request of the landlord,. one Sri. M. ...
Shanta Bai Vs. Special Deputy Collector, Land Acquisition, Hyderabad
Court: Andhra Pradesh
Decided on: Jun-18-1970
Reported in: AIR1971AP117
ORDER1. The question that falls for consideration in this writ petition is as to the interpretation of Section 31 of the land Acquisition Act (hereinafter called 'the Act').2. A police of land comprising of 64 Guntas and 151/3 Guntas bearing S. Nos 911 and 912 in Malkajgiri village. Hyderabad District, was acquired for a public purpose. at that time, the husband of the petitioner was alive. An award was passed on 4-7-1967. The petitioner's husband dies, and therefore the petitioner herself filed an application before the Land acquisition Officer on 10-8-967 disputing the adequacy of compensation given under the award and seeking a reference to the Civil Court under Section 18 of the Act. It is stated that owing to the death of her husband the petitioner required some money to perform the obsequies. For this purpose. she withdrew the among of compensation from the Land Acquisition Officer. She withdrew the amount of compensation but did not mention there that she was doing sounder prote...
M. Parthasarthu and ors. Vs. the State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Jun-11-1970
Reported in: AIR1971AP49
ORDER1. Fourteen persons purport to file this writ petition. Though allof them signed the vakalt from onlyone of them signed and verified the writ petitionstating that he was doing so foir himself and onbehalf of other petitioners. A letter entitled 'authorisation latter' purporting to be under Rule 17 of the Civil Rules of Practice and Order 6, rule 14, Civil P.C. signed by petitioners 1 to 3 and 5 to 14 was also filed with the writ petition. It says:-'WE, the undersigned petitioenrs hereby authorise Sri G. Pattabhirama Sarma 4th Petitioner in Writ Petition No.1 of 1970 to sign and verify the writ petition on our behalf.'The Officer took an objection that all the petitioners shuld either sign and verify thewrit petition or theyshoudl file an affidavit or a Poer of Attorney authorising the 4th petitioner to sign and verify the writ petition.. It was objected that a mere letterof authorisation is not sufficietn compliance with the Rules. The learned counsel for the petitioner disagreed ...
E.A. Sriramayya and anr. Vs. D. Aswarthanrayana Gupta and ors.
Court: Andhra Pradesh
Decided on: Jun-11-1970
Reported in: AIR1971AP276a
1. A.S. Nos. 277 and 278 of 1965 are appeals against the decrees in O.S. Nos. 9 and 10 of 1962 on the file of the court of the Subordinate Judge, Anantapur the respective plaintiff in each suit being the appellant in the corresponding appeal. The plaintiff in O.S. No.10/62 . The defendants in the two suits are common. O.S. No.9/62 is laid on a promissory note dated 4-4-1961 (Ex. A-1) executed by late Dhonthi Bhimayya Chetty of Hindpur for a sum of Rs.10,000/- O.S. No.10/62 is laid on a promissory note dated 5-4-61 (Ex. A-5) executed by late Donthi Bhimayya Chetty for a sum of Rs. 10,000/-. The defendants in the two suits are the members of the joint family of which late Donthi Bhimayya Chetty was the manger before he died on 24-11-1961. It is the case of the plaintiffs that late Donthi Bhimayya Chetty borrowed a sum of Rs. 10,000/- in cash from each of the plaintiffs on 4-4-1961 and 5-4-1961, respectively. According to the defendants no amount was borrowed in cash on 4-4-1961 or 5-4-19...
Jammula Atchayya Vs. the Revenue Divisional Officer, Kovvur and ors.
Court: Andhra Pradesh
Decided on: Jun-11-1970
Reported in: AIR1971AP307
ORDER1. These application give rise to an important and interesting question of law of procedure as to whether the Revenue Divisional Officer, the Appellate authority under Section 16 (2) of the Andhra Tenancy Act (hereinafter called the Act ) is competent to dismiss an appeal for default of appearance of the appellant or his counselor he has to dispose of the appeal on merits notwithstanding the absence of the parties or their counsel.2. The brief facts leading to these writ petitions may be stated. The 3rd respondent in W.P.No.4107/69 was the original owner of about 6 acres of land situate owner of about 6 acres of land situate at Peddovam Village, Kovvur taluk, West Godavari District and the petitioner herein in both the writ petitions was the cultivating tenant since the year 1967 for an annual rent of Rs. 1,600/-. It is case of the landlord that AC. 2-09 cents out of the 6 acres of land owned by Lalita Devi, were sold for Rs. 13900/- to respondents 3 to 6 in W.P.No. 4109/69 on 12-...
Velagapudi Kanaka Durga Vs. District Collector, Krishna District, Chil ...
Court: Andhra Pradesh
Decided on: Jun-10-1970
Reported in: AIR1971AP310
ORDER1. The question that has to be answered in this writ petition is whether there should be fifteen clear days notice for holding an enquiry under Section 11 after issuing a notice or notices under Sections 9(3) and 10(1) of the Land Acquisition Act, 1894, (hereinafter called the Act). 2. The petitioner is the owner of Ac. 3-06 cents of land in Survey Number 80-3 in Prasadampady Village, Vijayawada taluk in Krishna District. She alleges that until she was given the notice under Sections 9(3) and10(1) of 19-8-968, she was not aware of any acquisition proceedings in respect of this land of Ac. 3-06 cents It however transpires and the same is evident from the counter-affidavit filed by the respondent that Section 4(1) notification and also the one under Section 17(4) dispensing with the enquiry under Section 5A were published in the official Gazette dated 29-9-1966. It was stated that the land was acquires urgently for providing houses to the houseless poor Harijans and consequently the...
Sree Venkateswara Swami Vari Temple, Katravuluapalli Vs. the Revenue D ...
Court: Andhra Pradesh
Decided on: Jun-10-1970
Reported in: AIR1971AP305
ORDER1. The third respondent-cultivating tenant was inducted into possession of Survey No.350/1 admeasuring Act. 7-40 cents wet situate at Katravulllapalli village, Peddapuram Taluk, East Godvarai District, belonging to Sri Venkateswaraswami Vari Temple of that village, by the temple authorities on August, 15, 1966 when he gave the highest bid of 110 bages of paddy per annum for faslis 1376 to 1381 at a public auction held in respect of those lands. An application under Section 6 of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (hereinafter called 'the Act' for fixation of fair rent at 3 bags paddy per year, was filed by the cultivating tenant before the Tashildar , Peddapuram on December 14, 1966. The application was contested by the petitioner. The tenant examined himself as P.W. 1 the neighboruing land-owners P.Ws. 2 and 3, and P.W. 4, the village Karnam in support of his case. The Petitioner herein examined R.W.1, who participated in the auction offering 105 bags per annum to ...
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