Andhra Pradesh Court October 1975 Judgments
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A. Ganga Raju Vs. Municipal Council, Palacole
Court: Andhra Pradesh
Decided on: Oct-24-1975
Reported in: AIR1976AP312
1. The plaintiff, whose suit and appeal have been dismissed by both the Courts, has come up with this Second Appeal. 2. The plaintiff is a choultry at Palakol represented by its Executive Officer. According to the allegations the plaint, there are dining hall, kitchen, central hall and other rooms used for lodging purposes in the choultry. No rent is charged from any lodger for the occupation of the rooms. Only electricity consumption charges are collected from them. Free boarding is arranged for travellers and poor students. The choultry regularly provides free boarding for the poor students. The plaint schedule mentions four rooms. They are abutting the road and are situate in the choultry. They have been leased out by the plaintiff to Gandhi Medical Hall, Venkateswara Ayurveda Nilayam, Mahalaxmi Cut Pieces and Prabhat Sudha Khadder Vastralayam, which have separate assessment numbers respectively as 4879, 4876, 4875 and 4874. The rents realised from the tenants in these shops are exc...
i.J. Raja Sekhar Vs. G. Immanuel and ors.
Court: Andhra Pradesh
Decided on: Oct-24-1975
Reported in: 1976CriLJ1693
Alladi Kuppuswami, J. 1. The Criminal Appeal and the Revision Petitions are preferred against judgments of one or other of the four District Judges who were appointed by the Government of Andhra Pradesh by an order dated 7-12-1975. Writ Petitions were filed in the High Court challenging the appointment of these four Judges. One of the writ petitions W. P. No, 895/74 was dismissed by this Court, but on appeal to the Supreme Court, the Supreme Court by its order dated 2-9-1975 in C. A. No. 2059 1975-2 APLJ (SC) 21 : AIR 1975 SC 1922) held that these judges were not eligible to be appointed as their names had not been recommended by the High Court as required by Article 233(2) of the Constitution. The appointments of these four District Judges were quashed and the four posts manned by them were declared vacant. The appellant and the petitioners in each of these cases raised a contention before Madhusudan Rao J. before whom they were posted that the judgments rendered by the District Julge...
Pudi Lazarus Vs. Rev. Johnson Edward and ors.
Court: Andhra Pradesh
Decided on: Oct-23-1975
Reported in: AIR1974AP243
Kuppuswami, J.1. The plaintiff in O.S. No. 53 of 1968 on the file of the Court of the District Judge, East Godavari a suit for specific performance which was dismissed is the appellant herein.2. Under an agreement dated 5-10-1966 the 1st respondent herein agreed to sell the appellant herein certain premises in which a High School and an Elementary School were being run for a sum of Rs.48,000. On the date of the agreement an advance of Rs.5,000 was paid. The agreement recited that the sale was being effected for the purpose of discharging the debts incurred by the 1st respondent. The purchase was asked to discharge a mortgage debt of Rs. 12,000 owing to one Merapala Rama Rao, and the purchaser should also discharge sundry debts owing to several creditors. After discharging those debts, the balance amount of sale consideration shall be paid to the vendor at the time of the registration of the sale deed. The site together with sheds and the High School known as Bharatiya Evangilical Missi...
G. Bulliswamy Vs. C. Annapurnamma
Court: Andhra Pradesh
Decided on: Oct-21-1975
Reported in: AIR1976AP270
ORDER1. This is a revision petition preferred by the plaintiff against the order of the learned First Addl. District Munsif, Visakhapatnam holding that the deposition recorded in H.R.C. 77/69 on the file of the Principal District Munsif , Visakhapatnam was a deposition recorded by a competent Court in a judicial proceeding and that it can be admitted in evidence under Section 33 of the Indian Evidence Act, thereby overruling the objection raised by the petitioner to its admissibility. The plaintiff challenges the order in this revision.2. The petitioner herein filed the suit O.S. No. 143 of 1970 for specific performance of a contract of sale dated 3-3-1968 executed by the respondent herein in his favour. The respondent lapsed out the very same house the plaintiff on a monthly rental of Rs. 35 and as the plaintiff committed default in payment of rent the respondent filed a case in H.R.C. 77/69 on the file of the Principal District Munsif, Visakhapatnam, sitting as Rent Controller under ...
