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Andhra Pradesh Court March 1972 Judgments

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Mar 10 1972

Chargulla Sitarama Rao Vs. Patel Engineering Co. Ltd.

Court: Andhra Pradesh

Decided on: Mar-10-1972

Reported in: AIR1973AP120

M. Krishna Rao, J.1. This appeal is filed by the plaintiff under Cl 15 of the Letters Patent.2. The plaintiff filed the suit O. S. No. 2 of 1964 in the Court of the Agent to the Government, Government of Andhra Pradesh, Khammam for an account of the damages sustained by the plaintiff till the date of suit and also subsequent damages till the end of his lease period and for other ancillary reliefs. The plaint allegations are as follows : The plaintiff a resident of Bhadrachalam was the highest bidder of an auction held on 4-3-1964 with respect to the Bhadrachalam public ferry rights for a sum of Rs. 29,200 /-. An agreement was entered into between the plaintiff and the Panchayat Samithi laying down the conditions under which the plaintiff has to run the ferry. Under the said agreement the plaintiff claims an exclusive right to run a ferry and collect tolls within the limits prescribed in the notification. The defendant is an Engineering Contractor who undertook to lay a bridge across th...


Mar 09 1972

The Public Prosecutor Vs. V. Viswanathachari

Court: Andhra Pradesh

Decided on: Mar-09-1972

Reported in: 1973CriLJ779

Madhava Reddi, J.1. This appeal by the State is against the acquittal of the sole accused who was charged with having committed an offence punishable under Section 8 of the Andhra Pradesh (Andhra Area) Gaming Act fill of 1930) hereinafter referred to as the Act. It is the case of the prosecution that the respondent is the proprietor of Welcome Hotel in Kurnool. When it was raided on 25th March, 1970 at about 10 A.M. in room No. 4 of that hotel one B. Venkata Rami Reddy and 3 others were found playing a game called 'Mangapatha' which is a game of chance, by betting money and that a sum of Rs. 200/- was collected as pool money by the players for the benefit of the accused. On an appreciation of evidence and record the learned Magistrate came to the conclusion that it was not proved that that amount was set apart for the benefit of the accused respondent. He further found that in fact there was a raid in room No. 4, that M.O. 1 playing cards, a sum of Rs. 8,020 M.O. 3. four chairs M.Os. 4...


Mar 06 1972

S. M. Palaniappa Devar and Sons Vs. Commercial Tax Officer and anr.

Court: Andhra Pradesh

Decided on: Mar-06-1972

Reported in: [1973]31STC34(AP)

Sriramulu, J.1. For the assessment year 1965-66, the Commercial Tax Officer, Tirupathi, determined the net taxable turnover of the petitioner at Rs. 4,79,136.26, of which Rs. 4,66,181.21 represented the turnover of watery coconuts and, on that turnover, levied the tax in accordance with the rates specified in the Andhra Pradesh General Sales Tax Act (hereinafter called the 'principal Act'). Against the said order, the petitioner filed Writ Petition No. 2159 of 1966 in this court on 28th December, 1966, contending that watery coconuts being 'declared goods' were not exigible to tax as they were not included in the Third Schedule to the principal Act. Accepting that contention, this court, by its order dated 19th December, 1970, set aside the assessment on watery coconuts and re-fixed the net taxable turnover at Rs. 12,955.05 and the tax payable thereon at Rs. 411.47 as against the tax of Rs. 9,731.82 already paid by the petitioner. The amount of excess tax of Rs. 9,320.35, which was alr...


Mar 04 1972

Shaik Mustaq Ahmed Vs. the State of Andhra Pradesh and anr.

Court: Andhra Pradesh

Decided on: Mar-04-1972

Reported in: AIR1973AP66

ORDER1. The petitioner has passed the Intermediate Examination held by the Intermediate Board in March, 1971. He was taught all subjects in High School and also at the Intermediate stage through the medium of Telugu Language. With a view to qualify himself for admission to the Medical college, he took up for study the subjects of Physics, Chemistry, Zoology and Botony.2. The petitioner has given the statistical details about the number of colleges imparting instruction through the medium of telugu language. In the Andhra area of the 198 colleges, English medium is adopted only in 10 colleges. In the Telangana area also in the vast majority of the colleges , English is not the medium of instruction. The petitioner states that at Nidubrolu, where he resides and also in the neighbourhood, the medium of instruction in the colleges is only Telugu. He mentions that fact to lay stress on the position that it has become a matter of necessity for students to accept Telugu as the medium of instr...


