Andhra Pradesh Court August 1974 Judgments
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Commissioner of Income-tax Vs. K.S. Reddy
Court: Andhra Pradesh
Decided on: Aug-28-1974
Reported in: [1976]103ITR822(AP)
Obul Reddi, C.J.1. The question referred for our decision is : ' Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the net profits should be estimated on the net amount received by the assessee, i.e., after deducting the cost of material supplied by the Government from the gross amount of the bills '2. The assessee is a contractor executing works of various Government departments. He filed a return declaring an income of Rs. 20,852 from his contract business and from a printing press which he runs. It has been the assessee's case throughout that he has not maintained any accounts for the various contract works executed by him. He, however, produced receipts showing the amounts received by him from the Government for the various contract works executed by him. He supplied the following figures for the three assessment years in question :PeriodGross amountMaterials supplied by the Govt.Net amount Rs.Rs.Rs.1.1960-611,41,83467,...
Ganesh Parshad Vs. Adi Hindu Social Service League Represented by Its ...
Court: Andhra Pradesh
Decided on: Aug-23-1974
Reported in: AIR1975AP310
Sriramulu, J. 1. This Letters Patent Appeal is directed against the judgment of our learned brother, Madhava Reddy J. in A. A. A. O. No. 16 of 1971, allowing the appeal and setting aside the judgments and decrees of the lower courts.2. The material facts are : The respondent Society, called 'Adi Hindu Social Service League' is a society registered under the Hyderabad Societies Registration Act. The respondent-Society runs a girls' school in the main building bearing No. 480 at Esamiah Bazar, Hyderabad; adjacent to the main building there is an open plot of land measuringabout 81 sq. yards. After executing a rental agreement, the appellant herein obtained the said open plot of lend, bearing Municipal No. 4-7-1081 from the then Secretary of the respondent-Society on a monthly rent of Rs. 7. The appellant put up a thatched hut in the said vacant land. The appellant agreed to remove the hut when he vacates the plot of land.3. Since the appellant herein failed to pay rents in respect of the...
Y. Mohan Rao Vs. the Principal, Guntur Medical College and ors.
Court: Andhra Pradesh
Decided on: Aug-22-1974
Reported in: AIR1975AP82
ORDERRamachandra Rao, J.1. This is a petition filed under Article 226 of the Constitution of India for the issue of a writ of certiorari calling for the records relating to Re. No. 8593/S1/73 dated 2-5-1974 of the Principal Guntur Medical College, Guntur, and to quash the same.2. By the impugned order, the petitioner's provisional selection to the 1st year Integrated M. B. B. S. Course of 1073-74 was cancelled by the Selection Committee 'as he is not a Hindu by birth as required in G.O. Rt. No. 1315 Health dated 4-12-1978.'3. In the petition it is stated that the State of Andhra Pradesh in G. O. Rt. No. 1315 dated 4-12-1973, laid down the rules as to admission to 1st year Integrated M. B. B. S. Course for the year 1973-74 and invited applications and the selection was to be made on the basis of merit in the entrance test subject to certain reservations. The petitioner states that he passed the Intermediate examination and possesses the required qualifications, that he belongs to the Ma...
Sri Venkateswara Rice Mill and ors. Vs. State of Andhra Pradesh and an ...
Court: Andhra Pradesh
Decided on: Aug-20-1974
Reported in: AIR1975AP84
Obul Reddi, C.J.1. In these two writ petitions the validity of clause 3 (1) of the Andhra Pradesh Rice Procurement (Levy) and Restriction on Sale Order, 1967 (hereinafter referred to as the 'Procurement Order') is involved. For the purpose of determining the question involved it would suffice if we refer to the facts stated in W. P. No. 4110 of 1974.2. There are 37 petitioners. Among them petitioners 1 to 30 are millers and petitioners 31 to 37 are dealers. The millers carry on milling operations for hire and none of them carry on business in foodgrains. The millers i, e. petitioners 1 to 30 do not hold foodgrains dealers' licence. According to them, dealers having licence and producers bring paddy to their mills for milling purposes and therefore when they do not produce or manufacture rice' they cannot he called upon to sell particular percentage of rice milled at their respective mills under the rice levy system. Therefore, what they contend is this rice levy applies only to dealers...
Subhadramma Vs. Palaksha Reddy and ors.
Court: Andhra Pradesh
Decided on: Aug-20-1974
Reported in: AIR1975AP165
ORDERRamachandra Raju, J.1. This revision petition is filed by the 2nd defendant against the finding given by the court of Subordinate Judge, Adoni, in O. S. No. 27 of 1972 on application filed by her to try the issue framed in the suit on the question of court-fee. Whether the court fee paid by the plaintiffs is not correct as a preliminary issue, that the court fee already paid by the plaintiffs valuing the suit properties under Section 34(2) of the Andhra Pradesh Court-Fees and Suits Valuation Act, 1956 (hereinafter referred to as 'the Court-Fees Act') is proper. The suit was filed for partition of joint family properties by two minor plaintiffs against their paternal grand-father defendant No. 1, paternal grand-mother defendant No. 2 paternal uncle defendant No. 3, the sister of the plaintiffs, defendant No. 4, their mother defendant No. 5 and the widow of the late brother of the plaintiffs, defendant No. 6. The second defendant filed a written statement taking a plea that some of ...
