Andhra Pradesh Court October 1972 Judgments
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Kuncham Gavara Raju Vs. Kuncham Satyanarayana and ors.
Court: Andhra Pradesh
Decided on: Oct-27-1972
Reported in: AIR1973AP300
ORDER1. This civil revision petition under Section 115 of the Code of Civil Procedure by the plaintiff-petitioner given rise to a short question of law relating to the scope and application on Section 2(15) of the Indian Stamp Act, 1899.2. The material admitted facts which lie in a short compass leading upto this revision may briefly stated. The petitioner sued for partition and separate possession of his share in the suit properties on the ground that he is the illegitimate son of late Kuncham Chidambaram, the paternal grandfather of the first defendant, in the Court of the District Judge, Visakapatnam, in the year 1971. Defendants Nos. 2 to 5 were minors represented by their guardian and natural father the first defendant. The first defendant's father late Krishnamurthy gifted some property on 11-11-1957 under a registered gift deed to the plaintiff. That apart, about three tolas of gold, Rs. 1,800 /- cash and two bulls worth about Rs. 300 /- were said to have been given by late Kris...
Commissioner of Income-tax Vs. Smt. Sankari Manickyamma
Court: Andhra Pradesh
Decided on: Oct-22-1972
Reported in: [1976]105ITR172(AP)
Lakshmaiah, J. 1. At the instance of the Commissioner of Income-tax, the Income-tax Appellate Tribunal referred under Section 256(1) of the Income-tax Act, 1961 (referred to hereinafter merely as 'the Act'), the following question for our decision :'Whether, on the facts and circumstances of the case, the entire interest amounting to Rs. 31,659 received on the 1st of March, 1964, or only a sum of Rs. 1,260, the interest attributable to the year ending 31st of March, 1964, was assessable as income for the assessment year 1964-65 ?'2. The assessment year, in the instant case, is 1964-65 for which the department adopted the relevant accounting year as the year ending with March 31, 1964.3. The assessee is an individual and she has had her agricultural land situated at Rayaghada, acquired by the State Government of Orissa under the Land Acquisition Act some time in the year 1933, and as the amount awarded towards the compensation was found to be inadequate, the matter was taken before a co...
Tara Singh Vs. Wahid Bi
Court: Andhra Pradesh
Decided on: Oct-13-1972
Reported in: AIR1973AP273
1. This is a petition under Section 22 of the Andhra Pradesh Buildings ( Lease, Rent and Eviction ) Control Act, 1960, hereinafter referred to as the Act seeking to revise the order of the learned District Judge, Adilabad in C. M. A. No. 18 of 1969.2. The petitioner herein is the tenant of the respondent-landlady. The respondent filed O. P. No. 1/1968 on the file of the Rent Controller, Nirmal on 2-2-1968 under Section 12 of the Act for recovery of possession of the premises leased out to the petitioner for the purpose of repair and reconstruction. The respondent subsequently filed O. P. No. 2/1968 on 15-10-1968 for eviction of the petitioner from the suit premises under Section 10 (2) (i) of the Act on the ground that he committed wilful default in payment of rent from February 1968 to September 1968. O. P. No. 1/1968 was allowed and an appeal to the District Judge and revision to this Court were unsuccessful. Finally, the landlady took possession of the premises on 7-8-71. The Rent C...
Commissioner of Income-tax Vs. Mohanlal Gokuldas and Co.
Court: Andhra Pradesh
Decided on: Oct-13-1972
Reported in: [1974]95ITR537(AP)
Kondaiah, J.1. At the instance of the Commissioner of Income-tax, Hyderabad, the Income-tax Appellate Tribunal, Hyderabad Bench, has submitted a statement of case for our opinion under Section 256(1) of the Income-tax Act, ,1961 (hereinafter called 'the Act'), on the following question:' Whether, on the facts and in the circumstances of the case, and on a true interpretation of the order dated the 8th October, 1963, passed by departmental authorities with reference to the assessee's application dated the 26th of July, 1963, the penalties levied under Section 221(1) of the Income-tax Act, 1961, for the assessment years 1953-54, 1958-59, 1959-60 and 1961-62 were valid '2. In order to appreciate the scope of this question, it is necessary to refer briefly to the material facts that gave rise to this question. The assessee is a registered firm carrying on business in hosiery goods. Its assessments for the assessment years 1950-51 to 1961-62 were reopened. The reassessments were completed b...
Cherukuru Muthayya Vs. Gadde Gopalakrishnayya and ors.
Court: Andhra Pradesh
Decided on: Oct-11-1972
Reported in: AIR1974AP85
Ekbote, C.J. 1. This appeal is from the judgment of the principal District Munsif originally filed with the Subordinate Judge, Vijayawada but transferred to the High Court to be heard along with W. P. No. 2057 of 1965.2. One Guruvaiah had five sons and four daughters. The 2nd plaintiff is the eldest daughter. One of his sons Narasaiah died issuless. By 1942 there were four shareholders representing the branches of four sons. The contention was that the 1st plaintiff's Father was illatom son-in-law of Guruvaiah. As such he was also given one share in the partition that took place in 1942. The 2nd plaintiff, who had managed the estate after the death of Guruvaiah and who had lost her husband when she was just a child, was also given half share in the partition.3. In the partition, two suit items fell to the share of the 2nd plaintiff. She executed a registered settlement deed on 19-9-1950 in respect of the first item and executed a gift deed in regard to Item 2 on 20-3-1952 in favour of ...
