Andhra Pradesh Court October 1973 Judgments
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In Re: Javvaji Venkateshwarlu
Court: Andhra Pradesh
Decided on: Oct-30-1973
Reported in: AIR1974AP319
ORDER1. I have pursed the decision of Justice H. A. Ayyar in unreported decision in S. R. 46322 of 1963 dated 30-6-1967. It relates to a case where the party had resorted to a combined calculation. Even there the learned Judge says that the period of six days, taken by the office to call for the stamps for decree, should be allowed in favour of the appellant. The learned Judge says that from 1-4-1963 to 16-4-1963, when the copy application was with the office, the time cannot run against the appellant. As this case relates to a combined calculation, I do not think, that this case has any application to the facts of present case.2. The other cases mentioned in the office note saying that the six days lost, by the carelessness or the negligence of the party, should not be allowed in favour of the party, are not in any way relevant in this case.3. As per Rule 129 of Civil Rules of Practice which says that every day between the hours of 3 and 5, P. M. a list showing the applications in whi...
ippili Satyanarayana Vs. the Amadalavalasa Co-operative Agricultural a ...
Court: Andhra Pradesh
Decided on: Oct-23-1973
Reported in: AIR1975AP22
ORDERVenkatarama Sastry, J.1. This is an application to revise the order passed by the lower court in I. A. 54/71 in O. S. 61/70 on its file which was a petition filed under O 6 Rule 17 and Section 151, Civil Procedure Code for permission to amend the plaint.2. In the affidavit in support of fee petition for amendment it was stated that the plaintiff filed the suit for recovery of Rs. 19723.95 from the defendant towards balance with interest due for the sale price of 1927 bags of sugar purchased by the defendant purporting to be the representative of the Taluk Co-operative Marketing Society Ltd. Srikakulam from the plaintiff society from 24-7-1962 to 12-4-1963 after payments were made from 12-9-1962 to 16-6-1963. The defendant executed a letter of undertaking to pay the amount. In the letter he has admitted that he had lifted the sugar from the factory and made payments in his personal capacity though he used the name of the Taluk Co-operative Marketing Society. The suit was filed on t...
income-tax Officer, B-ward Vs. Buragadda Satyanarayana
Court: Andhra Pradesh
Decided on: Oct-22-1973
Reported in: [1977]106ITR333(AP)
Gopal Rao Ekbote, C.J.1. This is an appeal from the judgment of our learned brother, Alladi Kuppuswami J, given in W. P. No. 5876/70 (Buragadda Satyanarayana v. Income-tax Officer : [1974]96ITR57(AP) ) on February 1, 1972, whereby the learned judge allowed the writ petition and quashed the assessment order of the Income-tax Officer, dated September 28, 1968.2. The facts, in outline, are that the petitioner filed a revised return of income-tax on February 10, 1967, for the assessment year 1964-65. He included therein an amount of capital gains liable to tax under Section 45 of the Income-tax Act to the extent of Rs. 15,958 and after deducting an initial exemption of Rs. 5,000, Rs. 10,958 was disclosed as taxable income. This capital gains, it is said, had accrued on account of sale of a site with sheds, godowns and shops.3. The total cost of the site as well as the building constructed thereon came to Rs. 64,042. For purposes of construction of the buildings the petitioner borrowed Rs. ...
State Bank of Hyderabad Vs. Kotha Papi Reddy and anr.
Court: Andhra Pradesh
Decided on: Oct-19-1973
Reported in: AIR1975AP25
ORDERSambasiva Rao, J.1. In these five revision petitions a common question relating to the proper stamp duty that is payable on a set of documents has to be considered.2. The circumstances and the material recitals of the documents in all the five matters are the same. To take for instance the facts in O. S. S. R. No. 1281 of 1972, out of which C. R. P No. 165/73 arises, is a suit filed by the State Bank of Hyderabad to recover a sum of Rs. 4,408.52 Ps. from two defendants. On 8-12-1969 the first defendant borrowed a sum of Rs. 3,910.50, from the Bank for purchasing a pump set and executed an agreement hypothecating the pump set and its accessories. On the same day, the second defendant executed another agreement in favour of the Bank guaranteeing due payment of the loan. The Bank filed the suit alleging that the defendants had failed to repay the amount. The deed of Hypothecation passed by the first defendant was engrossed on stamp paper of the value of Rs. 20-30 ps. There is no diff...
inspector General of Registration and Stamps, Andhra Pradesh, Hyderaba ...
Court: Andhra Pradesh
Decided on: Oct-16-1973
Reported in: AIR1974AP83
Ekbote, C.J.1. We have before us the matter of clarification sought by the office as to before whom the revision filed under Section 61(1) of the Stamp Act should be placed for hearing.2. The facts in brief are that Sri Bhagat Ram undertook to construct a house at Himyatnagar on behalf of Sri P.V. Narayana for an estimated construction value of Rs. 17,500/- . The contractor received Rs. 12,000/- and agreed to receive the balance of Rs. 5,500/- after completion of the construction. He drew up a receipt for Rupees 12,000/- in favour of the owner Sri P.V. Narayana on 21-2-1963 with the agreement referred to above. He also stated that he delivered the title deeds of his house situate at Beer Bhan Hyderabad as security for the advance.3. The said document is entitled 'a receipt'. It was filed before the I. Addl. Chief Judge , City Civil Court in O.P. 47/67. The Court acting under Section 35 of the Indian Stamp Act , found that the document was unstamped. He found that under Article 53 of Sc...
