Andhra Pradesh Court August 1974 Judgments
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Mohd. BurhanuddIn Vs. Savitri Bai
Court: Andhra Pradesh
Decided on: Aug-13-1974
Reported in: AIR1975AP168
ORDERSambasiva Rao, J.1. The question I have to answer in these two revision petitions is whether the executing Court is bound to undo the acts and orders it has done and Passed after the Appellate Court has stayed the execution.2. The following circumstances are material for consideration of this question. In O. S. No. 49 of 1969 in the District Munsiff's Court, Bhainsa. there was a decree for possession passed against the present petitioner on his application, the trial Court stayed the execution of the decree under Order 41, Rule 5 (2) Civil Procedure Code till 16th of June, 1972. to enable him to approach the Appellate Court for appropriate stay orders. Accordingly, the petitioner preferred A. S. No. 12 of 1972. to the District Court. Adilabad and obtained orders of stav in I. A. No. 465 of 1972 on 16th of June, 1972. Since the stay was granted by the Court of first instance only till 16th of June, 1972, the matter was posted before that Court for execution. On that dav. expecting ...
The Public Prosecutor Vs. Legisetty Ramayya and anr.
Court: Andhra Pradesh
Decided on: Aug-12-1974
Reported in: 1975CriLJ144
B. Raju, J.1. (D/- 18-4-1974). This is an application by the State of Andhra Pradesh for revision of the decision of the Sessions Judge, Kurnool in Cri. A. No. 170 of 1970 acting under the powers conferred upon him under Section 6C of the Essential Commodities Act 10 of 19-55. In Section 2A of the Essential Commodities -Act heads of commodities which come within the meaning of 'essential commodity' are listed among which are included foodstuffs. For maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, provision is made under Section 3 of the Essential Commodities Act to make orders for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein. Under this provision several orders were made from time to time either by the Central Government or by the State Governments under delegation of powers. With regard to foodgrains, edible oilseeds and edible oils, p...
Kankanala Venkata Subbaiah Vs. Kankanala Rathamma and ors.
Court: Andhra Pradesh
Decided on: Aug-09-1974
Reported in: AIR1975AP197
Kondaiah, J. 1. These petitions are by the plaintiff-appellant in A. S. No. 571/ 69. The former one is to record the award made by the arbitrators and filed into court on 8-3-1972 in the form of a memorandum and pass a decree in terms thereof. The latter is an application to record compromise according to the terms and conditions mentioned in the said memorandum of compromise. 2. The material facts leading to these applications may briefly be stated: the petitioner-appellant instituted a suit O. S. No. 42/63 against his wife, the 1st respondent and the 2nd respondent, her sister and four others in the Court of the Subordinate Judge, Ongole for declaration of his right to enjoy the plaint schedule properties during his lifetime and for delivery of their possession and for future profits. The basis for his claim was a registered settlement deed Ex. A-l executed on 7-2-1960 by his father-in-law, Bandaru Seshaiah whereunder life estate was given to him and the remainder to his son K. Anjan...
Thummala Suryamma Vs. the Andhra Pradesh State Electricity Board and o ...
Court: Andhra Pradesh
Decided on: Aug-08-1974
Reported in: AIR1975AP90
ORDERRamachandra Raju, J.1. This revision is directed against an order setting aside the decree in O. S. No. 172 of 1968 on the file of the Court of the Subordinate Judge, Kakinada under Order 9, Rule 13 C. P. C. treating the decree as one passed under Order 17, Rule 2 C P. C. The plaintiff is the petitioner. One of the objections raised by the petitioner in the lower Court was that the decree passed by the lower Court is one which comes under Order 17, Rule 3 C.P. C. and not under Order 17, Rule 2, C. P. C. and therefore the proper course for the defendant-respondent would have been to file a regular appeal to set aside the decree passed in the suit. The lower Court did not agree with that contention relying on a bench decision of this Court reported in Suryarao v. Ped-dayya, : AIR1967AP152 .2. What happened in the present case is that when the suit came up for trial on 12-7-1972 the defendant's counsel asked for an adjournment and it was refused. Thereafter the defendant's counsel di...
State of Andhra Pradesh Vs. G. Mastan Rao and ors.
Court: Andhra Pradesh
Decided on: Aug-08-1974
Reported in: AIR1975AP206
S. Obul Reddi, C.J.1. This Writ Appeal, preferred by the Government, is directed against the judgment of our learned brother, Chinnappa Reddy. J., in Writ Petition No. 5649 of 1972, striking down Clauses (a) and (b) of the proviso to Clause 3 (2) of the Andhra Pradesh Rice Procurement (Levy) and Restriction on Sale Order, 1967 (hereinafter referred to as the Control Order).2. The facts leading to the filing of the writ appeal are these: The respondents, some of them agricultural labourers, some of them cultivators and others who had purchased paddy from cultivators, filed the writ petition questioning the restrictions imposed upon the cultivators and agricultural labourers to get paddy milled for their personal consumption. It is the case of the respondents that the Control Order has been promulgated imposing obligations only on millers and dealers in the matter of making available certain percentage of the total quantity of rice produced or manufactured by a miller at his rice-mill an...
