Andhra Pradesh Court March 1971 Judgments
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Manne Venkata Narayudu and anr. Vs. Thammineedi Subba Rao and ors.
Court: Andhra Pradesh
Decided on: Mar-10-1971
Reported in: AIR1973AP113
Obul Reddi, J.1. Our learned brother, A. D. V. Reddy, J has referred this Civil Miscellaneous Appeal to a Division Bench on the ground that certain questions have not been considered by a Division Bench of this Court in Raja V. V. S. Raju Bhadur v. Official Receiver, : AIR1965AP451 . The relevant portion of the order of reference dealing with the questions said to have not been considered by the Division Bench reads:'The question whether it is only the father's right to private alienation that is terminated on attachment or the right of the other creditors and the court to go into the question whether the sons are also liable for the joint family debts due to the other creditors is also terminated by reason of the attachment has not been considered.xx xx xx xx xx xx xx xx xx If there had been no insolvency, they ( creditors ) could have filed suits impleading the sons for adjudication of their claims. On adjudication of the father as an insolvent they are entitled to file petitions un...
Garlapati Tulasamma Vs. Garlapati Lakshminarasamma and anr.
Court: Andhra Pradesh
Decided on: Mar-09-1971
Reported in: AIR1972AP52
ORDER1. The point that arises for consideration in this petition is whether in a suit which is allowed to be filed in forma pauperis, on the death of the plaintiff his legal representative can be dispaupered under Order 33, Rule 9, Civil P. c. on the ground that he or she has means to pay the court-fees.2. The plaintiff in the suit O. S. No. 191/52 on the file of 1st Additional Subordinate Judge, Vijayawada was allowed to file the suit in forma pauperis. As the suit was finally dismissed, he filed in appeal A. s. 98/61. During the pendency of the appeal, as the plaintiff died, his wife was brought on record as his legal representative. The defendant then filed this petition I. A. 628/69 under O. 33, R. 9, Civil P. C. to dispauper her on the ground that she has a house in Vijayawada worth R. 35,000/-. The widow who has been added as the legal representative of the deceased appellant, did not deny the same but contended that it is her Stridhana property and therefore this cannot be taken...
G. Ramanna Chowdary Vs. the Goverment of Andhra Pradesh Home (Transpor ...
Court: Andhra Pradesh
Decided on: Mar-04-1971
Reported in: AIR1972AP195
Sriramulu, J.1. These three writ petitions have been filed under Article 226 of the Constitution, for the issuance of a writ of certiorari quashing the order of the State Government passed in G. O. Rt. 2293, Home (Transport-III) Department dated 12-8-1969, confirming the order of the Appellate Authority, which in its turn confirmed the order of the Regional Transport Authority, Anantapur.2. The material facts, so far as they are relevant for appreciating the contentions raised, are:At its meeting held on 23-5-1961 the Regional Transport Authority, Anantapur considered the applications for the grant of a stage carriage permit on the route Rayadurg to Guntakal, and granted the permit to one Venkataswamy. The unsuccessful applicants preferred appeals to the Appellate Authority against the order of the Regional Transport Authority granting the stage carriage permit in favour of Venkata Swamy. The Appellate Authority set aside the grant of permit in favour of Venkata Swamy and granted the s...
N. Annajee Rao and Brother Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Mar-04-1971
Reported in: [1974]97ITR265(AP)
Kondaiah, J.1. The following two questions have been referred for the opinion of this court by the Income-tax Appellate Tribunal, Hyderabad Bench, under Section 66(1) of the Indian Income-tax Act, 1922 (hereinafter referred to as 'the Act'):'1. Whether, on the facts and in the circumstances of the case, the assessee is entitled to claim the sum of Rs. 38,394 as allowable under Section 10 of the Income-tax Act ? 2. Whether, on the facts and in the circumstances of the case, the assessee is entitled to claim Rs. 6,589 from April 1, 1959, to July 14, 1959, pertaining to the accrued profit allocatable to the deceased partner till his death is allowable as a deduction?' 2. For a proper appreciation of the scope of the reference, it is relevant and necessary to refer to the material facts that gave rise to the aforesaid two questions: M/s. N. Annaji Rao and Brother, Ongole (hereinafter referred to as 'the assessee') is a firm consisting of two partners, viz., N. Annaji Rao and N. Kuppu Rao, ...
Commissioner of Income-tax Vs. Ramchandar Shivnarayan
Court: Andhra Pradesh
Decided on: Mar-04-1971
Reported in: [1972]84ITR296(AP)
Kondaiah, J.1. This is a reference by the Income-tax Appellate Tribunal, Hyderabad Bench, under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as ' the Act '), for the opinion of this court on the following question:' Whether, on the facts and in the circumstances of the case, the assessee was entitled to the allowance of the loss of Rs. 30,000 '2. In order to appreciate the scope of the question, it is necessary to refer to the material facts that gave rise to the same. Messrs. Ramchandar Shivnarayan, Rajahmundry (hereinafter referred to as ' the assessee'), is a registered firm carrying on business in gold and silver, gunnies, etc. It also derives income from investment in Government securities. For the assessment year 1964-65 relevant to the accounting year ending with October 16, 1963, it returned a loss of Rs. 5,008 from the business. A sum of Rs. 50,000 for the purpose of purchasing Government securities was brought in cash to Rajahmundry, the place of busine...
Bommadevara Venkata Narasimharao Naidu Bahadur Garu and ors. Vs. State ...
Court: Andhra Pradesh
Decided on: Mar-01-1971
Reported in: AIR1972AP130
1. This appeal is filed by the plaintiffs against a judgment of the learned Subordinate Judge at Vijayawada dismissing the suit O. S. 96 of 1966. The suit was for a permanent injunction restraining the first defendant, the State of Andhra Pradesh and its Subordinates from interfering in any manner with the peaceful possession of the plaintiffs or their tenants. The learned Subordinate Judge found on issue No. 12 that the statutory notice under Section 80 of the Code of Civil Procedure is defective and dismissed the suit on that sole ground without recording findings on the other issues. The plaintiffs filed the above appeal against the said judgment.2. The only point that arises for consideration in this appeal is whether the notice issued by the plaintiffs under Section 80, Civil P. C. is bad. Prior to the suit, the plaintiffs issued a notice Ex A. 1 dated 17-4-1964 to the District Collector. Machilipatnam representing the State of Andhra Pradesh. The substance of the notice is that a...
N. Neelakanta Reddy and ors. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Mar-01-1971
Reported in: 1972CriLJ117
ORDERA.D.V. Reddy, J.1. These are petitions under Section 561A, Cr. P. C. to quash the proceedings pending before the Sub-Divisional Magistrate, Adoni. on a notice under Section 112 Crl. P. C. issued by him for binding them over to keep the peace as per the provisions of Section 107 Cr. P. C. An information was laid by the Inspector of Police, Adoni that there are longstanding factions in Ingaladhal. Baladur. Hebbatam and Mad-diligadhalli villages between groups of communities on account of water and other disputes leading to civil litigation and there have been riotings and arson. He had enumerated a number of past incidents giving rise to breach of peace. The Magistrate on being satisfied that there is likelihood of imminent breach of peace and disturbance of public tranquillity, issued two separate notices under Section 112 Cr. P. C. to the respondents enumerated therein being members of the opposite factions, to show cause as to why they should not be bound over to keep the peace f...
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