Andhra Pradesh Court March 1973 Judgments
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E. Venkat Reddy and anr. Vs. E. Yadgir Reddy and ors.
Court: Andhra Pradesh
Decided on: Mar-14-1973
Reported in: AIR1973AP398
Gopal Rao Ekbote, C.J.1. This revision petition has come to us on a reference made by our learned brother, Parthasarathi J. In his order of reference dated 6.7.1971.2. The facts in brief are, that a suit was instituted by three brothers against their cousins. There was a partition, effected among the members of the family. The plaintiffs' case was that the land bearing S.No. 236 was divided into two portions and the defendants got one moiety and the father of the plaintiffs, the other half. The filed was sub-divided into two survey numbers. The plaintiffs' father got a new S.No. 236/AA while the defendants got S.No. 236A. In 1965-66, the defendants were admitted into possession of the land as lessees. They defaulted in payment of rent. They also denied the title of the plaintiffs. The suit was, therefore, laid for recovery of the amount due under the lease, as also for recovery of arrears of rent and for possession.3. The defence set up by the defendants was that in the partition which...
Ariyur Mohammed Habeebur Rahman and ors. Vs. Ansuri Varamma (Died) and ...
Court: Andhra Pradesh
Decided on: Mar-12-1973
Reported in: AIR1974AP113
ORDER1. This Civil Revision Petitions directed against the judgment and decree in A. S. No. 51 of 1965, whereby the District Judge, Khammam, allowed the appeal and set aside the Award.2. Briefly stated, the facts are: The father of the revision-petitioners agreed to sell 5 1/2 acres of land, bearing Survey No. 320 situated at Khammam, to the 1st respondent, for a sum of Rs. 3,200/- and executed an agreement of sale dated 16-4-1952 having received an advance consideration of Rs. 1,300/-. The father of the petitioners put the 1st respondent in possession of the property in pursuance of the agreement of sale. Admittedly, a sum of Rs. 200/- was paid by the 1st respondent on 5-8-1954 to K. M. Hussain, the Power of Attorney holder of the mother of the petitioners. Subsequently disputes arose between the parties as the balance was not paid and the sale deed was not executed by the petitioners father in favour of the 1st respondent. The 1st respondent alleged that a sum of Rs. 800/- was paid t...
Sri Lakshmi Venkateswara Trading Co. and ors. Vs. the State of Andhra ...
Court: Andhra Pradesh
Decided on: Mar-12-1973
Reported in: [1974]33STC192(AP)
ORDERGopal Rao Ekbote, C.J.1. The short but important question involved in this enquiry is whether a part of Section 10 of the Central Sales Tax Act is ultra vires of Article 14 of the Constitution. It arises in the following circumstances:2. The petitioners are dealers in paddy. They purchase paddy within the State. They pay purchase tax on such purchases. They sell the paddy to dealers outside the State and the paddy is thus exported.3. The petitioners claimed before the assessing authority exemption from the payment of tax under Section 10 of the Central Sales Tax Act (hereinafter referred to as the Act). Since the turnover in regard to which exemption was sought fell beyond the scope of Section 10, the assessing authority rejected the claim.4. It is also to challenge the order of the Deputy Commissioner (City Kurnool) dated 25th April, 1970, that the present writ petition is filed. Although an appeal is pending against the said order, since the vires of Section 10 is challenged, th...
Paleru Venkateswarlu and ors. Vs. Potina Venkateswarulu and anr.
Court: Andhra Pradesh
Decided on: Mar-09-1973
Reported in: AIR1973AP264
Gopal Rao Ekbote, C.J.1. Pothina Vari Kunta a fresh water tank is situated in the hamlet of Daggupadu viz., Pothinavaripalem. It has been in existence from times immemorial and has been serving the needs of the villagers. The tank is endowed with 13 acres and 16 cents of land for the repairs and up-keep of the tank. The tank and the endowed property have been from the inception under the care and management of the trustees. The trustees used to derive income from the land and utilise the same for maintaining the tank in proper condition. The defendants are now the trustees and are in possession of the land and are charged with the obligation of maintaining the tank in repairs out of the income of the land. The trustees have been deriving income from the land but have not spent anything on repairs of the tank. They have been utilising the income for themselves. They are partitioning the property. They are also now trying to alienate the property as though it is their own. The tank is no...
Kalkonda Pandu Rangaiah Vs. Kalkonda Krishnaiah and ors.
Court: Andhra Pradesh
Decided on: Mar-08-1973
Reported in: AIR1974AP201
ORDER1. This is an application for direction to amend the decree in A. S. No. 462 of 1963 arising out of O. S. 18 of 1957 in the following circumstances. The petitioner herein filed the suit O. S. No. 18 of 1957 on the file of the Sub Court. Mahaboobnagar for partition of joint family properties into two shares and for allotment of one such share to him. He appended to his plaint details of properties mentioned in A. B. and C. Schedules. On 23-4-1959 in preliminary decree was passed in his favour for half the suit properties and for past mesne profits for six years and an enquiry into future mesne profits was directed. Defendants 1 and 2 carried the matter in a appeal A. S. No. 257 of 1959. The said appeal was dismissed except to the extent of past mesne profits for six years and only future profits were granted in that appeal.2. Thereafter the plaintiff filed an application I. A. No. 112 of 1963 in the lower Court for passing final decree. By that time it was discovered that some mist...
Central Ware - Housing Corporation, New Delhi Vs. Central Bank of Indi ...
