Andhra Pradesh Court March 1972 Judgments
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K.H. Denial and ors. Vs. the Life Insurance Corporation of India and a ...
Court: Andhra Pradesh
Decided on: Mar-28-1972
Reported in: AIR1973AP102
ORDER1. In this petition, the petitioner prays for an order to dispense with the printing of the material papers in C.C.C.A. 65/69 which is preferred against the judgment and decree dated 19-7-1968 of the First Additional Judge, City Civil Court, Hyderabad in O.S. No. 55/64. The petitioner has valued his appeal at Rs.28,748-50 P. It appears that a bill for Rs.650/- was issued by the office being the probable cost of printing of the documents. The ground on which the petitioner prays for dispensing with the payment of the lodgment schedule is that he is not in a position to deposit such a big amount. Since several petitions of this nature have been coming up for consideration before this Court. I had issued a notice to the Third Government Pleader, Mr. N.Rajeshwar Rao to assist the Court.2. A reading of Rule 72 of the Rules of the High Court of Judicature, Andhra Pradesh. Appellate Side (therein after referred to as the Rules ) along with the proviso would show that printing of the reco...
Manyam Janakalakshmi Vs. Manyam Madhava Rao and ors.
Court: Andhra Pradesh
Decided on: Mar-23-1972
Reported in: AIR1973AP103
Chinnappa Reddy, J.1. Manyam Janakalakshmi, Plaintiff in O.S.No. 7 of 1966 on the file of the District Court, East Godavari and the defendant in O.S. Nos. 24 and 28 of 1966 is the appellant in these three appeals. She is the widow of Manyam Venkatakrishna Papa Rao who died on 15-8-1965. Papa Rao had a first wife by the name Atchayamma, through whom he had three sons, Madhava Rao, Ramamohana Rao and Suryachandra Rao. They are defendants 1 to 3 in O.S. No. 7 of 1966. Rammohana Rao is the plaintiff in O.S.No. 24 of 1966 and Madhava Rao is the plaintiff in O.S. No. 28 of 1966. Atchayamma died on 3-6-1955 on which date her youngest son Suryachandra Rao was a minor. On 3-6-1955 Venkatakrishna Paparao effected a partition between himself and his three sons by a registered deed Ex, A-15. By this deed the family properties were divided into four shares. One share was allotted to the father and the other three shares were allotted to the three sons by the first wife. Papa Rao was assessed to Inc...
Pendela Narasimham and anr. Vs. Pendela Venkata Narasimham and ors.
Court: Andhra Pradesh
Decided on: Mar-22-1972
Reported in: AIR1973AP162
Sriramulu, J.1. This appeal is from the judgment of our learned brother, Sambasiva Rao. JJ., given in A.S.No. 267 of 1965, whereby the learned Judge allowed the appeal filed by the 4th defendant against the trial Court's decree in O.S.No. 52 of 1962, and exonerated him from the liability under the mortgage and substituted plaint B Schedule property as security for A Schedule property.2. The material facts leading to this Letters Patent Appeal may briefly be stated; Defendant No. 1 is the father of defendants 2 and 3 and 'Karta' of the joint family comprising of himself, his sons, and a coparcener, defendant No. 4. For the marriage of his minor son, defendant No. 2, the 1st defendant borrowed and received Rs. 13,000/- from the plaintiffs and as security, mortgaged plaint A schedule properties. At a family partition, a part of the A schedule properties, which was the subject-matter of mortgage, fell to the share of defendant No. 4, and B schedule property to defendant No. 1. The plaintif...
K.R. Mallesha Vs. Ramnath Gajanand
Court: Andhra Pradesh
Decided on: Mar-20-1972
Reported in: AIR1974AP53
ORDER1. The petitioner is the defendant . The Civil Revision Petition raises a question of construction regarding a certain agreement and also a receipt and the admissibility of those documents and the stamp duty payable in respect of those documents.2. The relevant facts are that the plaintiff and the defendant ran a tea stall business under the name and style of 'Ramnath Tea stall'. There is a deed of partnership dated 6-4-1967. This partnership was shortlived and on 5-6-1968 the plaintiff took a sum off Rs. 10,000/- from the defendant and had retired from the partnership on that day : there was what is called an agreement executed by the plaintiff in favour of the defendant. On the same day there was a receipt for Rs. 10,000/- also passed by the plaintiff in favour of the defendant acknowledging the receipt for Rs. 10,000/-. The plaitiff has filed the present suit for dissolution of partnership.3. After the trial commenced, the defendant had sought to put in evidence both the agreem...
Anamolu Seshagiri Rao and Company and ors. Vs. the State of Andhra Pra ...
Court: Andhra Pradesh
Decided on: Mar-20-1972
Reported in: [1973]32STC51(AP)
Gopal Rao Ekbote, J.1. These writ petitions raise common question of law. They can, therefore, be conveniently disposed of by a common order. For the purpose of understanding the arguments, we would refer to the facts as they appear in W. P. No. 3645 of 1971.2. The petitioner is a, firm and has been registered as a dealer under the Andhra Pradesh General Sales Tax Act. The firm carries on a business of supply and stacking of stone ballast to the Southern and South Central Railways.3. The engineering department of railway calls for tenders for supply and stacking of stone ballast from the contractors for ballasting of new railway track or making up deficiency of ballast of the existing track. The petitioner-firm being the lowest bidder at the tenders invited by the railway obtained several contracts and entered into agreements with the railways from 1964 to 1969 as referred to in the affidavit of the petitioner.4. It is said that the work which is lequired to be carried on under the agr...