Rashid Shapurji Chenai and ors. Vs. the Collector Land Acquisition
Court: Andhra Pradesh
Decided on: Oct-15-1973
Reported in: AIR1974AP273
Alladi Kuppuswami, J.1. We are of the view that the order of the learned District Judge has to be set aside on the simple ground that the order ought not to have been made on merits in the circumstances of the case. In the order itself it is stated that the petitioners were absent and they were not represented by any counsel. The learned District Judge, nevertheless discussed the merits of the case and came to the conclusion that the Collector was justified in paying at the rate of one rupee per square yard and dismissed the petition for enhancement of compensation.2. Under Order 17, Rule 2 of the Code of Civil Procedure, where the parties or any of them fail to appear, the Court may proceed to dispose of the suit in one of the modes directed in that behalf by O. 9 or make such other order as it thinks fit. Under Order 17, Rule 3, C.P.C. the court may proceed to decide the suit forthwith when a party to the suit fails to produce evidence or to cause the attendance of the witness etc. T...
Shamamma and anr. Vs. Ramachander Rao and ors.
Court: Andhra Pradesh
Decided on: Oct-12-1973
Reported in: AIR1974AP150
V. Sastry, J.1. The question that has been referred by the Division Bench for decision by this Full Bench is 'Whether in the face of sub-sec(4) of Section 3 of the Hyderabad Money Lenders Act(Act No. V of 1349 Fasli) and Rule 16 of the rules framed under the said Act, the renewal of a licence subsequent to the date of expiry of the licence, on an application made prior to the date of expiry dates back to the date of the application, so as to say that the renewal is only a continuation of the licence already granted to the money lender'?2. It is necessary to state a few facts to appreciate the point that arises in this case. The respondents herein filed the suit O. S. 14 of 1968 on the file of the District Munsiff's Court, Narayanpet, on 20-9-1968 for recovery of Rs. 2,000/- on the basis of a promissory note executed by the deceased Ushanna in favour of the plaintiff on 1-9-1965. The defendants are the legal representatives of the maker of the promissory note. Besides various pleas take...
M. Gangappa Vs. the Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Oct-11-1973
Reported in: AIR1975AP138
Ekbote, C.J.1. The nationalisation of transport in a part of the Andhra Pradesh State had a chequered career. It is unnecessary to go into the history of the ups and downs of the various attempts made to nationalise. It is enough to say that in all 218 schemes were published, 133 of them were published on 15-11-1972 in the State Gazette. The other 85 were published on 10-4-1973. Objections were invited from the existing operators and others against the schemes so published. iN 40 schemes no objections whatsoever were filed. In regard to 178 schemes, however, objections were filed mostly by the existing operators. The Home Secretary, who was duly authorised to hear and enquire into objections commenced the hearing on 31-7-1973 and concluded the same on 14-8-1973.2. On a consideration of the proposed schemes in the light of objections that were filed, the Home Secretary approved 35 schemes on 3-9-1973. Out of them 32 schemes as approved were published in the Gazette on 15-11-1972. The re...
Allu Appalaswamy and ors. Vs. Maturi Anjaneyulu and ors.
Court: Andhra Pradesh
Decided on: Oct-10-1973
Reported in: AIR1974AP268
Ekbote, C. J.1. O. S. 184/68 was a suit filed by the Revision petitioner for dissolution of a partnership and settlement of accounts. There were in all five defendants. They seemed to have filed a written statements. Issues were framed. Plaintiff was examined as P. W. 1.2. It is at this stage on 13-10-1969 the plaintiff's counsel represented to the Court that the plaintiff on the one hand and defendants 1, 3, 4 and 5 on the other have arrived at a compromise and that the plaintiff desires to give up his case as against the 2nd defendant .3. I. A. No. 1007 of 1969 was filed by the plaintiff for recording the compromise between the parties excluding the 2nd defendant .4. The 2nd defendant filed I. A. No. 1025/69 under Order 1, Rule 10, C. P. C. requesting the court to transpose him as the 2nd plaintiff and transpose the plaintiff as the 6th defendant .5. There was yet another application filed by the 1st defendant I. A. No. 1026 of 1969 . He requested the Court to dismiss the suit accord...
Md. Murthuza HussaIn Vs. S.V.L. Narayana Rao
Court: Andhra Pradesh
Decided on: Oct-09-1973
Reported in: AIR1974AP271
Gopal Rao Ekbote , C.J.1. This appeal has come to us on a reference made by our learned brother , A. V. Krishna Rao, J. by an order of reference dated 29-8-1973. The learned Judge has given the facts of the case and we don not desire to repeat them here. The learned Judge thought that the decision of Sanjeeva Rao Naidu , J. in Official Receiver Nellore v. China Venkayya , : AIR1960AP353 is opposed to several decisions referred by him. He therefore referred the matter to a Division Bench and that is how it has come before us.2. The question arising from the facts is whether an amount of maintenance decree can be attached by a decree-holder who has obtained a decree against the decree-holder in the maintenance decree. The answer to this question naturally depends upon how we understand clause (n) of the proviso to S. 60(1) of the Civil Procedure Code. While Section 60(1) enjoins that the property enumerated in sub-section (1) is liable to attachment and sale is execution of a decree, the...
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