Andhra Pradesh Court July 1971 Judgments
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Sunki Reddi Vs. the State of Andhr Pradesh
Court: Andhra Pradesh
Decided on: Jul-30-1971
Reported in: 1972CriLJ1645
A.D.V. Reddy, J.1. The appellant had been convicted by the Sessions Judge Kurnool of the offence under Sections 147. I. P.C. and 302 read with 149. I. P.C.2. The case for the prosecution was that he along with four others formed themselves into an unlawful assembly on the night of 29th July. 1969 at 11 P. M. at the tea stall of one Bengari Narsanna, situate near Molagavalli Railway Station with the common object of causing the death of one Hariiana Narasanna a porter at Molagavalli Railway Station, and in pursuance of the said common object, committed the murder of the said Narasanna the same night.2A. The present accused was granted pardon under the provisions of Section 337 Cr. P.C. and he was examined as a witness in Sessions Case No. 1/69 That case ended in conviction in spite of this accused who was examined as a witness turning hostile and not conforming to his confessional statement. Thereafter on a certificate issued by the Public Prosecutor, a fresh case was registered against...
R. Kistayya and anr. Vs. the State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Jul-29-1971
Reported in: AIR1972AP279
ORDER1. These two writ petitions may be conveniently disposed f by a common order as they raise common questions.2. In Writ Petition No. 226 of 1971 the Abkari auctions in respect of Malakpet group of Sendhi shops were held in the month of August, 1970. The petitioners were the highest bidders at a monthly rental of Rs. 87,512/-. They have also deposited the three month rentals and two per cent earnest money on the annual rentals. In addition they also paid a sum of Rs. 64,670/- towards tree tax for the first cut. After they paid these amounts, they were granted the necessary licence on the basis of which they commenced selling sendhi from first October, 1970.3. In Writ Petition No. 227 of 1971 the auction was conducted in the month of August, 1970 for the Komati Kunta group of Sendhi shops. The petitioners were of Sendhi shops. The petitioners were the highest bidders at a monthly rental of Rs. 67,512/-. They also deposited three months rentals and two per cent earnest money. They fur...
Toddy Tappers Co-operative Society, Munapally and ors. Vs. State of An ...
Court: Andhra Pradesh
Decided on: Jul-29-1971
Reported in: AIR1972AP40
Obul Reddi, J.1. This appeal is directed against the judgment of our brother, Chinnappa Reddy, J./ in Writ Petn. No. 3260 of 1968, D/- 30-1-1969, dismissing the petition filed by the appellants herein under Art. 226 of the Constitution, for quashing the order of the Government in G. O. Ms. No. 1400, Food and Agriculture (Co-operative V) Department, dated 9-7-1968, confirming the order of the Regional Joint Registrar in Rc. No. 47168/67-12, dated 31-12-1967.2. The facts giving rise to this appeal area these. The appellants are members of the Managing Committee of the Toddy Tappers' Co-operative Society, Munappally Village, in Medak District. The Managing Committee of the Society. which the appellants represent, received a notice on 15-11-1967 from the Regional joint Registrar of Co-operative Societies, to show cause why the said Committee should not be superseded. In this notice, the grounds on which the suppression was proposed, were also stated. The explanation of the Managing Committ...
Agmiah Vs. the Joint Collector, Hyderabad and ors.
Court: Andhra Pradesh
Decided on: Jul-28-1971
Reported in: AIR1972AP44
Lakshmaiah, J.1. This Writ Appeal is directed against the decision of our learned brother, Chinnappa Reddy, J. rendered on 23-7-1969 dismissing of Writ Petition filed by the appellant herein seeking the issuance of a wit of certiorari for quashing the order passed by the Joint Collector, Hyderabad rejecting an application filed under sub-section (2) of S.15 of the Hyderabad Record of Rights in Land Regulation, 1358 F as not maintainable.2. The nature, extent and scope of the revisory jurisdiction under sub-section (2) of S. 15 of the said regulation is thus involved in the disposal of this matter.3. Sri Abdul Hamid Khan, the 3rd respondent herein filed an application before the Tahsildar under sub-section (3) of S. 4 of the Hyderabad Record of Rights in Land Regulation (referred to hereinafter merely as the Regulation) seeking the rectification of certain entries in the Khasra pahani praying for the deletion of the name of the appellant herein. The application was order by the Tahsilda...
The State of Andhra Pradesh Vs. T. Rajagopalachari and ors.
Court: Andhra Pradesh
Decided on: Jul-28-1971
Reported in: 1972CriLJ1267
ORDERChinnappa Reddy, J.1. These Criminal Revision Cases raise a common question. Seventeen charge-sheets were filed before the 8th City Magistrate. Hyderabad. The offences alleged in each charge sheet were those under Sections 120B 420 and 477A. I. P.C. The first accused in all the cases was common while the other accused were different. The first accused was, during the relevant period, the warehouseman in charge of the godowns of the Central Warehousing Corporation at Hyderabad. The other accused were persons who had either stored or purported to store their grain in the godowns of the Corporation. The case against the accused as stated in each of the charge sheets was that they entered into a criminal conspiracy to cheat the Corporation and the concerned Bank by getting false entries made in the account books of the Corporation both as regards the quality and the quantity of the grain stored in the godowns of the Corporation, by getting false receipts from the Corporation and by in...
The Special Officer, Municipal Corporation of Hyderabad Vs. Mohd. Noor ...
