Andhra Pradesh Court August 1970 Judgments
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Gangabai and ors. Vs. Srinivasa Rao
Court: Andhra Pradesh
Decided on: Aug-31-1970
Reported in: AIR1971AP293
1. By an agreement dated 11-9-1963 the defendant agreed to convey to the plaintiff Ac. 10-30 guntas of land situated in the village of Madnoor, for a consideration of Rs. 10,500/- On the date of the agreement the vendor received a sum of Rs.5,500/-. It provided taht the balance of the purchase-money was payable in five instalments. A sum of Rs, 3,000/- was payable on or before the 31st January, 1964 and the balance of Rs.2,000/- was to be paid in four equal instalment by the Telugu New Year's day in each of the years from 1965 to 1968, both inclusive. The agreement recites that the vendee has agreed that in case of the default he shall have no rights to the land. It further provided that after the payment of the 1st instalment the Vendor was to execute a deed of sale if called upon to do so.2. The amount of Rs. 3,000/- payable before the expiry of January, 1964 was not paid within the time specified. But it is common ground that on the 19th March and 30th September, 1964 the Vendor rec...
A. Ramachandran and anr. Vs. Narasaraopet Electric Corporation Ltd. an ...
Court: Andhra Pradesh
Decided on: Aug-26-1970
Reported in: [1972]42CompCas182(AP)
ORDERNarasimham, J.1. This is a petition under Section 433 of the Companies Act, 1956 (Act 1 of 1956), for the winding up of the Narasaraopet Electric Corporation Ltd.2. The two petitioners are the preference shareholders each of them holding 100 preference shares, each of Rs. 50 fully paid up. The 1st respondent to this petition is the Narasaraopet Electric Corporation Ltd., represented by its managing director, Sri G.V. Subbarao, and the 2nd respondent is G.V. Subbarao.3. The material averments in the petition are these :--The Narasaraopet Electric Corporation Ltd., hereinafter to be referred to as the company, was registered under the Indian Companies Act, 1913, in 1935 as a public company limited by shares. The registered office of the company was at Guntur in Andhra Pradesh. The nominal capital of the company was Rs. 1,50,000 divided into equity shares and preference shares, 2,000 equity shares were fully paid up and 1,000 preference shares were fully paid up. The object of the co...
Gadde Venkateswara Rao Vs. K. Venkata Rao and anr.
Court: Andhra Pradesh
Decided on: Aug-25-1970
Reported in: AIR1972AP120
1. This application under Art. 226 of the Constitution of India, gives rise to a short question of law. whether election court competent to decide the election disputes arising under the Andhra Pradesh Gram Panchayats Act, 1964 is or is not empowered to grant a temporary injunction under Order 39, Rule 1 and Section 151 of the Code of Civil Procedure restraining the successful candidate for the election of a member or sarpanch of a gram panchayat, pending disposal of the disputes before it. 2. The material facts are not only not in dispute but lie in a short compass may be stated; The petitioner was elected as a member and subsequently as the sarpanch of the gram panchayat of Varni in the district of Nizambad at the general elections held on June 7, 1970, to function from July, 1 1970 for a period of five years. An election petition, O. P. No. 10 of 1970 was filed on the file of the Election Court District Munsif, Bodhan by the Ist respondent challenging the validity of the election of...
Kazim Jawaz Jung Vs. Mir Mohamad Ali Jaferi and anr.
Court: Andhra Pradesh
Decided on: Aug-24-1970
Reported in: AIR1972AP70
1. This appeal is filed by a garnishee against an order passed by the learned Fourth Additional Judge, City, Civil Court, Hyderabad directing him to deposit a sum of Rs. 6953-81 into court by 16-9-1965. The decree-holder in O. S. No. 50/61 levied execution against his judgment-debtor for recovery of money due under the decree. In order to realise the decree amount, the decree-holder obtained a prohibitory order restraining the judgment-debtor's garnishee from paying the amount due to the judgment-debtor. Though the garnishee was absent in the first instance, he was finally permitted to file an affidavit in which we disputed his liability to the judgment-debtor. But on a consideration of the pleas advanced by the garnishee, the court below held against him and directed him to produce the amount into court as required by the decree-holder. Aggrieved by the said order, the garnishee filed the above appeal. 2. The circumstances under which the garnishee is sought to be made liable are as f...
O.C. Ranganna and anr. Vs. the Secretary, Regional Transport Authority ...
Court: Andhra Pradesh
Decided on: Aug-21-1970
Reported in: AIR1971AP265
ORDER1. This is a petition under Art. 226 of the Constitution directed against the variation of the route for the stage carriage, A.P.A. No.1885 granted by the Regional Transport Authority in the proceedings of the Secretary, D. Dis. No.2062/A1/68, dated 7th January, 1969.2. The facts are these: The petitioners are transport operation plying stage carriage in the Districts of Anantapur and Cuddapah. They ply on interdistrict routes and on the common sector, Kondapuram to Tadpathri, a distance of 18 miles The 2nd respondent herein, a transport operator, plies the stage carriage A.P.A. No.1885 on the route 'Tadapathri to Kalyandurg'. He applied for a variation of the route to the Regional Transport Authority, Anantapur, by an extension form Tadpathri to Proddatur. The Regional Transport Authority, Anantapur, purported to grant the variation by a resolution dated 20-9-1968 in his Rc. No. 2062/A1/68. It would appear that the resolution was forwarded to the Regional Transport Authority, Cud...