Mar 04 1972

State of Andhra Pradesh and ors. Vs. Gattimukkala Venkatareddy and ors ...

Court: Andhra Pradesh

Decided on: Mar-04-1972

Reported in: AIR1973AP68

Gopal Rao Ekbote, J. 1. These two appeals arise out of an order passed by our learned brother Parthasarathi, J., in W.P.No. 3387 of 1971. Since the questions raised in both these appeals are common, they can conveniently be disposed of by a common order.2. The material facts in order to appreciate the contentions raised before us are that the respondents in W.A.No. 514/71 who are the appellants in the other appeal filed the above writ petition for the issue of a writ of mandamus directing the Government of Andhra Pradesh to forth with declare in terms of Section 7 of the act IV of 1971 the price at which the raw leaves and the sun-cured abnus leaves are to be purchased by Government. In the alternative the petitioners asked that if for any reason the Government should refuse to do so within a period to be specified by this Hon'ble court to declare that the petitioners are at liberty to sell their abnus leaves collected by them from their patta lands in open market at the prevailing mar...


Mar 04 1972

G. Rajeswara Reddy Vs. Commissioner of Income-tax and anr.

Court: Andhra Pradesh

Decided on: Mar-04-1972

Reported in: [1972]84ITR556(AP)

Chinnappa Reddy, J. 1. For the assessment year 1956-57 the petitioner was assessed to income-tax of Rs. 64,963.56 on a total income of Rs. 1,12,417. A demand dated March 30, 1961, was raised against the petitioner for the amount of income-tax due from him. The amount was not paid by the petitioner within the stipulated time. The petitioner was later informed that if he did not pay the tax before the end of February, 1962, a penalty would be imposed on him. As the petitioner failed to comply with this last notice also, the Income-tax Officer, on a consideration of the facts and circumstances of the case, levied a penalty of Rs. 6,500 under Section 46(1) of the Income-tax Act by his order dated March 1, 1962. Against the order of assessment, the petitioner preferred an appeal to the Appellate Assistant Commissioner objecting to the inclusion of an amount of Rs. 1,05,130 as income from other sources. He claimed that the amount represented a debt borrowed by him and did not represent an in...


Mar 04 1972

inturi Venkayya and anr. Vs. the State

Court: Andhra Pradesh

Decided on: Mar-04-1972

Reported in: 1973CriLJ245

ORDERMuktadar, J.1. The judgment of the. Additional Sessions Court Guntur dated 22.2.1971 in Criminal Appeals Nos. 87 and 92 of 1970 is being assailed in this revision by A-1 and A-2. A private complaint was filed under Sections 224, 225 and 353. I.P.C. against A-1 to A-5 on the ground that on 26.2.1970 when the Amin of the Sub Court, Ongole went to the house of A-1 to arrest him on orders passed in E. P. 194/1969, A-1 expressed his inability to pay the demand of the warrant whereupon it is alleged that the Amin arrested A-1. A-1 was brought to the bus stand where he tried to escape from his custody. When the Amin, was boarding the bus towards Ongole with A-1. A-2 to A-5 rushed there and attacked the Amin to facilitate the escape of A-1. A-2 beat the Amin on the right hand and got released A-1. A-1 pushed the Amin and began running.The Amin was prevented from catching A-1 when A-3 to A-5 caught both the hands of the Amin. Consequently A-1 escaped in a bus bound for Chilakaluri. pet. Th...


Mar 03 1972

Pratti Rajamma Vs. Pratti Chintaiah

Court: Andhra Pradesh

Decided on: Mar-03-1972

Reported in: 1973CriLJ1489

ORDERMadhava Reddi, J.1. In my view, this reference must be accepted and summons must be issued to Sri N. Venkataratnam, Advocate at Guntur, who issued the reply notice on the instructions of the respondent herein.2. The petitioner is the daughter-in-law of the respondent. After the death of her husband, certain disputes arose between herself and the respondent with re-gard to the possession of a house. She got a lawyer's notice issued to the respondent through her advocate, one Mr. K. Raja Rao, to which the respondent caused a reply notice to be issued through Sri N. Venkataratnam, an advocate at Guntur, in which certain statements alleged to be defamatory were made. The petitioner filed a complaint against the respondent alleging an offence under Section 500, Indian Penal Code which was registered as C.C. No. 664 of 1969 on the file of the III Additional Munsif-Magis-trate, Guntur. After examining two witnesses in support of her case, the petitioner requested summons to be issued to ...


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