Anabeshahi Wine and Distilleries Private Ltd. Vs. the Government of An ...
Court: Andhra Pradesh
Decided on: Mar-14-1972
Reported in: AIR1972AP379
Sriramulu, J.1. After obtaining a Distillery Licence under the Andhra Pradesh Distillery Rules, 1970(hereinafter called 'the Rules'), made by the Government of Andhra Pradesh in exercise of the powers conferred on it by Section 72 of the Andhra Pradesh Excise Act, 1968 (hereinafter called 'the Act'), the petitioner, Anabeshahi Wine & Distilleries Private Ltd., Hyderabad, has been carrying on the business of manufacture and sale of wine and other ailed products in its factory, located at Hyderabad. In pursuance of Section 28 (2) of the Act, the Excise authorities posted one Inspector, one Sub-Inspector and four constables at the petitioner's Factory premises and required the petitioner to pay their entire salaries, allowances and pension contributions. The demand of salaries etc., of the departmental employees is without jurisdiction and illegal. Representations made by it to the Excise authorities against the said demand had no effect on them, but resulted in threats of cancellation of...
N.V. Somaraju Vs. Government of India and ors.
Court: Andhra Pradesh
Decided on: Mar-13-1972
Reported in: [1974]97ITR97(AP)
Gopal Rao Ekbote, J.1. This is an application filed under Article 226 of the Constitution of India for the issue of a writ to declare the provisions of Section 34(1)(b) and (1)(c) of the Estate Duty Act, 1953, as ultra vires and unconstitutional. It is also prayed that the respondents should be restrained from enforcing these provisions in respect of the estate of the petitioner's father.2. The material facts are that one Nuli Laxminarayana and his son, the petitioner, constituted a Hindu undivided family governed by the Mitakshara law. The petitioner's father died on March 6, 1966, at Vellore in the State of Madras. The family had extensive properties consisting of agricultural lands situate in West Godavari District, A.P., residential house, godowns, cattle shed, cinema theatre, etc.3. Under the Estate Duty Act of 1953, on the death of the petitioner's father, the estate of the deceased father, which is deemed to have passed on to the petitioner, was liable to pay estate duty. The th...
State Govt. of Andhra Pradesh Vs. Manickchand Jeevraj and Co., Bombay
Court: Andhra Pradesh
Decided on: Mar-10-1972
Reported in: AIR1973AP27
Kondaiah, J. 1. The Respondent herein, on July, 29, 1958 purchased the properties of M/s Govardhana Gold Fields Co. Ltd., which started gold mining at Narayananagar in Palamaner taluk, Chittoor district, for a sum of Rs. 1,70,000/-. The aforesaid Gold Fields company owned about Rs. 5,59,152.50 p. Towards electric charges as per the statement of Andhra Pradesh Electricity Department, towards the recovery of which the Deputy Tahsildar, Kuppam, by virtue of the powers vested in him under the Revenue Recovery Act, attached movables of the company worth about Rupees 24,000/- on December 10, 1958. The claim petition of the respondent on the basis of its purchase from Govardhana Gold fields to the District Collector was dismissed on December, 13, 1958. The District Collector affirmed the attachment in the same order. Thereupon , O.S.24/59 on the file of the Court of the Subordinate Judge, Chittoor for declaration of the claimant's right to and possession of the properties purchases by it from...
Venkatachalam and ors. Vs. the State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Mar-10-1972
Reported in: AIR1973AP65
ORDER1. The large number of petitioners in this writ petition are employee students studying in the evening session of the V. R. College, Nellore. When they were admitted into their courses they were granted half fee concession on the ground that their income was less than Rs. 3600/- per year. But by a memorandum No. 2745/P2/69-10, dt: 16.11.1970, the Government withdrew this half fee concession to all employee-students. In consequence, the Principal of the College has called upon the petitioners, by his notice dt: 9.11.1971, to pay full term fee for the academic year. The petitioners now seek a mandamus restraining the respondents from enforcing this memorandum.2. The material facts relating to this petition are not in dispute., By G. O. Ms. No. 14, Planning Department, dt: 24.1.1964, the Government directed that 'the fee concessions granted under Rule 82 of the Madras Educational Rules shall be extended to all poor students irrespective of their caste or creed. All students, the inco...
Adigarla Simhachalam Vs. Adigarla Papamma
Court: Andhra Pradesh
Decided on: Mar-10-1972
Reported in: AIR1973AP31
Kondaiah, J. 1. This appeal by the husband is directed against the order of the Court of the Subordinate Judge, Vizianagaram, directing him to pay the respondent an amount of Rs. 250 /- towards expenses and Rs. 40 /- per month towards maintenance pending the disposal of O. P. No. 20 of 1969 on its file filed by him for restitution of conjugal rights. 2. A suit instituted by the respondent, in the Court of the District Munsif, Srungavarpukota for maintenance under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 is still pending. The appellant filed O. P. No. 20 of 1969 on the file of the lower Court under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. Thereupon, she preferred I. A. No. 70 of 1969 under Section 24 of the Act for awarding interim maintenance and Rs. 500 /- for costs and expenses of the proceeding for restitution of conjugal rights. This application was resisted by the appellant. However, the Court below granted a sum of Rs. 40 /- per m...
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