Andhra Pradesh Court March 1971 Judgments
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indukuri Satyanarayana Raju Vs. Katari Krishnam Raju and anr.
Court: Andhra Pradesh
Decided on: Mar-29-1971
Reported in: AIR1972AP192
1. The defendant in O. S. No. 11/1965 on the file of the Court of the Subordinate Judge, Eluru, is the appellant herein. The suit was filed by the two plaintiffs, the respondents herein, for declaration of their title to the plain-schedule property and for recovery of possession of the same together with future mesne profits.2. The plaintiff's case is that the defendant is the husband of their sister, Indukuri Ramaseethayamma, that they were married in the year 1947, that on 2-2-1951 under Ex. A-1, the plaintiffs and their father Narayana Raju, executed a registered settlement deed in favour of Ramaseethayamma giving her Ac. 2-00 in Survey No. 89/1 of Vadluru village with a right to enjoy the income from the said land during her lifetime, and that after her death, her children were to enjoy the same with absolute rights. Ramaseethayamma died on 7-9-1964 issueless. The plaintiff's therefore contended that they are entitled to the suit lands.3. The defendant contested the suit stating th...
Somsetti Lakshmi Narsimayya Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Mar-29-1971
Reported in: 1972CriLJ558
ORDERMadhava Reddy, J.1. This revision petition is filed by the accused in C, C. No. 64 of 1970 to quash a charge framed against him for an offence punishable, under Section 409 I. P. C.2. It is alleged that the accused as Secretary of a Co-operative Credit Society registered under the Andhra Pradesh Co-operative Societies Act (hereinafter referred to as 'the Act'), has committed criminal breach of trust in respect of the amount and property entrusted to him. The contention of Mr. Ravi Subba Rao, the learned Counsel for the accused is that the accused is not a public servant or a banker, merchant, factor, broker, attorney or agent and therefore, a charge under Section 409 I. P. C. cannot be framed. Even if all the facts alleged by the prosecution are proved, it may, at the most amount to an offence punishable under Section 406 or 408 I. P. C., and not under Section 409.3. The learned Public Prosecutor fairly conceded that the accused is not a banker, merchant, factor, broker, attorney,...
L. Machi Reddy Vs. the Wakf Board of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Mar-27-1971
Reported in: AIR1973AP73
1. This is an appeal from the judgment of the learned Addl. District Judge of Cuddapah given in a S.No. 122/69 on 4.8.1970 whereby the learned Additional District Judge allowed the appeal and decreed the plaintiff's suit.2. The facts which gave rise to this appear are that the Wakf Board, Andhrapradesh instituted the suit for recovery of possession alleging inter alia that the properties covered by Title Deed No. 490 are endowed to Peerlu and as such they constitute Wakf property belonging to the institution of Peerlu (Ashurkhana). It is further alleged that previously one Aggi Dastagiri Sab was the Mutwalli and manager of the said religious institution. The said Dastagiri Sab and his shareholders alienated items 1 and 2 viz., No. Nos. 328/1 and 328/3 of Tappetla village to one Machireddi, Karnam of Tappetla, the 1st defendant, under a sale deed dated 1.2.1943. The said Manager and his co-sharers also sold item 3 i.e., S.No. 453 of Tappetla village to the 2nd defendant under a sale dee...
Balaswaraswami Varu and anr. Vs. Mallidi Dorayya and ors.
Court: Andhra Pradesh
Decided on: Mar-26-1971
Reported in: AIR1972AP250
Parthasarathi, J.1. These two appeals from the decision of Ekbote, J., relate to identical subject-matter and concern the question of the grant of ryotwari patta consequent on the abolition of Gopalapuram Estate. The land in respect of which proceedings were taken by the Asst. Settlement Officer, is situate at the village of Gopalapuram.2. In Writ Appeal No. 187 of 1968 the appellants are deities represented by the trustee and he claims that ryotwari patta has to be granted to the deities. The rival claimants are the appellants in Writ Appeal No. 472 of 1968 and they advance the plea that they are the ryots entitled to the grant of a patta.3. Both sides are aggrieved by the decision of the Tribunal which came to the conclusion that neither the deities nor the tenants have established the right to the lands in question. The negation of their case by the Tribunal is based on its view that the land in question 'must have been once tanks'. The finding of the Tribunal is not stated in a pre...
Commissioner of Income-tax, A. P. Vs. Krishna Industrial Corporation L ...
Court: Andhra Pradesh
Decided on: Mar-26-1971
Reported in: [1973]92ITR261(AP)
KONDAIAH J. - At the instance of the Commissioner of Income-tax, Andhra Pradesh, the Income-tax Appellate Tribunal, Hyderabad Bench, has referred under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the following question for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the sum of Rs. 41,219 which represents 25 per cent. of the net profit of the Jeypore Sugar Company and received by the assessee-company is an item of revenue receipt liable to Income-tax ?'In order to appreciate the scope of the reference, it is necessary to refer to the material facts that gave rise to the aforesaid question : M/s. Krishna Industrial Corporation Ltd., Vuyyur (hereinafter called 'the assessee'), is a public limited company having its registered office at Vuyyur. Though it was mainly engaged in the manufacture and sale of carbon dioxide, it was permitted under the Industries (Development and Regulation) Act to erect a factory ...
