Andhra Pradesh Court August 1971 Judgments
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Sanjeeva Reddi Vs. Johanputra Reddi
Court: Andhra Pradesh
Decided on: Aug-30-1971
Reported in: AIR1972AP373
ORDER1. This revision is directed against the order of the subordinate Judge, Mahbubnagar admitting two documents, an unregistered sale deed and an unregistered adopted deed subject to the payment of stamp duty and penalty as required under proviso (a) to Section 35 of the Indian Stamp Act.2. The fats as appear from the order of the subordinate Judge are these: The 2nd defendant in the suit (petitioner herein) wanted to press into service two documents, an unregistered sale deed and an unregistered adoption, deed to prove the signature of the plaintiff appearing either as a scribe or an executant as the case may be of the said sale deed or adoption deed. That was opposed by the plaintiff on the ground that the two documents are document chargeable with duty and inasmuch as they are unstamped, they cannot be admitted in evidence for any purpose under Section 35 of the Act. The case of the petitioner (2nd defendant) was that he is not seeking to use the documents for the purpose for whic...
Smt. Komanduri Seshamma Vs. Appellate Controller of Estate Duty
Court: Andhra Pradesh
Decided on: Aug-27-1971
Reported in: [1973]88ITR82(AP)
Sriramulu, J.1. The legality and the Validity of the estate duty assessment are challenged in this writ petition.2. One K.V.L.N. Anantha Narayana Deekshitulu, who was the karta of the Mitakashara Hindu undivided family consisting of himself, his wife, two sons and daughter, died on 23rd October, 1968. The writ petitioners, who are the legal representatives of the deceased, are accountable for the payment of estate duty in respect of the property that passed on the death of the deceased. They filed a statement of account of the property in respect of which estate duty was payable as required by Section 53 of the Estate Duty Act (hereinafter called 'the Act'). The value of the properties of the Hindu undivided family was determined by the Assistant Controller of Estate Duty at Rs. 2,83,209 and the value of 1/3rd interest of the deceased in those properties at Rs. 94,403. For the purpose of determining the rate at which the property that passed on the death of the deceased was to be taxed...
Grandhi Raghurama Gupta, Markapur Vs. Revenue Divisional Officer, Mark ...
Court: Andhra Pradesh
Decided on: Aug-25-1971
Reported in: AIR1973AP174
Lakshmaiah, J.1. This writ appeal is preferred against the order dated August 25, 1969 passed by our learned Brother Kondaiah, J., allowing Writ Petition No. 2201 of 1969.2. The writ petition was filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to quash the resolution No. 80 of the Municipal Council, Markapur, dated June 25, 1969, relating to the motion of no-confidence in the appellant herein.3. The sanctioned strength of the Municipal Council Markapur is twenty. The election of the Members of that Municipal Council took place in the month of September, 1967, the period of office of the council being five years. Twelve councilors of the aforesaid Municipal Council issued a written notice under sub-section (2) of Section 46 of the Andhra Pradesh Municipalities Act, 1965 ( referred to hereafter merely as ' the Act ' ), to the Revenue Divisional Officer, Markapur, the first respondent herein, expressing their intention to make a motion of want...
Kakkera Peda Audeyya and ors. Vs. Revenue Divisional Officer and ors.
Court: Andhra Pradesh
Decided on: Aug-25-1971
Reported in: AIR1972AP329
Krishna Rao, J. 1. This appeal is filed against the order of our learned brother Chinnappa Reddy, J., dismissing Writ Petition No. 310 of 1967.2. The writ Petition is filed under Article 226 of the Constitution of India to quash an order of the Revenue Divisional Officer, Narasaraopet dismissing an application filed by the petitioners to excuse the delay in filing an appeal before him under the provisions of the Andhra Inams Abolition Act, hereinafter referred to as 'the Act', and in the alternative to quash the patta issued by the Inams Tahsildar on 24-8-1966.3. The dispute is as regards certain service Inam lands bearing S. No. 52 about Ac. 5-77 cents in extent, T. D. No. 1114, situate in the village Pasumarru. An enquiry under Section 3 (1) of the Andhra Inams Abolition Act, 1956 was conducted, as a result of which it was held that the Inam lands belong to individuals situated in a ryotwari village The decision under Section 3 was duly published on 30-10-1961.4. Therefore Respondent...
U. Kashaiah Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Aug-13-1971
Reported in: 1972CriLJ1549
ORDERA.D.V. Reddy, J.1. This is a classic instance of what is popularly known as 'Laws delays' for which the Courts are often blamed. For an offence committed in 1957-58 Crime No. 174/59 was registered by the Police and a charge sheet was filed on 15-3-1960 and the case P. R. C 14/64. ended in committal to the Court of Session by an order of the VI City Magistrate on 28-9-1964. That case is still at the stage where even the trial by the Court of Session has not been taken up though 12 years have elapsed from the date of alleged commission of offence and about seven years have elapsed from the committal to the Sessions Court.2. The case against the accused is that A-l who was an Accountant and A-2 who was a cashier in the Nizam's College at Hyderabad, entered into a criminal conspiracy to dishonestly misappropriate certain amounts from the College funds relating to scholarships by drawing a second time scholarships already paid to the scholarship-holders as if they were not so paid, and...