Court: Andhra Pradesh
Decided on: Jul-26-1971
Reported in: AIR1972AP46
Obul Reddi, J.1. This miscellaneous appeal is directed against an order of the III Additional Chief Judge, City Civil Court. Hyderabad, in I. A. No. 17/71 in O.l P. No. 164/71 granting an ex parte ad interim injunction as prayed for by the plaintiffs, respondents I to 7. The relevant facts leading to the filing of this miscellaneous appeal are these:---------Respondents 1 to 7 filed a petition, O. P. 164/71 for permission to sue the appellant, the Special Officer of the Municipal Corporation of Hyderabad, in forma paupers for recovery of possession of Acs. 5-35 juntas and menses profits of Rs. 85,668 and alternatively for damages of Rs. 20,41, 754/- towards ' land compensation.' Along with this petition they filed an application. I. A. 17/71 under Sections 151 and 94 read with O. 39, R. 1, Civil P. C. and section 37 of the Specific Relief Act seeking a temporary injunction directing the respondent (appellant) and his agent to deposit a sum of Rupees 7,56,619/- said to be the amount adm...
Wakf Board, Hyderabad and anr. Vs. Parvathi Bai and anr.
Court: Andhra Pradesh
Decided on: Jul-21-1971
Reported in: AIR1972AP333
Ekbote, J. 1. This is an appeal from the judgment, of our learned brother, Chinnappa Reddy, J., given in W. P. 3551 of 1968, on 4-2-1969 whereby the learned judge allowed the application and quashed the impugned order made by the Administrator of Wakfs, Hyderabad, dated 11-5-1968.2. The material facts are that the respondent, Shrimathi Parvathi Bai proposed to sell her shop buildings in the Patel Market situated to the south of the Mosque of Zahid Ali Shah on 20-11-1967 by advertising the same in the press. I the plans attached to the advertisement, the Southern wall of the mosque was shown as the northern wall of her shop buildings.3. One Sardar Ali Khan informed the Regional Officer of the Wakfs Board who inspected the area and reported that the southern Wall of the mosque was the property of the mosque and not that of Smt. Parvathi Bai; she cannot, therefore, sell the wall belonging to the mosque.4. The property, however, was not sold. Subsequently, Smt. Parvathi Bai applied for per...
Mudiam Oil Co. and ors. Vs. Income-tax Officer and ors.
Court: Andhra Pradesh
Decided on: Jul-21-1971
Reported in: [1973]92ITR519(AP)
Obul Reddi, J.1. In these two writ petitions, the constitutional validity of Section 40A(3) and (4) of the Income-tax Act, 1961 (hereinafterreferred to as 'the Act'), has been questioned on two grounds: (1) that it is ultra vires the powers of Parliament under entry 82, List I of the Seventh Schedule to the Constitution ; and (2) that it violates the fundamental right guaranteed under Article 19(1)(g) of the Constitution. Rule 6DD is also challenged on the ground that it is beyond the competence of the rule making authority and repugnant to Article 14 of the Constitution.2. To appreciate the tenability or otherwise of the contentions raised in these two writ petitions, it will suffice if we refer to the relevant facts stated in the affidavit filed in support of Writ Petition No. 4603 of 1970. The petitioners are all firms represented by their respective partners. They are merchants and commission agents. All of them are income-tax assessees. According to them, the -agriculturists bring...
Mullapudi Venkatarayudu Vs. Union of India (Uoi)
Court: Andhra Pradesh
Decided on: Jul-20-1971
Reported in: [1975]99ITR448(AP)
Vaidya, J.1. The petitioner is an assessee liable to pay Income-tax from the assessment year 1959-60, for the previous year ending with 30th September, 1958. The petitioner had been submitting the returns inpursuance of notices issued under Section 22(2) of the Indian Income-tax Act, 1922. The Income-tax Act of 1961 (hereinafter referred to as 'the Act') came into force from the 1st April, 1962, and the petitioner submitted his return pursuant to a notice issued by the Income-tax Officer under Section 139(2) of the Act. No return was filed by the petitioner under Section 139(2) of the Act and no action was taken by the Income-tax Officer against the petitioner in that behalf. For the assessment year 1963-64, the petitioner under a bona fide belief that he has to file the return after receipt of a notice under Section 139(2) of the Act, waited for such a notice. He got such a notice on 8th September, 1963, and sumitted his return in the prescribed form on 3rd October, 1963, Prior to the...
Manta Subbaramayya and ors. Vs. Batchu Narasimha Swamy and anr.
Court: Andhra Pradesh
Decided on: Jul-16-1971
Reported in: AIR1972AP186
ORDER1. These three Civil Revision Petitions are directed against the common order passed by the Learned Subordinate Judge. Nellore in C. M. A. Nos. 5, 6 and 7 of 1970, setting aside the common order passed by the Rent Controller staying the Rent Control Petitions, till the disposal of O. S. No. 99 of 1967 on the file of the Subordinate Judge's Court. Nellore.2. The material facts, giving rise to these petitions, are as follows: The petitioners in all these C. R. Ps. are tenants and the respondents, who are common to all there C. R. Ps. are the landlords, Respondents purchased the suit building by means of a registered sale deed dated 6-9-1968 for Rs. 47,500/- from Pateti Radhayya and Paritala Kanakamma. Petitioners are in occupation of three different portions of the said building as tenants. petitioner's were informed of the sale in favour of the respondents and the petitioners continued to pay the rents to the respondents. after execution of the sale deed in their favour in respect ...
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