S. Varadarajulu and anr. Vs. the District Revenue Officer, West Godava ...
Court: Andhra Pradesh
Decided on: Mar-25-1971
Reported in: AIR1972AP291
ORDER1. Twenty for elected councilors of the Eluru Municipal Counsel presented a notice of motion expressing want of confidence in the Chairman of the Municipal Council, under Section 46 (2) of the Andhra Pradesh Municipalities Act, to the Collector West Godavary at Eluru in person on 2-2-1971. The District Collector received the notice personally and put up a note to the following effect: 'D. R. O./PA. please examine and put up urgently. This was presented to me by Sri. N. Subba Rao, Sri Srirama Prasad, Sri K. Ramachandra Rao and Sri F. E. Burder personally today.'2. Thereafter a notice was issued by the District Revenue Officer Sri K. Satyanarayana in the following terms:'Whereas a written notice of intention to move a motion expressing want of confidence in the present chairman of Eluru Municipal Council Sri Toota Lakshmi Surya Satyanarayana signed by 24 councilors, has been delivered to the District Collector, West Godavari by Sri N. Srihari Rao, Sri Koma Ramachandra Rao and Sri. F...
Akkupalli Ramiah Vs. Pandeti Muneyya and anr.
Court: Andhra Pradesh
Decided on: Mar-25-1971
Reported in: 1971CriLJ1776
ORDERMadhavareddi, J.1. This revision petition has been filed against an order in C, M. P. No. 234 of 1970 filed by the complainant to send a document Ex- P3 to the handwriting expert for his opinion after comparing the same with the complainant's admitted signature.2. The complainant had proposed the candidature of one Krishnareddi atache Panchayat Elections. It is alleged ihat the accused filed his own nomination in the same constituency showing that the complainant had also proposed Ms name and affixed his signature on the nomination form. A complaint was registered for offences under Sees. 465 and 471, IPC and the complainant had examined his witnesses. Some of the complainant's witnesses were also lurther cross-examined. At that stage, when P.W. 2 was to be cross examined, the complainant filed C. M. P. No. 234 of 1970 requesting the court to send the admitted signature of the complainant and the disputed signature for the opinion of handwriting experts That was opposed by the acc...
Aziz Ahmed Khan Vs. I.A. Patel
Court: Andhra Pradesh
Decided on: Mar-24-1971
Reported in: AIR1974AP1
N. Kumarayya, C.J.1. This appeal arises out of a suit brought against the appellant herein for recovery of amounts together with interest thereon alleged to have been advanced to him by way of accommodation on two occasions for which separate receipts were obtained. The suit was registered on 13-9-1963. On 5-10-1963 which was the date fixed for the appearance of the defendant, the 3rd Additional Judge, City Civil Court at Secunderabad set the proceedings against him ex parte as he did not enter appearance in spite of service of summons and fixed the date for plaintiff's evidence as 9-10-1963. The plaintiff was the lone witness and the suit was decreed on that very day. Later the defendant applied for setting aside the ex parte decree by filing I. A. 489 of 1963 which was allowed. He filed his written statement on 14-2-1964 wherein he denied that any amount was advanced to him either on 29-10-1960 or 30-11-1960 by way of loan or any interest was agreed to be paid thereon.He did not, how...
Penguine Textiles Ltd. and ors. Vs. Andhra Pradesh State Financial Cor ...
Court: Andhra Pradesh
Decided on: Mar-24-1971
Reported in: AIR1971AP339
ORDER1. This petition raises a question relating to the scope of Article 228 of the Constitution.2. The Andhra Pradesh State Financial Corporation had lent a sum of Rs. 20 lakhs to the Penguine Textiles Ltd., on the hypothecation of their machinery another security under an agreement under which it was stipulated that the amount borrowed should be repaid in ten equal installments with interest with a further condition that in default of payment of any of the instalments the entire amount will become recoverable. Alleging such a default the Financial Corporation filed a petition O.P. No. 43/70 before the Chief Judge; City Civil Court, Hyderbad, for the recovery of the entire amount as per the provisions of sections 31 and 32 of the State Financial Corporation Act. The respondent company while setting out the reasons for its inability to repay the loan interms of the agreement also further contended that Sections 31 and 32 of the State Financial Corporation Act (hereinafter referred to a...
Siva Anjaiah Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Mar-24-1971
Reported in: 1971CriLJ1594
ORDERMadhava Reddy, J.1. After the charge was framed, as the witnesses for the prosecution were not produced for further cross-examination, the right to examine further witnesses on behalf of the prosecution was ordered to be forfeited by the First Class Magistrate, Kothagudem on 23-6-1970. On a petition filed on behalf of the State that order was set aside by a subsequent order dated 7-7-1970 and the prosecution was permitted to lead evidence'. The accused questioned that order in revision before the learned Sessions Judge, Khammam. That having been dismissed he has moved this Court Under Section 439, Cr.PC2. The learned Magistrate having forfeited the right of the prosecution to examine further witnesses and posted the case for the examination of the accused, acted illegally and without jurisdiction in setting aside that order. The order made by the Magistrate could have been set aside only in appeal or revision as the case may be. If he thought it necessary to examine further witnes...
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