Parashuram Prakash and ors. Vs. State (Special Police Establishment)
Court: Andhra Pradesh
Decided on: Aug-20-1974
Reported in: 1975CriLJ762
ORDERChennakesav Reddy, J.1. The only question that arises in this petition is whether a case properly committed by a competent Magistrate before the Code of Criminal Procedure, 1973 came into force, and now pending is to be tried in accordance with the procedure prescribed for the trial of cases before the Courts of Session, by Chapter XVIII of the said Code or by Chapter XXIII of the Criminal Procedure Code of 1898.2. The material facts giving rise to this petition which are neither complex nor long drawn out are these. The petitioners are the accused in Sessions Case No. 18 of 1974 on the file of the Court of the First Additional - Assistant Sessions Judge. Vijayawada. On an enquiry held by the IV City Magistrate cum-Special Magistrate, Hyderabad. in P. R. C. No. 8 of 1970, the accused were committed to take their trial before the Court of Session, Hyderabad, by an order dated 4-7-1972 for offences under Sections 120B, 420, 466, 467 read with 471, 3. P. C. The said case was made ove...
The Public Prosecutor, High Court of A.P., Hyderabad Vs. Adunuthula Ki ...
Court: Andhra Pradesh
Decided on: Aug-14-1974
Reported in: AIR1975AP54
S. Obul Reddi, C.J. 1. In these two applications, the question that arises for consideration is whether it is necessary under Section 378(3) of the Code of Criminal Procedure, 1973, for the Public Prosecutor to file one application in the first instance seeking leave of the Court and in case leave is granted, to file another application for an appeal being entertained by the Court. 2. Our learned brother, Kondaiah, J. in S.R. No. 24073 of 1974 (Criminal Appeal) (since reported in 1975 Cri LJ 141 (Andh. Pra.)--Ed.) construing the provisions of Section 378, expressed the view that the State Government or Central Government, as the case may be, must obtain the leave of the High Court before appeals are preferred against acquittals by them just as in the case of a private complainant. 3. Mr. Jayachandra Reddy, the learned Public Prosecutor appearing for the State, contended that a comparison of the language employed in Sub-sections (3) and (4) of Section 378 would make it clear that the Pa...
M. Narayanaswami Vs. V. Yangatanna
Court: Andhra Pradesh
Decided on: Aug-14-1974
Reported in: AIR1975AP88
ORDERRamachandra Raju, J.1. The plaintiff in O. S. No. 54 of 1973 on the file of the Court of the District Munsif. Dhone is the petitioner. He filed the suit against the respondent to recover some money on the basis of a promissory note said to have been executed by him in his favour. The respondent denied the borroving of any money from the petitioner and the execution of any promissory note in his favour. The petitioner filed an application, out of which this revision has arisen, requesting the Court to direct the respondent to attend the Court and give his specimen left hand thumb impression for the purpose of comparing the thumb impression in the suit promissory note by a Fingerprint Expert to find out whether the thumb impression in the suit promissory note is that of the respondent or not. The respondent opposed it by filing a counter stating that the petition is not maintainable and contending that there is no provision of Jaw under which a Court is empowered to direct a party t...
Ganganapalli Moorthanna Vs. Ganganapalli Chinna Ankiah and ors.
Court: Andhra Pradesh
Decided on: Aug-13-1974
Reported in: AIR1975AP97
Sambasiva Rao, J.1. The principal question that arises for decision in this appeal is whether Trust created by a Hindu for repairs, maintenance and worship at the tomb of a Muslim Saint is valid and can be enforceable. It is the important contention raised on behalf of the 1st defendant who is the appellant in the appeal. It arises out of O. S. No. 18/ 1969 on the file of the Additional District Judge's Court, Cuddapah.2. Six persons filed the above suit for declaring that the schedule mentioned properties are the trust properties relating to the Trust created by Gangana-palli Kotamma by her will dated 20th of March. 1930 and for delivery of possession of those properties to them who claimed to be the present trustees. The properties are two terraced houses in Ward No. 9 of Proddatur town.3. The material averments in the plaint are :By and under a will dated 20th of March. 1930 (Ex. A-3) Ganaanapalli Kotamma endowed the above said two houses and land of the extent of Acs. 12-90 cents f...
Ghulam Samdani Vs. Andhra Pradesh Waqf Board, Hyderabad and ors.
Court: Andhra Pradesh
Decided on: Aug-13-1974
Reported in: AIR1975AP104
ORDERRamachandra Rao, J.1. This is an application for the issue of a writ of certiorari to quash an order of the Legal Adviser of the Andhra Pradesh Wakf Board. Hyderabad passed in File No. 38/8/71. SNTC, dated 5-10-1971 in and by which he purported to appoint one Prof. Sved Mohammed as an Official Receiver of the mosque Jamay Masjid. Charminar and its attached pro-pertv pending enquiry under Section 45 of the Wakf Act, 1954. The main contention of Sri Upendralal Waghray, learned counsel for the petitioner: is that Section 45 of the Act merely contemplates an enquiry, and Rule 10-A of the Rules framed under the Wakf Act under which the Receiver is appointed pending such an enquiry is ultra vires of the Dowers of the rule-making authority and secondly it is contended that the Legal Adviser has no iurisdiction or power to appoint a receiver as he was not duly authorised in that behalf by the resolution of the Board as the resolution was published on 24-2-1972 and not by the date of the p...
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