The Kurnool Municipality Vs. the Civic Association and anr.
Court: Andhra Pradesh
Decided on: Oct-11-1972
Reported in: 1973CriLJ1227
ORDERRamachandra Raju, J.1. The petitioner is the Kurnool Municipality. The 1st Respondent is the Civic Association, Kurnool. The 1st respondent-association filed a complaint against the Municipality under Section 290 of the Indian Penal Code for punishing it for causing public nuisance by systematically neglecting its duty to maintain cleanliness in Kurnool town. The case is still pending. During its pendency, the Municipality filed a petition raising a preliminary objection for taking cognizance of the offence without the necessary sanction of the Government as contemplated under Section 375 of the Andhra Pradesh Municipalities Act (hereinafter referred to as the 'Municipalities Act'). The petition was resisted by the Civic Association, the complainant, alleging that the complaint is not laid against any officer of the Municipality in which case only sanction of the Government as required under Section 375 of the Municipalities Act is necessary and that provision has no application t...
The Board of Revenue, Hyderabad Vs. Validity Ram Krishnaiah
Court: Andhra Pradesh
Decided on: Oct-06-1972
Reported in: AIR1973AP275
Krishna Rao, J. 1. The above case is posted before us for a decision on a reference made by the Chief Controlling Revenue Authority (Board of Revenue in this case) under Section 57 of the Stamp Act.2. The facts giving rise to the reference may be stated. One Velvet Ramakrishnaiah and another Pasumarthi Seetharama Sastry, both residents of Vijayawada, purchased certain house property jointly under a registered sale deed on 30-11-1965. Pasumarthi Seetharama Sastry purported to execute a deed of release on 5-12-1967 in favour of Valiveti Ramakrishnaiah. The consideration recited was Rs. 9475 /-. The document was presented for registration before the Sub-Registrar, Vijayawada, on 6-12-1967. A stamp duty of Rs. 22-50 was paid on the document on the footing that it was a release deed under the provisions of Article 46 (b) of Schedule 1-A of the Indian Stamp Act ( II of 1899 ) as applicable in Andhra Pradesh. The Sub-Registrar thought that the stamp duty paid was not sufficient, as the docume...
Kalamallah Babakka and anr. Vs. Official Receiver, Cuddapah and anr.
Court: Andhra Pradesh
Decided on: Oct-06-1972
Reported in: AIR1973AP312
Obul Reddi, J. 1. In this Letters Patent Appeal preferred by the plaintiffs the question raised by Mr. R. Subba Rao, the learned counsel appearing for them, is that while an order of adjudication relates back to, under sub-section (7) of S. 28 of the Provincial Insolvency Act, and takes effect from, the date of the presentation of the petition on which the adjudication is made, there is no provision in the Act which makes the vesting of the properties of the insolvent also either in the Court or in the Official Receiver to date back to the date of the presentation of the application.2. To determine the question raised by the learned counsel, it is necessary to set out the relevant facts. The first and the 2nd plaintiffs are the wife and son respectively of the insolvent Hussainappa. As Hussainappa had taken a second wife, the plaintiff ( appellants ) demanded maintenance from him and at the suggestion of some elders, Hussainappa executed an agreement dated 25-6-1962 in favour of the pl...
K. Satyanarayana Vs. the State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Oct-06-1972
Reported in: AIR1973AP223
M. Krishna Rao, J.1. This Full Bench has been constituted in view of the fact that the Division Bench consisting of Narasimham, J., ( as he then was ) and Parthasarathi, J., before whom the above appeal came up for hearing, disagreed with the view expressed by another Division Bench ( Obul Reddy and Madhava Reddy, JJ. ) in Writ Petitions Nos. 1140 and 1141 of 1965 ( Andh Pra ) ( judgment dated 13-10-1969 ).2. The appellant herein is the petitioner in Writ Petition No. 746 of 1965. The Writ Petition was filed under Art. 226 of the Constitution of India to issue a writ of prohibition restraining the Tribunal for Disciplinary Proceedings from continuing the enquiry against the petitioner in D. E. No. 29 of 1964 on its file and for a consequential order to drop the proceedings.3. When the appellant was serving as Police Sub-Inspector, he received an order dated 9-5-1964 from the Superintendent of Police placing him under suspension. On 10-7-1964 charges were framed by the Disciplinary Trib...
Amir Ali Khan and ors. Vs. Shahalam Khatoom and anr.
Court: Andhra Pradesh
Decided on: Oct-05-1972
Reported in: AIR1974AP23
Obul Reddi, J.1. The short and interesting question that arises in this Letters Patent Appeal relates to the validity of Ex. B-1, a gift deed (Hiba nama) executed by one Nabi Khan on 2-6-1967 in favour of the 1st defendant. The donee is the sister's daughter of the donor. The plaintiffs are the heirs of Nabi Khan and they brought the action for recovery of possession of the house gifted under Ex. B-1. One Subbanna, a usufructuary morgagee, was in possession of the suit house as it was mortgaged to him, by Nabi Khan. the doner, it is not in dispute, died on 9-6-1967, seven days after the execution of Ex. B-1. The donee took possession of the suit house from the usufructuary mortgagee on 9-1-1968 and she has been in uninterrupted possession of the house since then. Though the trial Court upheld the validity of the gift, an appeal was preferred and the Subordinate Judge, who heard the appeal, reversed the judgment and decree of the trial Court holding that there was no actual delivery of ...
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