Smt. Yawarunnissa Begum Vs. Wealth-tax Officer, a Ward
Court: Andhra Pradesh
Decided on: Aug-08-1974
Reported in: [1975]100ITR645(AP)
Obul Reddi, C.J. 1. The short question that arises in these two writ petitions is whether action can be taken against the legal representatives of an assessee under Section 18(1)(a) of the Wealth-tax Act on the ground that the assessee had failed to furnish return of his net wealth without reasonable cause within the time allowed and in the manner required. 2. Nawab Gazi Jung Bahadur was an assessee under the Wealth-tax Act. For the assessment years 1968-69 and 1969-70, he had made an application under Section 14(3) of the Wealth-tax Act for extension of time to file the returns. He finally filed the returns for both the assessment years on September 30, 1970. They were accepted and assessments were made on February 18, 1971, for both the assessment years. In the orders of assessment, there was no reference at all to any default having been committed by the assessee in filing the returns beyond the time prescribed. The assessee died on September 17, 1971. At no time, during his lifetim...
Motilal Srinivasa Sarda Vs. the Netha Co-operative Spinning Mills Ltd.
Court: Andhra Pradesh
Decided on: Aug-06-1974
Reported in: AIR1975AP169
A.V. Krishna Rao, J.1. The plaintiff's firm is the appellant. The suit was filed for recovery of Rs. 51,915.14. The said amount included a claim by way of damages for breach of contract committed by the defendant and also for unpaid sale price inclusive of interest. The trial Court decreed the suit in respect of the unpaid sale price and dismissed the suit for damages for breach of contract. There is no appeal by the defendant re-garding this portion of the decree and that has become final.2. The case of the plaintiff in the plaint is that it is a firm carrying on busines as suppliers of different varieties of cotton to several cotton Textile Mills. The defendant is one such mill. The defendant had placed orders tor the supply of cotton bales of Koppal Lakshmi Variety by their letters dated 7-5-1963 (Ex. A-1) and 8-6-1963 (Ex. A-2). By the order dated 7-5-19153 the plaintiffs were to supply 300 bales, while by the order dated 8-6-1903 they had to supply 300 bales of cotton. Pursuant to...
Controller of Estate Duty Vs. Estate of Late Rani Ranganayakamma (by A ...
Court: Andhra Pradesh
Decided on: Aug-05-1974
Reported in: [1976]103ITR586(AP)
Sambasiva Rao, J.1. Rani Ranganayakamma left behind her considerable properties when she died on April 9, 1955. She also owned jagir lands, which had been taken over by the Government. The jagir commutation amount was also tentatively fixed at Rs. 5,21,241 payable in 40 instalments from April 1, 1950, to March 31, 1960. She received before her death 19 instalments, the total of which was Rs. 2,47,592. Nearly four years after her death, i.e., in 1959, another award was passed on the initiative of her legal representatives estimating the compensation at Rs. 9,30,559. There was yet another revision of the compensation amount on October 9, 1961, when it was fixed at Rs. 10,16,959 and it was payable from December 23, 1961.2. When the matter came up for levying estate duty on properties belonging to her which passed on her death, the Deputy Controller of Estate Duty calculated the compensation amount on the basis of Rs. 10,16,959 and levied duty on Rs. 6,30,628 after making the necessary ded...
Thammana Nukiah Shetti Vs. Velapa Appalaraju and ors.
Court: Andhra Pradesh
Decided on: Aug-01-1974
Reported in: AIR1975AP208
Sambasiva Rao, J.1. The principal question that needs to be answered by us in this Letters Patent Appeal is, whether an auction-purchaser of the shares of two members of a family, which has undergone division in status but has not divided its assets by metes and bounds, is entitled to have mesne profits from the date of the sale in his favour.2. This question arises in the appeal brought by the 2nd defendant against the judgment and decree of our learned brother Ramachandra Rao J. in A. S. No. 483 of 1970 confirming the judgment and decree of the Subordinate Judge's Court Visakapatnam in O. S. No. 119 of 1967. That suit was filed by the present respondent for partition of a house into seven shares and for possession of two such shares, and for past and future mesne profits on that 2/7th share. He sought past mesne profits right from the date on which he purchased the 2/7th share in the court auction on 7-7-1974. A third party had obtained a money decree against defendants 1 and 2, who ...
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