Y. Venkata Subamma Vs. the Regional Transport Officer, Krishna Distric ...
Court: Andhra Pradesh
Decided on: Aug-21-1970
Reported in: AIR1971AP414
ORDER1. This application by the petitioner under Article 226 of the Constitution is to quash the demand notice issued by the Licensing authority vijayawada in Rc. No. 21340/B1/69, dated 27-1-1970 for payment of Rs. 4410-00 and Rs. 2205-00 towards the balance of tax and penalty respectively, on or before 31-3-1970 for the quarter ending June, 30, 1969.2. The material facts which lie in a short compass may be stated:The petitioner's vehicle A.P.G. No. 2587 was engaged by one Sri P. Ramarao on contract to ply it from Bantumilli to Viswanathapalli temple via. Massulipatnam Avanigadda etc. The temporary permit was valid from 26-6-1969 to 27-6-1969. On June 26, 1969, the Regional Transport Officer, Flying Squad, Guntur checked the petitioner's vehicle while it was proceedings to Viswanathapalli from Bantumilli. It was found to contain 64 passengers i.e., 15 more than its capacity. It is mentioned in the check report that the contractor was taking different parties collecting fares and the dr...
Bussa Ansuya Vs. Bussa Rajaiaha
Court: Andhra Pradesh
Decided on: Aug-13-1970
Reported in: AIR1971AP296
1. Although the question raised in this appeal could have been raised after final decision by the Court of first instance, the appellant has chosen to prefer this appeal and raised the question whether the execution application is maintainable. The facts are that a decree for maintenance was obtained by a Hindu wife against her husband. The enforcement of the decree is sought by the execution petition presented by the wife. The husband's plea in answer to the petition was that after the decree, the wife came to live with him and consequently the entire proceedings including the decree must be deemed to be no longer effective.2. The District Munsif held that the plea of the husband being in the nature of a post-decretal arrangement which was not certified to the court, the levy of execution could not be denied. On appeal, the learned District Judge held that if, in fact there was a resumption of cohabitation, the decree ceases to be exeuctable. The opinion of the learned District Judge ...
The Depot. Manager, A.P.S.R.T. Corporation Secunderabad Depot Vs. M. M ...
Court: Andhra Pradesh
Decided on: Aug-07-1970
Reported in: AIR1971AP144
1. This revision has arisen out of the Judgment of the Chief Judge, City Civil Court, Hyderabad passed in a civil miscellaneous appeal which was against an order passed by the Authority under the payment of Wages Act. The petitioner herein is the Depot Manager, Andhra Pradesh State Road Transport Corporation Secunderabad depot. The respondents are said to be casual drivers who were employed by the said Corporation . The respondents have filed an application before the Authority under the payment of Wages Act Hyderabad claiming a sum of Rs. 398-08 np. as overtime wages payable to them for them for the work done on weekly days of rest. The said application was contested by the petitioner Corporation on the ground inter alia that the respondents were only casual employees during the claim period and as such they are not entitled to weekly days of rest as provided under the Motor Transport Workers Act, 1961 and therefore they are not entitled to double the wages towards overtime work done ...
K. Nagappa Vs. T.D. Krishansa and anr.
Court: Andhra Pradesh
Decided on: Aug-07-1970
Reported in: AIR1971AP243
ORDER1. This revision petition arises out of proceedings taken by the two respondents herein under the Andhra Pradesh Buildings (Lease, Rent and Eviction Control) Act, 1960 (hereinafter referred to as the 'Rent Control Act'). The two respondents are undivided brothers and they constitute a joint Hindu Family and are owners of a house bearing No. 65/66 (corresponding to new Nos. 5-2-434, 435 and 440) situate in Hyderbasti, Secunderabad. The building was let out to the petitioner herein on a monthly rental of Rs. 100/- for residential purpose a long time ago for residential purpose a long time ago i,e., the petitioner has been in occupation of the building as a tenant since the year 1948. The respondents have another building, situate in another locality called Pan Bazaar, of their own and they were using it for the residential purpose of both using it for the residential purpose of both the respondents previously. On the ground that the respondents require the building let out to the pe...
Lakshminarayana Commercial Corporation and ors. Vs. the Commercial Tax ...
Court: Andhra Pradesh
Decided on: Aug-06-1970
Reported in: [1972]29STC527(AP)
Gopal Rao Ekbote, J. 1. In this batch of writ petitions, the validity of Section 30-B of the Andhra Pradesh General Sales Tax Act (6 of 1957) hereinafter called 'the Act', is challenged. Section 30-B read as follows :(1) If any person-(a) not being a dealer liable to pay tax under this Act, collects any sum by way of tax, or being a dealer collects any amount by way of tax in excess of the tax payable by him, or otherwise collects tax in contravention of the provisions of Section 30-A, or (b) being a dealer liable to pay tax under this Act, or being a dealer who was required to do so by the prescribed authority by a notice served on him fails in contravention of Section 25 to keep a true account of the value of the goods purchased or sold by him, or fails when directed so to do under that section to keep any accounts or records in accordance with the directions, he shall be liable to pay, in addition to any tax for which he may be liable, a penalty of an amount not exceeding two thousa...
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