Andhra Pradesh Court January 1975 Judgments
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M. Veera Raghaviah Vs. M. China Veeriah and anr.
Court: Andhra Pradesh
Decided on: Jan-30-1975
Reported in: AIR1975AP350
Sambasiva Rao, J.1. The plaintiff has preferred this appeal. He filed before the lower court in his bid for securing performance of an agreement of sale executed in his favour by the first defendant. He has now filed C. M. P. No. 1831 of 1974 to amend the plaint seeking performance of the agreement by the first defendant-respondent to the extent of the land to which he is entitled to with the stipulated price of Rs. 6,300/- per acre, in case he is unable to perform the whole of the agreement and for refund of the amount paid in excess to him, or in the alternative for refund of the entire amount of Rs. 15,000/- with interest at 5% per annum.2. The plaintiff alleges: The agreement is Ex. A-1 dated 27th January, 1969 and is in respect of Ac. 5-10 cents. The first defendant (respondent No. 1) alone executed this agreement agreeing to sell the aforesaid land at the rate of Rs. 6,300/- per acre. The sale was to be completed by the end of May of that year after measuring the land. The transa...
The Official Receiver, Kurnool Vs. the South Indian Mining and Slabs C ...
Court: Andhra Pradesh
Decided on: Jan-27-1975
Reported in: AIR1976AP48
ORDER1. The revision petition arises in the matter of insolvency of a judgment-debtor whose property was brought to sale in execution at the instance of a decree-holder and assets were realised by the executing Court before the insolvency petition was filed. We are concerned in this revision petition largely with what effect Section 51(1) of the Provincial Insolvency Act, hereinafter referred to as 'the Act' will have on such assets.2. On 28-10-1967 a creditor's insolvency petition, No. 24 of 1967 was filed on the file of the Court of the Subordinate Judge, Kurnool, against one N.Ramachandra Reddy, who is the judgment-debtor in O.S. No. 68 of 1962 on the file of the same Court pending adjudication, the Official Receiver was appointed as Interim Receiver to his properties. The judgment-debtor was finally adjudicated insolvent on 11-7-1968. Even before the insolvency were brought to sale on 27th and 28th September 1967 and they were sold for a sum of Rs. 53,400/- in E.P. No. 28 of 1966.O...
NazeeruddIn Vs. Ram Devi
Court: Andhra Pradesh
Decided on: Jan-23-1975
Reported in: AIR1976AP50
ORDER1. The question which arise in this Civil Revision is whether the Court can amend under Section 152 Civil P.C. the judgment and decree granting specific performance, when it had entitled to specify the time before which the specific performance should be completed.2. The material facts are : The respondent filed the suit on the foot of an agreement of sale for specific performance. It was decreed on 12-2-1971 saying that on the payment of Rs. 15,000/- the defendant should execute the reconveynce document in favour of the plaintiff. It, however, omitted to fix the time before which such amount should be paid and the reconveyance deed should be executed. So, the defendant filed a petition, out of which the present revision arises to amend the judgment and decree under Sections 152 and 151 to rectify the defect it arose out of an accidental slip or omission.It is well known that the time for the payment and the execution of the document are generally fixed in judgments and decrees fo...
Government of Andhra Pradesh Vs. K. Padma Rani and ors.
Court: Andhra Pradesh
Decided on: Jan-23-1975
Reported in: AIR1976AP122
Raghuvir, J. 1. This Civil Miscellaneous Appeal and Cross-objections are filed against the decree and judgment of the learned Additional District Judge and Motor Accidents Tribunal, Kurnool in M.V.O.P. No. 11 of 1969 dated 5th January 1972. The 3rd respondent, namely, the Government of Andhra Pradesh, is the appellant herein.2. On 6-12-1968, M.Veer Naidu, the 3rd respondent in this appeal was driving a tipper vehicle No. APV 4276, loaded with jelly, and was proceeding towards Srisailam Dam site. At K.M. Stones 3/6 and 3./5 on Ghat Road at the second turning he was proceeding at high speed and came across a jeep. APQ No. 2208. The 4th respondent, Shaik Salam was at the wheel. In this jeep late K. Sreerammurthy, a junior Engineer of the P.W.D. Janakiramaiah, an Assistant Engineer, Chalasani Rangarao, a supervisor and one P.V.Ramaniah and some others were proceeding towards Srisailam colony for their lunch after working at the Dam site. The jeep was negotiating upgradient at that spot.3. ...
The Andhra Cement Company Ltd. Vs. Government of Andhra Pradesh and or ...
Court: Andhra Pradesh
Decided on: Jan-22-1975
Reported in: AIR1976AP84; [1976]37STC602(AP)
S. Obul Reddi, C.J.1. These two writ petitions are directed against the assessment orders of the Commercial Tax Officer, Krishna West I, Vijayawada, dated 10-12-1973 for the two assessment years in question. The assessing authority has failed to follow the Judgment of this court in Ramakrishna Cements Macherla v. Govt. Of Andhra Pradesh (1972) 29 STC 507 = (1973 Tax LR 1823) (Andh. Pra.) on the ground that that decision has been distinguished by the Patna High Court in Commissioner of Commercial Taxes, Bihar v. Ashok Marketing Ltd., (1973) 32 STC 411 = (1974 Tax LR 1874) (Pat.) The Patna High Court, as may be seen from the impugned order of the Commercial Tax Officer, observed :--'The A.P. High Court has merely followed the decision of the Supreme Court in Hyderabad Asbestos Cement Case and if I may say so with very great respect without noticing the crucial and vital point of distinction between that case and the kind of case which was being dealt with by the A.P. High Court and which...
