Andhra Pradesh Court April 1971 Judgments
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Ganta Appalanaidu Vs. Ganta Narayanamma and ors.
Court: Andhra Pradesh
Decided on: Apr-21-1971
Reported in: AIR1972AP258
1. Ganta Narayanaswamy who owned the suit properties died in the year 1962 leaving behind him a son (plaintiff) and daughter (2nd defendant) by his pre-deceased first wife, his second wife (the first defendant) and a daughter (3rd defendant) by the second wife. The plaintiff was divided from his father even during the latter's lifetime. The present suit relates to the properties which fell to the father's share at the time of division. The plaintiff claims that on his father's death he is entitled to a 1/4th share in the suit properties. He bases his claim on the provisions of Section 8 of the Hindu Succession Act. The second defendant supports the case of the plaintiff, while defendants 1 and 3 plead that Section 6 and not Section 8 applies and the plaintiff, a divided son, cannot succeed as an heir. The plaintiff's suit was decreed by the trail Court and dismissed by the appellate Court. He has preferred this second appeal.2. The only question for consideration is whether Section 6 o...
Yedireswarapu Veeramma and anr. Vs. Reddipalli Surudamma and ors.
Court: Andhra Pradesh
Decided on: Apr-14-1971
Reported in: AIR1972AP161
Vaidya, J.1. This writ appeal arises out of a decision rendered by our brother. Obdul Reddi, J, in Writ Petn. No. 806 of 1967 (Andh Pra). The appeal has been referred to the Full Bench by an order of the Division Bench consisting of Gopal Rao Ekbote and Ramachandra Rao, JJ., D/- 13-8-1970. The order of reference reads:'This appeal raises some important questions in regard to the Inams Abolition Act and is likely to affect a large number of cases. We therefore feel it necessary to refer it to a Full Bench for an authoritative pronouncement on this important matter.'2. By the order of reference, the whole of the appeal has been referred to us.3. Two questions arise in this appeal and they are: (1) Whether the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act (Act No. 37 of 1956), hereinafter referred to as the 'Inams Abolition Act' effect the effacement of the inam tenure on the date of the passing of the act, or merely enables the conversion of the tenure u...
Muthabathula Arjayya Vs. Rambala Venkata Surya Gopala Krishanamurthy a ...
Court: Andhra Pradesh
Decided on: Apr-14-1971
Reported in: AIR1974AP240
Vaidya, J.1. The plaintiff-appellant in this Second Appeal filed a suit for specific performance of an agreement of sale executed by the 2nd respondent, Ist defendant in the suit, on 24th October , 1960 after obtaining full consideration for the sale from the plaintiff. The appellant was also put in possession of the suit property. It is agreed between the parties that the 2nd respondent will execute a sale deed within a period of two years. The case of the appellant is that the period of two years was stipulated in the agreement of sale as that was thought to be sufficient period in which the 2nd respondent would obtain a Ryotwari patta under the provisions of Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act , hereinafter referred to as 'the Inams Abolition Act' . The 2nd respondent obtained the patta ; but instead of executing a sale deed in favour of the appellant , executed it in favour of the Ist respondent , the 2nd defendant in the suit. The appell...
A. Ramchander Rao and ors. Vs. M. Krishniah and anr.
Court: Andhra Pradesh
Decided on: Apr-12-1971
Reported in: 1972CriLJ1130
ORDERMadhava Reddy, J.1. An enquiry against the petitioners 1, 2 and 3, who are Sub-Inspector of Police, Police Head Constable and Police Constable, respectively, of Wanaparthy Police Station, was being held in P. R. C. No. 1/70 for offences under Sections 218. 220 and 342 read with 108, I. P.C.2. According to the prosecution, the offence is alleged to have been committed on 17-7-1969 at 6.00 a.m. The complaint was filed on 3-2-1970. An objection was raised in the said P. R. C. Proceedings that Section 31 of the Hyderabad District Police Act is a bar to the filing of a complaint after 3 months of the alleged commission of the offence. The learned Judicial 1st Class Magistrate. Wanaparthy by his order dated 4-8-1970 rejected the contention having regard to the decision of the Supreme Court in Maulud Ahmad v. State of Uttar Pradesh (Subba Rao, J.) 1964-2 Cri LJ 71 (SC). The accused carried the matter in revision before the learned Sessions Judge, Mahbubnagar who by his order dated 23-9-1...
B. Rami Reddy and ors. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Apr-12-1971
Reported in: 1971CriLJ1591
ORDERMadhava Reddy, J.1. This is a petition by the accused to revise the order made by the Judicial First Class Magistrate, Gooty, in Cri. M. P. No, 751/70 directing the accused to give specimen handwriting to the Investigating Officer in Crime No. 167/70 of the Gooty Police Station.2. Mr. Sadasiva Reddy, learned Counsel for the petitioner contended that directing the accused to give his specimen signatures for the purpose of investigating an offence alleged to have committed, amounts to testimonial compulsion offending Article 20(3) of the Constitution of India. The Supreme Court in M. P. Sharma v. Satish Chandra (Jagannadhadas J.) : 1978(2)ELT287(SC) observed that: 'Article 20(3) embodies the principles or protection against compulsion of self-incrimination which is one of the fundamental canons of the British system of criminal jurisprudence and which has been adopted by the American system and incorporated as an article of its Constitution. It has also, to a substantial extent, bee...
