Andhra Pradesh Court January 1974 Judgments
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Verma Narasimha Rao Vs. the Superintendent of Excise, Krishna and ors.
Court: Andhra Pradesh
Decided on: Jan-29-1974
Reported in: AIR1974AP157
GOPAL RAO EKBOTE, C. J. 1. These writ petitions raise certain common questions. It is not necessary to mention the facts of all the cases in order to resolve the issues raised. We will however refer to particular facts of the writ petition whenever a special point is made in such a writ petition. For the purposes of common points we propose to mention the facts relating to W. P. No. 1435 of 1972.2. For the excise year 1970-71, the petitioner was granted the lease to sell liquor in retail at Konathalapalli in Nandigama Taluk of Krishna District. The monthly rent agreed was Rs. 1,751/-. The lease commenced from 1-10-1970.3. For the months of October, Novermber and December, 1970 the petitioner lifter the monthly quota of the liquor as determined. From January, 1971 till the end of July, 1971 he however, did not lift the determine monthly quota of liquor. He also for the said months did not pay the monthly rentals.4. For the abovesaid lapses on the part of the petitioner, his licence and ...
Narasaraopet Electric Corporation Ltd. and anr. Vs. A. Ramachandran an ...
Court: Andhra Pradesh
Decided on: Jan-28-1974
Reported in: [1983]53CompCas100(AP)
Gopal Rao Ekbote C.J. 1. This is an appeal from the judgment of our learned brother, Narasimham J. (as he then was), given in Company Petition No. 10 of 1968, on 26th of August, 1970. It arises in the following circumstances :2. The respondents herein, who were the petitioners, filed an application under Section 433(f) of the Companies Act, 1956 (hereinafter called 'the Act'), for the winding-up of the Narsaraopet Electric Corporation Ltd. The petitioners held preference shares, i. e., each of them held 100 preference shares, each share being of the value of Rs. 50, fully paid up.3. The company was registered under the Companies Act as a public company limited by shares. The registered office of the company was at Guntur. The nominal capital of the company was Rs. 1,50,000 divided into equity shares and preference shares. 2,000 equity shares were fully paid up and 1,000 preference shares were also paid up. The object of the company was manifold and we will deal with the same at the app...
Rukramaraju Krishnam Raju Vs. Circle Inspector of Excise and ors.
Court: Andhra Pradesh
Decided on: Jan-25-1974
Reported in: 1975CriLJ204
Kondaiah, J.1. The appellants in the writ appeals and the petitioners in the writ petitions are wholesale and retail dealers under the Drugs and Cosmetics Act, 1940 and manufacturers of and dealers in Ayurvedic preparations such as Mruthasanjeevanisura and Kharjurasava. They seek for the issuance of writs of mandamus directing the respondents not to interfere with the sale of the Drugs and their business in manufacture and sale of Ayurvedic preparations. According to the petitioners and the appellants the Excise Authorities are raiding their business premises without any jurisdiction, harassing them and interfering with their lawful business activities of sale of drugs, and manufacture and sale of Ayurvedic preparations and therefore they should be restrained by the issuance of writs of mandamus from interfering with their lawful activities. The respondents filed counters to the effect that the Excise Authorities have received authentic information that the petitioners herein and some ...
Sri Venkateswara Bus Union, Tirupati Vs. the State of Andhra Pradesh a ...
Court: Andhra Pradesh
Decided on: Jan-23-1974
Reported in: AIR1974AP213
ORDER1. The petitioner was a transport operator operating five services a day on the Tirupati Sri Kalahasti route, a short route in the Andhra Pradesh Transport texminology. On 15-1-1972 the General Manager, Andhra Pradesh State Road Transport Corporation published a draft scheme under Section 68C of the Motor Vehicle Act in relation to the Tirupati-Sri Kalahasti route proposing to operate transport services exclusively and to the exclusion of other operators. Within thirty days of the publication of the draft scheme, as prescribed by Section 68-B of the Act, the petitioner and other filed their objections before the State Government. Though the petitioner alleged in his writ petition that the Municipal Chairmen of Tirupati, Sri Kalahasti, Chittoor and Madanpalle also filed objections within the prescribed period, it transpires from the record that the objections were filed long after the expiry of the prescribed period of thirty days. The Secretary to the Government, Home Department, ...
Pobbati Obayya Vs. Amilineni Chinna Venkatappa
Court: Andhra Pradesh
Decided on: Jan-23-1974
Reported in: AIR1974AP232
1. This is a plaintiff's appeal against the judgment and decree in O.S. No. 95 of 1968 on the file of the Court of the Subordinate Judge , Anantapur. The plaintiff filed the suit in forma pauperis for redemption alleging that Ex. B-1 dt. 25-6-1960 is a mortgage by conditional sale executed by the plaintiff in favour of the defendant. On a consideration of the evidence the Court below construed Ex. B-1 as an outright sale with a condition to repurchase. It was held that Ex. B-1 was not a mortgage by conditional sale. So the question in this appeal is whether Ex. B-1 is a mortgage by conditional sale or is a sale deed with a conditional reconveyance.2. The question whether a given document is a mortgage by conditional sale or not has ever been a vexed question. After the amendment of Transfer of Property Act in 1929, in order to constitute a mortgage by conditional sale , under Sec. 58(c) of the Act unless the conditions provided by that section are embodied in the document, no transacti...