Kolisetti Venkaiah Vs. Tadikamalla Satyanarayana
Court: Andhra Pradesh
Decided on: Aug-11-1971
Reported in: AIR1972AP123
ORDER1. This Civil Revision Petition arises out of an eviction petition filed under Section 10 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as the Act). The tenant is the petitioner and the respondent the landlord. The Rent Controller ordered eviction and it was confirmed in appeal by the learned Subordinate Judge, Guntur. Hence this petition by the tenant.2. The building in question is a shop building situated in Patnam Bazar (Guntur town) which is the main business locality of the Guntur town. The respondent purchased the shop building for a sum of Rs. 15,000/- under sale deed, Ex. A-2 dated 5-10-1967. The petitioner has been occupying the hop as a tenant under the previous owner and carrying on his trade in biscuits etc. The respondent filed the eviction petition when the petitioner refused to vacate it when he was required to do so after the respondent purchased the building. Therefore, the eviction petition by the respondent...
Kambham Ramamurty Reddi Vs. the Revenue Divisional Officer, Kakinada a ...
Court: Andhra Pradesh
Decided on: Aug-11-1971
Reported in: AIR1972AP354
Vaidya, J. 1. The petitioner is the owner of wet lands of the extent of Ac. 35-39 cents in Raparthi village. Pithapuram Taluk, East Godavari District. He leased out the said lands to respondents 3 and 4 for a cist of Rs 8000/- for the year 1968-69 which was paid to him in advance. Respondents 3 and 4 took possession of the lands and carried on cultivation. On 19th December, 1968 they filed A.T.P No. 36 of 1968 in the Court of the Deputy Tahsildar, Pithapuram, under Section 8 of the Andhra Tenancy Act, 1956, hereinafter referred to as 'The Act', praying for remission the cist for the year 1968-69 on the ground that due to want of rains in proper time the whole of the lands was left untransplanted though they raised seed-beds of paddy and tilled the lands. The petitioner contested the said petition that Section 8 was inapplicable to the case as the cist had been paid in advance and no rent was due from the tenants. He also stated that though respondents 3 and 4 had averred in the applica...
Commissioner of Income-tax Vs. Srinivas Bus Service
Court: Andhra Pradesh
Decided on: Aug-10-1971
Reported in: [1974]94ITR454(AP)
Kondaiah, J.1. At the instance of the Commissioner of Income-tax, Andhra Pradesh, Hyderabad, under Section 256(1) of the Indian Income-tax Act, 1922 (hereinafter called ' the Act '), the following question has been referred for our opinion :' Whether, on the facts and in the circumstances of the case, the provisions of Section 10(2)(vii) were applicable to the transaction in question '2. In order to appreciate the scope of the question it is necessary to refer briefly to the facts that gave rise to the same. Srinivasa Bus Service, Puttur, the respondent-assessee, was a registered firm of three partners carrying on business in bus transport. For the assessment year 1960-61, corresponding to the relevant accounting period ending with March 31, I960, the assessment was completed on February 27, 1963, by the Income-tax Officer who determined its total income at Rs. 1,09,932. The firm was dissolved with effect from April 1, 1960. As per the terms of the dissolution of the firm, two vehicles...
M. Ramanarasiah and ors. Vs. the Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Aug-06-1971
Reported in: AIR1972AP175
ORDER1. These are two writ petitions which may be conveniently disposed of under a single order since they raise an identical question. 2. The petitioners were given the lease of the Sendhi group of shops for the excise year 1969-70. Alleging that the area was hit by severe cyclonic storms on four occasions for 34 days spreading over from 16-10-1969 to 19-12-1969, they applied to the Government under Rule 129 of the Excise (Arrack and Toddy Licensee General conditions) Rules for remission of the monthly rentals. The Government after calling for reports from the local officers, rejected their applications by its orders dated 28th and 29th of September, 1970. It is to quash these orders the present Writ Petitions have been filed. 3. It is argued for the petitioners that the orders of the Government are highly arbitrary, based on irrelevant considerations and should, therefore, be set aside. On the other hand, the Government contends that the power under Rule 29 is purely a discretionary ...
Challa Seetaramanjaneulu Vs. Yasam Gummallu and ors.
Court: Andhra Pradesh
Decided on: Aug-05-1971
Reported in: AIR1972AP228
ORDER1. This writ petition has been brought for quashing the order dated 28-11-1969 of the Revenue Divisional Officer, order of the Tahsildar, Repalle dated 7th March, 1969 in A. T. P. No. 2/68.2. The matter arises under the Andhra Tenancy Act. it is alleged by the petitioner that he is the inamdar in respect of an extent of land of 5 acres and 84 cents in Parisipadu Agraharam, which is an inam estate. The land is claimed to be the private land of the inamdar. The petitioner and his predecessors have been asserting and acting on the footing that they were the absolute owners of the land. They were either cultivating the land by themselves or leasing them under short term leases to tenants. Likewise, for the year 1956-57 the land was given to the respondent on an oral lease for one year at the rate of 141/4 bags of paddy per acre. The respondent agreed to vacate the land on 31-3-1957. Having taken the lease, the respondent filed the petition under the provisions of the Andhra Tenancy Ac...
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