Court: Andhra Pradesh
Decided on: Mar-07-1973
Reported in: AIR1973AP387
A.V. Krishna Rao, J.1. This appeal is posted before us on a reference by our learned brothers Kondaiah and Lakshmaiah JJ. Though the question according to the learned Judges, related to the territorial jurisdiction of the courts at Secunderabad to entertain the suit out of which this appeal arose and the contention was based solely on the interpretation of the provisions of Explanation II to Section 20 of the Code of Civil Procedure, the Division Bench felt that on a consideration of the entire facts and circumstances the whole appeal was fit to be referred to a Full Bench.2. This appeal is from the judgment of the Chief Judge, City Civil Court, Hyderabad at Secunderabad rendered in O.S.No. 49 of 1967. The 2nd defendant is the appellant. The plaintiff obtained a decree for money against defendants 1 and 2. The 1st defendant remained exparte.3. This suit came to be tried along with a number of other suits instituted by the plaintiff. In all the suits, the present appellant was the 2nd d...
The Andhra Pradesh Chemicals and Fertilisers Mazdoor Sabha Vs. the Hyd ...
Court: Andhra Pradesh
Decided on: Mar-07-1973
Reported in: (1974)IILLJ170AP
Gopal Rao Ekbote, C.J.1. This Appeal is from the judgment of our learned brother, M. Krishna Rao, J. given in W.P. No. 4076 of 1970 on 20th January, 1972 whereby the learned Judge allowed the writ petition and quashed the award made by the Industrial Tribunal in I.D. No. 21 of 1969, on 14th May, 1970.2. The facts, in outline, are that the Government of Andhra Pradesh, referred by their G.O. Ms. No. 1003 dated 28th July, 1969 certain disputes for adjudication of the Industrial Tribunal. The demands were : 1. (a) Sanction of house rent allowance at the rate of Rs. 15 per month to every workman drawing wages less than Rs. 125 per month, (b) Sanction of house rent allowance at the rate of 12% of wages to those workers drawing 125 and above per month. (2) Abolition of the prevailing system of employing contract labour on continuous processes of production and absorption of the existing contract labour on regular basis. (3) Fitment of Sri Nawaz Khan in the scale of Rs. 300-25-450-E.B.-600 on...
Commissioner of Income-tax Vs. Koduri Papa Rao
Court: Andhra Pradesh
Decided on: Mar-06-1973
Reported in: [1976]102ITR834(AP)
Kondaiah, J.1. The Income-tax Appellate Tribunal, Hyderabad Bench, has, at the instance of the Commissioner of Income-tax, submitted under Section 66(1) of the Indian Income-tax Act, 1922 (hereinafter referred to as 'the Act'), a statement of case for our opinion on the following question : 'Whether, on the facts, and in the circumstances of the case, the penalty imposed under Section 28(1)(c) had been validly cancelled ?'2. In order to appreciate the scope of the question, it is necessary to briefly refer to the material facts found by the Appellate Tribunal. The assessee, an individual doing contract business, had purchased a house in May, 1951, for a sum of Rs. 29,500 in the name of his minor son. For the assessment year 1952-53, the relevant accounting year being the financial year ending with March 31, 1952, one of the questions that fell for consideration before the Income-tax Officer in the assessment of the assessee's income was whether the assessee had explained the source of ...
Siddareddi Venkata Rami Reddy Vs. Government of Andhra Pradesh and ors ...
Court: Andhra Pradesh
Decided on: Mar-06-1973
Reported in: 1975CriLJ468
ORDERSambasiva Rao, J.1. We directed on 15-2-1973 that the detenu in this writ petition should be set free immediately;. But, we have said that we would give our reasons therefor later. We now proceed to give those reasons.2. By his order dated 13th January 1973, the District Magistrate. Nellore, ordered detention of the detenu in exercise of the powers conferred on him by Sub-clause (ii) of Clause (a) of Sub-section (1) of Section, 3 of the Maintenance of Internal Security Act. 1971. (hereinafter called the Act) read with Section 5 thereof. The grounds on which the detention was made were communicated to the detenu on 18-1-1973 who was kept in the Secuderabad Jail. The Government of Andhra Pradesh approved of this detention under G.O. Rt. No. 200. G.A.D. dated 22nd January, 1973.3. The grounds started with stating in the preamble that the detenu was the President of the Action Committee of the Gudur Unit of the Andhra Praia Parishad the aim of which was to oppose the five point formul...
V.S. Shankar and ors. Vs. Reserve Bank of India and anr.
Court: Andhra Pradesh
Decided on: Mar-05-1973
Reported in: (1974)IILLJ410AP
ORDERKrishna Rao, J.1. This is an application under Article 226 of the Constitution of India for the issue of an appropriate writ or direction declaring that Para II(c) of the Administration Circular No. 8, dated 13th May, 1972, issued by the Reserve Bank of India, is unconstitutional, being violative of the provisions of Articles 14 and 16 of the Constitution and to further direct the respondent to consider the case of the petitioners for selection to the post of staff officers, Grade cadre, without reference to the provisions of Para II (c) mentioned above. The five petitioners herein are working at present as stenographers in the Hyderabad office of the Reserve Bank of India. They were originally recruited as typists and after sometime promoted as stenographers. Petitioner 2 was started as a typist in 1956 and was promoted as stenographer in 1963. Petitioner 2 was a typist from 1962 and became a stenographer in 1966, Petitioner 3 was first appointed as a typist in 1964 and became a ...
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