Soni Hinduji Kushalji and Co. Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Apr-08-1971
Reported in: [1973]89ITR112(AP)
Obul Reddi, J.1. Two questions have been referred to this court under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act ') and they are :' 1. Whether the Tribunal is justified in law in disallowing the sum of Rs. 56,978 claimed as a business loss for the assessment year 1963-64 ? 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the loss of Rs. 56,978 should have been claimed in the year in which the Collector has passed the order, but not when the Supreme Court has passed the order 2. If our answer to the first question is in the affirmative then the second question will not arise for consideration.3. The facts necessary for determination of the questions are these : The petitioner is a firm doing business under the name and style of M/s. Soni Hinduji Kushalji & Company at Adoni. It is registered both under the Partnership Act as well as under Section 26A of the Act and carries on business ...
Chaganlal Vijayawargiya Vs. Astor Quisth and anr.
Court: Andhra Pradesh
Decided on: Apr-06-1971
Reported in: AIR1972AP49
Gopal Rao Ekbote, J.1. These are the revision petitions filed against the order of the Chief Judge, City Civil Court, Hyderabad made in I. A. Nos. 18888 to 1891 of 1970 in O. P. Nos. 291, 292, 297 and 298 of 1970 on 10th November, 1970.2. The arterial facts are that the respondents herein made applications to the Chief Judge. City Civil Court, Hyderabad under Section 10 of the Guardians and Wards Act, 1890 (hereinafter called the Act) for appointing them as guardians alleging inter alia that after the custody of the children is given to them as guardians, they intended o adopt the children and act as foster parents.3. After the petitions were filed, it was published in The Hindu, calling for objections, if any, from persons interested in the children.4. The petitioner who is the Secretary Arya Prathinidhi Sabha. Hyderabad filed applications I. A. Nos. 888 to 1891 of 1970 requesting the Court to implead him as party to the petitions. He alleged that the Arya Prathinidhi Sabha runs regul...
Kumar and anr. Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Apr-06-1971
Reported in: 1973CriLJ403
Obul Reddi, J.1. These two an peals. Criminal Appeal No. 288 of 1970 preferred by the State, and Criminal Appeal No. 887 of 1969 preferred by the two appellants (A-1 and A-2) arise out of the judgment of the Additional Sessions Judge. Hyderabad in SC No. 62 of 1969 on his file.2. The facts necessary for the disposal of these two anneals, may be briefly set out. A section of the students joined the agitation started for a separate State for Telangana area. The Commissioner of police had issued Prohibitory Orders banning all kinds of meetings and processions without his prior permission. A meeting of 'Telangana Praia Samithi' was held on 6.4.1969 and there was police bandobust to prevent any untoward incident. The case of the prosecution is that A-1 and A-2 and A-4 had conspired to hurl explosives at the police parties stationed for 'Bandobust' in the disturbed areas of Secunderabad. These three accused sought the co-operation of A-3 who is said to have experience in the preparation of e...
Swarajyawati Vs. L.B. Munnalal and anr.
Court: Andhra Pradesh
Decided on: Apr-06-1971
Reported in: 1972CriLJ291
ORDERMadhava Reddi, J.1. The wife was awarded maintenance under Section 488 Cr.P.C. Subsequently the proceedings under the Hindu Marriage Act for restitution of conjugal rights were initiated by the husband in which the wife was awarded interim maintenance under Section 24 of the Act. Having regard to the said order directing the payment of interim maintenance, the respondent filed a petition for cancellation of the maintenance order made under Section 488 (1) Cr. P. C. The learned Magistrate has allowed that petition. On a revision petition filed by the wife before the Chief City Magistrate, Hyderabad he has made a reference to this Court to set aside the order of cancellation made by the Magistrate.2. When it is not disputed that the petition for restitution of conjugal rights filed under the Hindu Marriage Act is still pending and the maintenance that has been awarded to the wife is only interim maintenance under Section 24, it cannot be postulated that the husband would necessarily...
G. Sreerama Murthy Vs. Income-tax Officer, A-ward
Court: Andhra Pradesh
Decided on: Apr-05-1971
Reported in: [1974]97ITR290(AP)
Sriramulu, J.1. By this writ petition, filed under Article 226 of the Constitution of India, the petitioner seeks a writ or direction prohibiting or restraining the Income-tax Officer, Rajahmundry, from proceeding further in pursuance of notice dated December 11, 1970, issued under Section 148 of Income-tax Act, 1961, proposing to reopen the assessment for the assessment year 1965-66 and requiring him to file a return of income for the said assessment year.2. The case as set up by the petitioner in his affidavit is as follows :The petitioner is a partner of Sri Venkateswara Ferry Company. His individual assessment for the assessment year 1965-66 was completed after a thorough scrutiny of the account books. On March, 17, 1970, the income-tax officials raided the business premises of the said firm and also the houses of seven of its partners including that of the petitioner. No incriminating material was found in his house. The firm did not conceal any income. The incriminating material ...
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