Manzoor Ahmed Vs. the State Government and ors.
Court: Andhra Pradesh
Decided on: Jan-19-1974
Reported in: AIR1975AP72
ORDERA. Kuppuswami, J. 1. The question for consideration is whether the petition for review of the Judgment in W. P. 255 of 1969 has to bear Court-fee stamp of Rs. 50/- as pointed out by the office or Rs. 2/- as contended by the petitioner. Notice was given to the Government Pleader and he placed the relevant provision of the Andhra Pradesh Court-fees and Suits Valuation Act before me. He says that the proper Article which governs this petition is Article 5 of Schedule I which deals with application for review of a judgment. In the column relating to proper fee, it is stated 'One half of the fee payable on the plaint or memorandum of appeal comprising the relief sought in the application for review.' It is argued on behalf of the petitioner that as this column refers only to a plaint or a memorandum of appeal, the expression 'judgment' in column No 2 should be understood as only a judgment in a matter which arises out of a plaint or a memorandum of appeal. In as much as a Writ petition...
M.C.S. Reddy Vs. the State (Food Inspector) Cuddapah Municipality
Court: Andhra Pradesh
Decided on: Jan-18-1974
Reported in: 1975CriLJ1015
ORDERPunnayya, J.1. This revision is filed against the order passed bv the Judicial First Class Magistrate Cuddapah in C.C. No. 212 of 1973.2. The Food Inspector filed the complaint against Sri M.C. S. Reddv Manager Integrated Milk Project. Milk Cooling Centre, Mvdukur. alleging that the two samples of milk taken on 28-7-1973 at about 4-30 a. m. from the milk supplied bv the project was adulterated, as opined bv the Public analvst and as such the accused committed an offence under Sections 16(a)(i) and 7 (i) read with Section 2(i)(a) and (1) of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act').3. The accused raised objection against the prosecution. He contended that since he is a Public servant, prosecution without obtaining sanction from State Government under Section 197. Criminal P. C. is bad and therefore praved tlie Magistrate to oass an order to that effect and reject the complaint.4. The learned Magistrate, taking into consideration the principles l...
Saraswathula Kameswaramma and anr. Vs. Radhakrishna and Co. and ors.
Court: Andhra Pradesh
Decided on: Jan-16-1974
Reported in: AIR1975AP65
Chennakesav Reddy, J.1. In this reference made by the District Judge, Visakapatnam under Section 113 C. P. C. the issue that requires resolution is whether the provisions of the Andhira Pradesh Civil Courts Act. 1972 (Act 19 of 1972) are only prospective or retrospective in operation.2. The facts giving rise to the reference are these: Aggrieved against the judgment and decree in O. S. No. 226 of 1971 on the file of the Court of the Subordinate Judge. Visakhapatnam the plaintiffs preferred an appeal to the District Court Visakapatnam. The appeal was valued at Rs. 12,795/-. The suit itself was instituted in the Court of the Subordinate Judge. Visakhapatnam on 4-11-1971. Tht value of the suit was Rs. 12,000/-. After the institution of the suit, the Andhra Pradesh Civil Courts Act. 1972 (hereinafter referred to as the Act') was passed and the said Act came into force on 1-11-1972. The suit was disposed of by the learned Subordinate Judge after the Act came into force on 30th June. 1973. U...
Sudha Ramaiah Vs. the Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jan-16-1974
Reported in: AIR1974AP250
Gopal Rao Ekbote, C.J.1. This is an appeal from the order of a learned single Judge given in W. P. No. 4635 of 1972 on 6-2-1973.2. The necessary facts are that by G. O. No. 1030 dated 20-11-1969 the Government declared certain land to be available for mining lease with effect from 12-1-1970.3. On 12-1-1970 the petitioner applied for grant of prospecting licence over acres 12.50 cents of land.4. On the same day, the 4th respondent herein filed an application for the grant of a lease of mining for 20 years.5. Before the application of the petitioner filed an application on 5-3-1970 to convert his previous application for the grant of prospecting licence to that of granting of lease for 20 years.6. The State Government , however , refused to convert the application . But nevertheless it treated the new application as an application for grant of lease for 20 years .7. Since the Government had not disposed of the applications , the petitioner filed a revision to the Central Government . The...
Commissioner of Income-tax Vs. T. Veerabhadra Rao, K. Koteswara Rao an ...
Court: Andhra Pradesh
Decided on: Jan-16-1974
Reported in: [1976]102ITR604(AP)
Gopal Rao Ekbote, C.J.1. The assessee, a firm, claimed a sum of Rs. 15,100 by way of bad debts in the account of its predecessor-firm. The predecessor-firm of the assessee dealing in rice had business relations with another firm, Lakshmi Trading Company. The said Lakshmi Trading Co. owed Rs. 23,577 to the predecessor-firm. 2. The assessee-firm succeeded to the predecessor firm. It took over the entire assets and liabilities of the predecessor firm including the above said debt due from Messrs. Lakshmi Trading Co. The total amount due on that account was Rs. 40,549. This amount included a sum of Rs. 11,349, being interest on the outstanding amount of Rs. 29,200. The interest became due for the period April 12, 1960, to March 31, 1961. The said interest was taxed in the hands of the assessee-firm for the assessment year 1963-64. 3. On March 31, 1965, the parties effected a settlement. A sum of Rs. 25,000 was accepted by the assessee-firm in full settlement of the above said debt. The bal...
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