Andhra Pradesh Court July 1972 Judgments
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Kota Narayana Vs. Pathivada Suryanarayan and ors.
Court: Andhra Pradesh
Decided on: Jul-06-1972
Reported in: AIR1973AP94
1. The short question that arises for consideration in this appeal is whether the purchaser of agricultural land at a court sale held in execution of a mortgage decree is entitle to the value of the crop standing on the basis at the time of delivery of possession.2. The sale in execution of the decree in O. S. No. 219 of 61 on the file of the District Munsif, Rajam was held on 4-4-1968 and the same was confirmed on 6-6-1968. But the auction purchaser filed E. A. No. 136 of 68 on 24-10-1968 for putting him in possession of the property along with the crops standing thereon. Accordingly possession of the land along with the standing crop was delivered to him on 2-11-1968. The second judgment-debtor filed a petition objecting to the delivery of the crop and requested for re-delivery of the crop. The court initially directed that the crops be harvested, sold and the value realised therefrom deposited in the court.3. In order to determine the points in controversy, it has to be ascertained ...
Eastern Ore Corporation Vs. the Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Jul-06-1972
Reported in: [1974]33STC129(AP)
Gopal Rao Ekbote, C.J.1. These writ petitions have come to us on a reference made by a Bench on 27th July, 1971. The learned Judges were of the view that the decision in Sayanna v. State I.L.R. (1971) A.P. 157, requires reconsideration.2. The essential facts are that the petitioner for the assessment year 1959-60 was assessed to certain tax. Questioning the legality of the assessment order, the petitioner filed W.P. No. 1960 of 1964. The High Court by an order dated 25th February, 1969, quashed the assessment order and remitted the case to be decided in the light of the directions given by the High Court. The assessing authority thereafter again assessed the petitioner to tax by an order dated 14th January, 1970.3. For the assessment year 1963-64, the petitioner was taxed by an order dated 21st January, 1970. For that year the petitioner had not submitted any return.4. These two assessment orders are questioned on the ground that the assessment should have been made within four years f...
The Director of Technical Education, Hyderabad Vs. Lalchand and anr.
Court: Andhra Pradesh
Decided on: Jul-05-1972
Reported in: AIR1973AP230
1. This is an appeal from the order of our learned brother, Kondaiah, J. Given in W. P. No. 300 / 1970 on 18th September, 1970, whereby the learned Judge allowed the writ petition and issued a writ of mandamus restraining the Government from prohibiting the use of Prakash Andhra Mudra Lekhini or any other Telugu typewriting machine in the Government Technical Examinations in Telugu typewriting Lower and Higher Grades.2. The facts leading to the writ petition are that the two petitioners wanted to appear for the typewriting examination held by the Government. The Ist petitioner had appeared for lower grade typewriting examination in 1967. He even then used Prakash Andhra Mudra Lekhini for the purpose of giving the examination. The Government with held the result. The Government however, subsequently, was persuaded to announce the result and the petitioner passed in that examination. He then wanted to appear for the Higher Examination but insisted on the use of Prakash Andhra Mudra Lekhi...
Sattu Koteswaramma Vs. Sattu Subrahmanyam and anr.
Court: Andhra Pradesh
Decided on: Jul-05-1972
Reported in: AIR1973AP196
1. This appeal is directed against the rejection of a petition for leave to file a suit for partition and separate possession of a half share in the plaint schedule properties in forms pauperis.2. The learned Subordinate Judge, who enquired the in to the Original Petition, came to the conclusion that the appellant was not possessed of sufficient means but all the same rejected the petition on the ground that ' the petitioner on his own allegations does not have a cause of action and her present suit is barred by the previous decision in O. S. No. 203 of 1963, District Munsif's Court, Guntur, as confirmed in appeal. '3. The suit is by the widow of a predeceased son of the Ist respondent herein for partition and separate possession of a half share in the plaint schedule properties. In the plaint it is alleged that the plaint schedule properties, were joint or joint family properties of her husband and the Ist respondent, and that they both constituted a Hindu undivided family and consequ...
Midumolu Lakshminarasimha Rao Vs. Vemuru Saramma and anr.
Court: Andhra Pradesh
Decided on: Jul-04-1972
Reported in: AIR1973AP41
1. The only question that arises for consideration in these two appeals is whether poundage fee should be levied by the court before setting aside the sale held in execution of a decree for redemption.2. The appellant, who is the 13th defendant in the suit for a mortgage decree, purchased the decree for redemption passed in O.S.No. 60 of 1963 on the file of the Subordinate Judge's court, Masulipatnam. The sale in execution of this decree was held in E.P.No. 33 of 1966 on 31.7.1967. A petition to set aside that sale, E.A.No. 194 of 1969 was filed under Order 34, Rule 5, Civil P.C. The executing court held that the appellant was not entitled to get the sale set aside without payment into court all the amounts due from him including poundage and subsequent costs and interest after the sale is set aside. Accordingly the court directed the appellant to deposit the poundage fee by an order dated 26.3.1970. It is also directed against the appellate order confirming that order. By yet another ...
