Andhra Pradesh Court July 1970 Judgments
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Gundlapalli Mohan Rao and ors. Vs. Gundlapalli Satyanarayana and ors.
Court: Andhra Pradesh
Decided on: Jul-30-1970
Reported in: [1972]84ITR685(AP)
Obul Reddi, J. 1. The 1st defendant has preferred Appeal No. 430 of 1965, against the judgment and decree in O. S. No. 26 of 1956 and the plaintiff has preferred Appeal No. 188 of 1967 against the same decree to the extent his claim has been disallowed by the trial court. If Appeal No. 254 of 1966 is preferred by the legal representatives of the 1st defendant in O. S. No. 26/56, who happened to be the plaintiff in O. S. No. III of 1962. The 3rd defendant has preferred cross-objections in Appeals Nos. 430 of 1965 and 182/67 arising out of O. S. No. 26 of 1956.2. The main questions to be answered in these appeals are: (1) whether there was sufficient ancestral nucleus which formed the basis for the acquisition of the properties shown in A to D schedules attached to the plaint in O. S. No. 26/56? (2) If there was sufficient ancestral nucleus whether the plaintiff is entitled to a share in the suit schedule properties as claimed by him; and (3) whether, even if there was no sufficient ance...
Malakayya and anr. Vs. Avait Bhommayya and anr.
Court: Andhra Pradesh
Decided on: Jul-24-1970
Reported in: AIR1971AP270
1. The defendants in O.S. No.77 of 1967 on the file of the court of the Subordinate Judge , Nizamabad are the appellants in this appeal. The respondents, two in number filed the suit out of the which the appeal arises for declaration of their title to the suit property and for an injunction. The 1st respondent claimed that he was the adopted son and the 2nd respondent claimed that she was the widow of late Abbu, Abbu died on 19-11-1962 possessed of the suit property. According to the allegations in the plaint the 2 nd respondent claimed that she was the widow of late abbu. Abbu died on 19-11-1962 possessed of the suit property. According to the allegations in the palint the 2nd plaintiff was the wife of Abbu and the 1st plaintiff had been adopted about six months prior to the date of the adoption deed which was execuited by Abbu and the plaintiffs. therefore were forced to institute the suit. The defendants claimed to be the sons of Abbu's father's brother. They denied that the 2nd pla...
A. Sriamareddy and ors. Vs. the District Manager, Telephones, Hyderaba ...
Court: Andhra Pradesh
Decided on: Jul-23-1970
Reported in: AIR1971AP166
1. Four petitioners who were given telephone connections beyond the local area have assailed in the Writ petition the demand for an increased tariff from them on the basis of the revision of the local area from a date anterior to the date notice of the revision of local area.2. The Ist petitioner herein was given telephone connection on 31-5-1967. this connection fell one kilo-metre beyond the local area and, therefore, additional tariff of Rs. 18 per quarter was levied, It is on that basis that he accepted the connection. The tariff was revised from Rs. 18/- to Rs. 30/- per kilo-meter on 20-7-1967. For the payment of this tariff also, he has no objection. But the local area was revised with effect from 16-8-1967, according to which, the telephone connection given to the petitioner fell 7,4 kilometers beyond the local area. Then subsequently on 6-2-1968 a notice demanding a sum of Rupees 1,454/- per annum was issued to him on the basis of this revised local area and further calling upo...
K. Mohd. Osman Saheb and Co. Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jul-21-1970
Reported in: [1971]27STC303(AP)
Ramachandra Rao, J. 1. This is an application for the issue of a writ of prohibition directing the Commercial Tax Officer, Hindupur, to forbear from assessing the petitioner to tax or penalty under the Andhra Pradesh General Sales Tax Act for the year 1964-65. It appears that after filing of the writ petition, final assessment was made on 16th August, 1969. The petitioner therefore prays for the issue of a writ of certiorari for quashing the aforesaid order of assessment.2. The brief facts giving rise to this writ petition are as follows:The petitioner is a partnership firm, registered as a dealer under the provisions of the Andhra Pradesh General Sales Tax Act and the Central Sales Tax Act. It purchases hides and skins within the State and sells them within the State as well as in the course of inter-State trade and commerce. For the year 1964-65 the Commercial Tax Officer, Proddatur, made an assessment by his order dated 16th February, 1966, under Section 14(1) of the Andhra Pradesh ...
Nadikatla Anjanna and ors. Vs. Bandi Ramakrishna and ors.
Court: Andhra Pradesh
Decided on: Jul-17-1970
Reported in: AIR1971AP165
1. This appeal arises out of proceedings under Order 21, Rule 46 Civil P.C. Garnishees Nos. 1 to 5,8,9,11 and 12 are the appellants before the Court.2. In execution of a decree obtained by him on O.S. 18/64 on the file of the Subordinate Judge, Eeluru, the respondents herein applied in E.P. 188/66 to the Court of the First Additional District Munsif, Tannuku, for attachment under Order 21, Rule 46, Civil P.C. of a 1/5th share of the rent alleged to be due to the judgment-debtors from the appellants and 3 others in respect of certain properties held by them as tenants. Garnishees Nos.6, 7 and 10 filed counter denying that the are tenants in respect of any lands belonging to the Judgment-debtors . The other garnishees resited the application contending inter alia that they have already paid away whatever was due by them to the judgment-debtors and that there was, therefore, nothing more for being attached pursuant to the decree and that the attachment is, in any view. illegal as the debt...
