Andhra Pradesh Court October 1974 Judgments
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Panchireddi Appala Suramma Alias Gadela Appalasuramma Vs. Gadela Ganap ...
Court: Andhra Pradesh
Decided on: Oct-30-1974
Reported in: AIR1975AP193
S. Obul Reddi, C.J. 1. The short and interesting question that arises in this Civil Miscellaneous Appeal is whether a marriage between two minors, when the bridegroom has not completed the age of eighteen years and the bride the age of fifteen years at the time of the marriage, is no marriage in the eye of law. 2. The facts are not in dispute. The appellant is the wife. Admittedly, she was aged about six years at the date of her marriage with the respondent, who was then eleven years old, the date of marriage being Vaisakha Bahula Pancharm in Hevilambi year (1957). On 6-5-1958, the father of the appellant is alleged to have executed a settlement deed conferring certain rights on the appellant and the respondent. In 1967, misunderstandings arose between the appellant's father and the family of the respondent. The appellant's father then turned out the respondent from his house and executed a revocation deed on 1-5-1967 purporting to revoke the settlement deed executed by him earlier on ...
K. Srinivasulu Vs. Deputy Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Oct-28-1974
Reported in: [1975]35STC262(AP)
ORDERLakshmaiah, J.1. As the two writ petitions raise common points, it is proposed to dispose of them by a common judgment. The two points raised are :(i) Whether live-stock fall under 'goods' within the meaning of Section 2(h) of the Andhra Pradesh General Sales Tax Act ;(ii) Whether the petitioners are entitled for the exemption contemplated under G. 0. Ms. No. 2193, Revenue, dated 19th December, 1961.2. The petitioners in both the writ petitions are dealers in goats and sheep. For the assessment year 1969-70, the respondent in W.P. No. 4419 of 1972, the Deputy Commercial Tax Officer, accepted the return filed by the petitioner therein and assessed him on a purchase turnover of Rs. 2,43,487.75 in goats and sheep.3. The petitioner in W. P. No. 5225 of 1972 is a dealer in goats and sheep at Kodavaluru. His business consists in purchasing locally live-stock such as goats and sheep and selling them to dealers at Madras who in their turn sell them to butchers in Madras. For the year 1968...
Jagadish Prasad Gupta Detenu Central Jail Vs. the State of Andhra Prad ...
Court: Andhra Pradesh
Decided on: Oct-28-1974
Reported in: 1975CriLJ1017
Chinnappa Reddy, J.1. On 16-10-1974 we directed the release of the detenu and announced that we would give our reasons later. We now proceed to state our reasons.2. We confess that we are not a little perturbed, by the very casual and often indifferent manner in which orders of detention appear to have been made in some of the cases that have come before us recently. In fact, in some cases, we were left with an uneasy feeling that the very carelessness was designed to furnish ammunition for attack. We do hope, it was not so. but that it was mere carelessness. But, if it was carelessness concerned as we are with the liberty of the subject, we must hasten to sav that detaining authorities should act with great caution, utmost circumspection, and a deep regard for fundamental liberties. To act in any other manner, is trulv unpardonable. To detain a person without trial, is indeed & serious matter. It offends the ordinary standards of fair-plav observed 'land well established in democratic...
Chigurupalli Suryanarayana Vs. the Amadalavalasa Co-operative Agricult ...
Court: Andhra Pradesh
Decided on: Oct-17-1974
Reported in: AIR1975AP196
ORDERPunnayya, J. 1. This revision petition is directed against the order passed by the Additional Subordinate Judge, Srikaku-lam in I. A. No. 52/73 in S. C. 31/73. 2. Two questions of law require consideration in this revision petition. They are: (1) Whether it is necessary under the proviso to Section 17(1) of the Provincial Small Cause Courts Act (hereinafter called 'the Act') that deposit of decretal amount should be made along with the application presented for setting aside the ex parte decree; and (2) whether it is not necessary for the court to give a finding on the question of sufficiency of cause for setting aside the ex parte decree under Section 17(1) of the Act. 3. The learned Additional Subordinate Judge passed ex parte decree on 8-10-1973 against the respondent herein. The respondents filed I. A. No. 52 of 1973 for setting aside the ex parte decree on 16-10-1973. He also applied for challan for Rs. 400/- on 18-10-1973 and the challan was given by the court to the respond...
The Public Prosecutor Vs. Shaik Galib and ors.
Court: Andhra Pradesh
Decided on: Oct-11-1974
Reported in: 1975CriLJ952
S. Obul Reddi, C.J. 1. The State appeal is directed against the acquittal of A-1 an A-2 of the offence under Section 3 of the Railway Property (Unlawful Possession) Act, 1966. Section 3 in these terms:3. Penalty for unlawful possession of railway property. Whoever is found, or is proved to have been, in possession. of any railway property reasonably suspected of having been stolen or unlawfully obtained shall, unless he proves that the railway property came into his possession lawfully be punishable.(a) for the first offence with imprisonment for a term which may extend to> five years, or with fine, pr with both and1 in the absence of special and adequate reasons to be mentioned in the judgment of the Court, such imprisonment shall no be less than one year and suc-h fine shall not be less than one thousand rupees;(b) for the second or a subsequent offence with imprisonment for a term which may extend to five years and also, with fine and in the absence of special and adequate reasons t...
Kattamuri Venkata Satya Prasad Vs. the Chief Secretary to the Govt. of ...