C. Sambasiva Raju Vs. S. Shiva Raj Reddy and anr.
Court: Andhra Pradesh
Decided on: Jul-04-1972
Reported in: 1973CriLJ945
ORDERA.V. Krishna Rao, J.1. In this petition the petitioner seeks the relief of quashing the proceedings in C.C. No. 126 of 1972 on the file of the IV City Magistrate, Hyderabad.2. Having regard to the arguments advanced before me, it is not necessary to state the facts in any great detail. The petitioner is an Executive Engineer, Zilla Parishad. Hyderabad. The 1st respondent is a contractor, P.W.D. (R & B). He belongs to a firm called Constructional Engineers and Builders. The firm to which - the 1st respondent belongs is on the list of approved contractors of the Zilla Pari-shad, Hyderabad. By and under his proceedings dated 9-11-1971. the petitioner had made an order to the following effect:Sri Shiv Raj Reddy, Contractor of Zilla Parishad is hereby black-listed. He is debarred from undertaking any work relating to the Panchayat Raj Department for an indefinite period in the District of Hyderabad with immediate effect.3. A copy of this order was sent to the 1st respondent and to all ...
Kottu Kanna Rao Vs. the District Registrar of Assurances and Collector
Court: Andhra Pradesh
Decided on: Jul-03-1972
Reported in: AIR1973AP48
Ekbote, C.J.1. The document marked P-2 executed in 1968 was presented for registration before the Sub-Registrar , Bhimavaram on 7.3.1968 by the executants. The document calls itself a sale deed. It is drawn up on stamp papers of value of Rs. 6,525/-. The Sub-Registrar, Bhimavaram, before whom this document was presented for registration entertained a doubt about the exact stamp duty payable on the document. He therefore made a reference to the District Registrar of Assurances, Eluru. The district registers held that the said document to be a sale for consideration of Rs. 1,44,444.44 chargeable with a stamp duty of Rs. 6,525/- under Art. 20 of Schedule 1-A of the Indian Stamp act. He was also of the opinion that a transfer duty of Rs. 7,222.20 is payable under Section 120 of the Andhra Pradesh Municipalities act, 1965.2. As the document was insufficiently stamped it was impounded by the Sub-Registrar and the District Registrar, Eluru, as Collector levied deficit stamp duty of Rs. 7,199....
K. Asheram Vs. Abdulla and ors.
Court: Andhra Pradesh
Decided on: Jul-03-1972
Reported in: AIR1973AP232
Obul Reddi, J.1. The short question that arises for consideration in this Letters Patent Appeal is whether, by reason of the executing Court having taken the execution petition out of its file and consigned the same to records, the right of a decree-holder to execute the decree is taken away unless he had made an application for revival of the execution petition within three years from the date of that order i.e., 1-12-1951.2. The facts necessary for the disposal of this appeal are these; One Chunnilal, the father of the appellant (3rd decree-holder) and others obtained a decree in O. S. No. 10/1 of 1333 Fasli against the defendants. The action was laid on the foot of a mortgage. The decree provided that the debt has to remain under mortgage till the decree was completely satisfied. A number of execution petitions were filed, the last one being E. P. No. 13/2 of 1355 Fasli for realisation of the balance of the decretal amount by sale of the mortgage property as well as arrest and deten...
Commissioner of Wealth-tax Vs. Khan Saheb Dost Mohd. AlladIn and anr.
Court: Andhra Pradesh
Decided on: Jul-02-1972
Reported in: [1973]91ITR179(AP)
Kondaiah, J.1. At the instance of the Commissioner of Wealth-tax, Andhra Pradesh, Hyderabad, the following common question of law arising out of the common order of the Income-tax Appellate Tribunal in the case of Shri Khan Saheb Dost Mohd. Alladin and his brother, Shri Noor Mohd. Alladin (hereinafter called ' the assessees') has been referred under Section 27(1) of the Wealth-tax Act (hereinafter called 'the Act') for the opinion of this court:' Whether, on the facts and the circumstances of the case, the value of the properties transferred by the assessees to their wives is includible in the total wealth of the assessee under Section 4(1)(a) of the Wealth-tax Act '2. In order to appreciate the scope of the reference, it is necessary to state the material facts that gave rise to the aforesaid question: At the time of the marriage of each of the assessees, a sum of Rs. 10,000 was fixed as mehr (dower) as disclosed from the respective sianamas dated January 30, 1936, and 6th Aban 1339 F...
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