Simhachala Mahanti Vs. Bhagirathi Mahanti
Court: Andhra Pradesh
Decided on: Jan-21-1975
Reported in: AIR1976AP83
1. This is an appeal by the 1st respondent in O.P. No. 11 of 1971 on the file of the court of the District Judge, Srikakulam. The respondent herein filed O.P. No. 11 of 1971 under Section 71 of the Indian Lunacy Act for his being appointed as the property guardian of the property described in the A schedule of the petition belonging to the alleged lunatic The petitioner in the O.P. was examined as P.W. 1 and the appellant herein (1st respondent therein) was examined as R.W. 1. A few documents were marked in the case. 2. The facts necessary for the disposal of the appeal may be briefly stated. One Malathi Mahantiani, the alleged lunatic, is the widow of the brother of the petitioner Bhagirathi Mahanthi. In settlement of the widow's claim for maintenance, under the original of Exhibit A-1, on 26-6-1950 certain property was settled on Malalthi Mahanthiani. Under the terms of the settlement deed, an extent of four acres of wet land described in the A schedule to the petition was given to M...
Bhagwan Das Behi Vs. Union of India (Uoi)
Court: Andhra Pradesh
Decided on: Jan-20-1975
Reported in: 1975CriLJ946
ORDERChennakesav Reddy, J.1. In this petition presented under Section 482, Criminal Procedure Code the only auestion that arises is whether the petitioner is a person accused of an offence entitled to the protection of Article 20(3) of the Constitution of India and the statement made by him to P.W. 1 on 4-9-1970 is inadmissible in evidence against him.2. The facts giving rise to the petition may be broadly stated. The petitioner is the first accused in the case. He is the partner of the firm M/s. R. L, Bhagwan Das. Amritsar who deals in manufacture of gold ornaments and jewellery of 22 carats. Their firm gets ornaments and jewellery made out in their shop. The firm has licence No.' 91/ Gold dealer/ASR/63 issued bv the Assistant Collector, Central Excise, Amritsar to sell gold ornaments throughout India. Accused Nos. 2 and 3 are Hhe servants and authorised persons of the firm. Accused No. 2 attends to the pale of gold ornaments of the firm while accused No. 3 assists accused No. 2. Unde...
Gundu Akkiraju and Suryanarayanamurthy Vs. the Board of Revenue (Comme ...
Court: Andhra Pradesh
Decided on: Jan-18-1975
Reported in: [1976]37STC372(AP)
S. Obul Reddi, C.J.1. The only question that is raised and arises in this special appeal is whether the order of the Commissioner of Commercial taxes is in contravention of Section 20, Sub-section (2-A), of the Andhra Pradesh General Sales Tax Act, hereinafter referred to as 'the Act'.2. The facts necessary for determining the question involved are these: The appellant is a firm of contractors and dealers in paddy and rice. Its turnover for the assessment year 1963-64 was Rs. 5,62,350.08. On that turnover, the appellant was assesseed to tax at the rate of 2 per cent. Aggrieved by that assessment made at the rate of 2 per cent, the appellant preferred an appeal unsuccessfully to the Assistant Commissioner of Commercial Taxes. On further appeal to the Tribunal, the Tribunal remitted the matter to the assessing authority to determine the rate of tax having regard to the decision of this Court in State of Andhra Pradesh v. Oruganti Venkateswarlu & Bros. [1967] 20 S.T.C. 340 On remand, the ...
M/S. Gundu Akkiraju and Suryanarayanamurthy, Contractors, Shri Venkate ...
Court: Andhra Pradesh
Decided on: Jan-18-1975
Reported in: (1976)5CTR(AP)133
S. OBUL REDDI C.J. - The question that is raised and arises in this special Appeal is whether the order of the Commissioner of Commercial Taxes is in contravention of section 20, sub-section (2-A) of the Andhra Pradesh General Sales Tax Act, hereinafter referred to as the Act.2. The facts necessary for determining the question involved are these. The appellant is a firm of contractors and dealers in paddy and rice. Its turnover for the assessment year 1963-64 was Rupees 5,62,350.08. On that turnover, the appellant was assessed to tax at the rate of 2 per cent. Aggrieved by that assessment made at the rate of 2 per cent the appellant preferred an appeal unsuccessfully to the Assistant Commissioner of Commercial Taxes. On further appeal to the Tribunal, the Tribunal remitted the matter to the assessing authority to determine the rate of tax having regard to the decision of the Court in State of Andhra Pradesh vs. Oruganti Venkateswarlu and Brothers, (1967) 20 STC 340 (Andh. Pra). On rema...
Desiraju Subba Rao Vs. M.V. Venkata Reddi and anr.
Court: Andhra Pradesh
Decided on: Jan-18-1975
Reported in: 1975CriLJ1124
ORDERPunnayya, J.1. In this revision petition, the petitioner asserts that sanction of prosecution under Section 197, Criminal Procedure Code is not necessary.2. The petitioner is the manager and correspondent of an aided elementary school in Lalpet Guntur, He filed a complaint against the respondent, who is D. E. O. alleging that the respondent snatched his bag containing the promissory note executed in his favour by one Seetaramayya and some books containing personal papers end also a sum of Rs. 50/- which was paid by Seetharamayya towards part payment and the respondent took away the bag with all the contents even without passing receipt and when the petitioner attempted to resist the respondent's act of snatching, the respondent pulled him violently causing him to fall and as a result of the fall, the petitioner sustained injuries and thus the respondent committed offences punishable under Sections 379 and 350 Indian Penal Code.3. On receipt of the summons issued by the Magistrate,...
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