Court: Andhra Pradesh
Decided on: Oct-11-1974
Reported in: 1975CriLJ1514
Chinnappa Reddy, J.1. The petitioner holds a licence under the Andhra Pradesh Food Grains Dealers' Licensing Order and was an 'authorised fair price shop' under and as defined in the Andhra Pradesh Scheduled Commodities (Regulation of Distribution by Card System) Order 1973, until such authorisation was cancelled by the Sub-Collector's proceedings dated 10-9-1974. Pursuant to an order made on 15-8-74 under Section 3 (1) (a) (iii) of the Maintenance of Internal Security Act the petitioner is detained in the Central Jail. Warangal. He claims his liberty and seeks a Writ of Habeas Corpus under Article 226 of the Constitution.2. The 'grounds of detention' supplied to the petitioner alleged that the petitioner, a 'Fair Price Shop dealer in rice', was allotted 75 quintals of rice by the Sub-Collector to be distributed to consumers in Blocks Nos. 7 to 12 of Dhowleswram through his fair price shop. The petitioner took delivery of 50 quintals on 25-7-1974. The Assistant Collector Rajahmundry an...
G. Jagadishwar Reddy and ors. Vs. Railways, Guntakkal Division
Court: Andhra Pradesh
Decided on: Oct-09-1974
Reported in: (1975)ILLJ351AP
Alladi Kuppuswamy, J.1. The petitioners in all these writ petitions are casual labourers employed in the Southern Railway. As they have been in service continuously for the required period, they have acquired the status of temporary servants. In these writ petitions they question the validity of the notices of termination of their services. Except for some differences in minor particulars, the facts are practically identical and questions of law that arise for consideration are the same in all the writ petitions and hence they have been heard together and are being disposed of by this common judgments.2. By an order dated 25-11-1973 issued in exercise of the powers conferred under Rule 118 of the Defence of India Rules, 1971, the Government of India prohibited any strike in connection with any industrial dispute in the railway services in India for a period of six months with effect from 26th November, 1973. This order of the Government of India was communicated to all the members of t...
T. Jagannadha Reddy Vs. the Managing Committee, Co-operative Marketing ...
Court: Andhra Pradesh
Decided on: Oct-08-1974
Reported in: AIR1975AP134
S. Obul Reddi, C.J.1. The writ appeal is directed against the judgment of our learned brother, Alladi Kuppuswami, I. in W. P. No. 2896 of 1973 allowing the writ petition filed for the issue of a writ of prohibition restraining the District Collector (Cooperation) Warangal, from proceeding further in pursuance of his proceedings dated 13-4-73 issued under Section 34 of the Andhra Pradesh Co-operative Societies Act, hereinafter referred to as the 'Act' proposing to supersede the Managing Committee of the 1st Respondent-Society.2. The question that came up for consideration before our learned brother was whether the District Collector has power to issue the show-cause notice under Section 34. It was contended before our learned brother that the District Collector has no jurisdiction to issue the impugned notice inasmuch as be was not empowered under the schedule (G. O. Ms. No. 38 Planning and Co-operation Department, dated 22-9-1970) to exercise the powers of a Registrar. Our learned brot...
Additional Commissioner of Income-tax Vs. Trustees of H.E.H. the Nizam ...
Court: Andhra Pradesh
Decided on: Oct-04-1974
Reported in: [1976]102ITR248(AP)
1. Two questions have been referred to this court by the Income-tax Appellate Tribunal at the instance of the Additional Commissioner of Income-tax, Andhra Pradesh, Hyderabad. They are :'(i) Whether, on the facts and in the circumstances of the case, the conversion of 6,000 preference shares of Hindustan Motors Ltd., into 60,000 ordinary shares amounted to 'exchange' within the meaning of Section 45 of the Income-tax Act, 1961 and (ii) If the answer to the above question is in the negative, whether the surplus of Rs. 3,04,639 derived by the assessee on the sale of 30,000 ordinary shares of Hindustan Motors Ltd. was short-term capital gains ?' 2. The facts leading to the reference are these : The assessee, the trustees of the H.E.H. the Nizam's Second Supplement Family Trust, was assessed in the status of association of persons. For the assessment year 1963-64, the assessee submitted its return of income admitting an amount of Rs. 3,04,679 as income from long-term capital gains. The as...
Yalavarthi Gopala Rao Vs. Bommisetty Seshaiah
Court: Andhra Pradesh
Decided on: Oct-01-1974
Reported in: AIR1975AP155
ORDERRamachandra Raju, J.1. The plaintiff in O. S No. 314 of 1972 on the file of the court of the 1st Additional Dist. Munsif, Vijayawada, is the petitioner. The revision is directed against the order of the lower court refusing to amend the plaint. The suit is filed on the basis of a promissory note which was held to be not admissible in evidence on the ground that it was insufficiently stamped. The amendment sought for is to base the suit on the original cause of action. The Lower Court refused the amendment on the ground that on the date of the amendment petition the suit would be barred by time and if the amendment is to be allowed at that stage it would work to be an injustice to the defendant by depriving him of a valuable defence based on limitation which cannot be compensated by costs. In coming to that conclusion the lower court mainly relied on a decision of this court in Yarlagadda Veeraiah v. Kawali Mining Corporation, : AIR1973AP170 on the ground that the facts in the pres...
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