Thallam Bala Subrahmanyam and ors. Vs. the State of Andhra Pradesh and ...
Court: Andhra Pradesh
Decided on: Jul-16-1970
Reported in: [1973]31STC498(AP)
Gopal Rao Ekbote, J.1. The short but important question urged in these cases is whether Sections 8 and 9 of the Central Sales Tax Act, 1956, are void and still-born. The argument is that in legislating these provisions the Parliament has abdicated the power to legislate and without applying its mind to the future legislation in imposing sales tax on inter-State transactions and in fixing the rates of tax and effecting exemptions, adopted the State laws which the State Legislature would in future in that behalf make. Strong reliance was placed in support of that contention on Shama Rao v. Union Territory of Pondicherry A.I.R. 1967 S.C. 1480.2. In order to appreciate the implications of this contention, it is necessary to carefully read Sections 8 and 9 of the Act in so far as they are relevant:8. (1) Every dealer, who in the course of inter-State trade or commerce-(a) sells to the Government any goods ; or(b) sells to a registered dealer other than the Government goods of the descriptio...
Mohd. Siddique Ansari Vs. the Chairman, Disciplinary Proceddings Tribu ...
Court: Andhra Pradesh
Decided on: Jul-15-1970
Reported in: 1971CriLJ866
ORDERChinappa Reddy, J.1. This is quite extraordinary application. The petitioner has invoked the jurisdiction of this Court Under Section 561. A of the Code of Criminal Procedure to have the enquiry into a proceeding before the Chair, man, Disciplinary Proceedings Tribunal stayed pending disposal of a case before the Special Judge, S. P. E, Cases, Secunderabad. The disciplinary proceedings pending before the Chairman, Disciplinary Proceedings Tribunal were launched against the petitioner under the Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal) Act, 1960 in respect of a trap said to have been successfully laid against the petitioner by one Munnuswamy Naidu then D. S. P. of the Anti.corruption Bureau. Munnuawamy Naidu has since retired from service. After Mumiuswami Naidu'a retirement from service the petitioner Sled a complaint against him for offence Under Sections 5(1)(c) and 5(1)(d) ad with Section 5(2) of the Prevention of Corruption Act before the Special Judge....
Mallampalli Mallikarjuna Rao and anr. Vs. Godavarthi Seshamma and anr.
Court: Andhra Pradesh
Decided on: Jul-10-1970
Reported in: AIR1971AP298
ORDER1. These two revision petitions arise out of the proceedings under the Andhra Pradesh Building under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act.2. The facts that have given rise to the two petitions may briefly be stated. On 5-11-1963 the landlord presented an application for the enhancement of the rent. The petition for enhancement A.B.A. No . 42 of 1963, was decided on 27-4-1965. The leased premises consist of two distinct parts, one used for a residential purpose and the other for a non-residential purpose and the other for a non-residential purpose. The premises are situate in an important locality at Tenali. It is borne out by the evidence that the Indian Bank is located opposite the leased premises. The Post Office is located in the immediate vicinity. Form the evidence one can easily gather that there is a good deal of business activity around the leased premises, not to speak of the admission that part of the leased premises had been used as godown...
V. Seetha Rama Raju Vs. K. Venkata Narsamma
Court: Andhra Pradesh
Decided on: Jul-08-1970
Reported in: AIR1971AP408
ORDER1. The short point in this revision petition is, whether the order of the lower Court, by which the issues were recast is materially irregular. In order to perspective, the essential facts have to be stated.2. O. S. No. 332 of 1966 on the file of the 1st Additional District Munsif, Kovvur was laid by the respondent on foot of her title; and the main relief sought is recovery of possession of a vacant site, which is part of R .S.No 108 situate at the village of Kannapuram in West Godavari District. The plaintiff claims to be owner of an extent of Ac. 2-54 cents comprised in the filed bearing the abovementioned survey number. She was granting portions of the land to poor persons at their quest. The grants were being evidenced by the letters which the plaintiff was obtaining from the grantees. It is pleaded by her that at about 15 years ago, the defendant asked for permission to occupy portion of the land, of the extent of 6 cents. The defendant was accordingly allowed to occupy the ...
Chand Begum Vs. Hyderabaig
Court: Andhra Pradesh
Decided on: Jul-08-1970
Reported in: 1972CriLJ1270
ORDERChinnappa Reddy, J.1. This is a reference by the learned Sessions Judge of Nizamabad under Section 438. Criminal P.C. Chand Begum, wife of Hyder Baig filed a petition under Section 488. Criminal P.C. against her husband claiming maintenance at the rate of Rs. 100/- per month. She alleged that her husband was always illtreating her. that she was compelled to file a petition for maintenance on an earlier occasion also and that her husband induced her to come back to him promising to treat her well but that he started illtreating her again. About three years prior to the filing of the petition he took her to the house of her parents and left her there and did not care about her afterwards. He Went to the length of foisting false case of theft against her father and brothers. She also mentioned that the husband had married again. The husband admitted the second marriage. In the counter filed by the husband, while denying the allegations made by the wife he stated that his wife left hi...
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