P.N. Balasubramanian Vs. Income-tax Officer and ors.
Court: Andhra Pradesh
Decided on: Oct-14-1975
Reported in: [1978]112ITR512(AP)
Chennakesav Reddy, J.1. In each of these writ petitions filed under Article 226 of the Constitution for the issue of a writ, the petitioner is one P. N, Balasubramanian, Chairman and Managing Director, Barium Chemicals Limited, Kamavaram, Khammam District. He has filed these four writ petitions seeking to quash the orders of the Income-tax Officer, Khammam, passed under Section 144 of the Income-tax Act, 1961, making the best judgment assessments for the income-tax assessment years 1967-68, 1968-69, 1969-70 and 1970-71.2. The facts giving rise to these writ petitions are not of an all too common kind and unfold a bewildering range and variety of evasive methods adopted by an assessee in the process of assessment proceedings. The petitioner is an assessee on the file of the Income-tax Officer, District VIII(9), New Delhi. He submitted his income-tax returns for the assessment years 1967-68, 1968-69 and 1969-70 to the Income-tax Officer, District V1II(9), New Delhi, under Section 139(1) ...
Adabala Seshayya Vs. Assistant Collector of Central Excise and ors.
Court: Andhra Pradesh
Decided on: Oct-13-1975
Reported in: 1978(4)ELT30(AP)
Jayachandra Reddy, J. 1. This is an application for the issue of a writ of certiorari or any other appropriate writ, order or direction quashing the order of the 1st respondent as per Adjudication Order No. 16/71 dated 6-4-1971 as confirmed by the 2nd respondent in D.R. Dis No. V/4/1/2/115/71 dated 6-10-1971 and modified by the 3rd respondent in his order No. 760/73 dated 29-5-1973.* * * *2. The petitioner is a resident of Baduguvanilanka, in Amalapuram Taluk, East Godavari District and is a licensed dealer in tobacco. He transported a tobacco consignment of A.I.C. Tobacco under a sale note No. 34 dated 3-7-1969 by a tempo and the time of commencement of transport was noted as 9 P.M. on 3-7-1969. The goods had to be transported to one M. Venkatarao of Samalkot which is at a distance of 37 miles from the petitioner's village. It is the case of the petitioner that the tempo by which the consignment was transported, developed delco trouble and the driver had to replace the delco set at Do...
K. Satyanarayana Murthy Vs. Syndicate Bank and anr.
Court: Andhra Pradesh
Decided on: Oct-10-1975
Reported in: (1976)IILLJ222AP
ORDERA.V. Krishna Rao, J.1. The petitioner herein seeks a writ of certiorari quashing the proceedings, dated 16-3-1973 of the 1st respondent-Syndicate Bank with its Head Office at Manipal terminating the services of the petitioner. The petitioner also seeks consequential directions of reinstating the petitioner with all his emoluments and incremental benefits.2. The petitioner is a M.Sc. 1st Class of the Andhra University. He applied for a junior officer's post in response to an advertisement in the Syndicate Bank. He was selected and on 7-12-1971 he was given an order appointing him as an officer-trainee, He had accepted the appointment by letter dated 14-12-1971. Under the letter of appointment, he was to undergo six months' training as an officer-trainee. He underwent the prescribed course of training. After completion of the training course, he was appointed as a probationary junior officer in the Bank by order dated 4-9-1972. He joined service on 14-9-1972. He was posted at Vijaya...
Shatzadi Begum Saheba and ors. Vs. Girdharilal Sanghi and ors.
Court: Andhra Pradesh
Decided on: Oct-09-1975
Reported in: AIR1976AP273
Madhava Reddy, J.1. This appeal by defendants 1 to 11 is directed against the judgment and decree in O.S. No. 53 of 1970 on the file of the Chief Judge, City Civil Court, Hyderabad. The plaintiffs, respondents 1 and 2 herein filed a suit for the recovery of a sum of Rupees 57,751-90 together with interest pendente lite until realization and costs against the estate of late Sri A.K. Babu Khan in the hands of defendants 1 to 11.2. It is the case of the plaintiffs that late Sri A.K. Babu Khan pledged 2650 shares of the Hyderabad Construction Company Limited, Hyderabad through one Kapurachand Shrimal, Share and Stock Broker with Smt. Najeebunisa Begum to whom Sri Babu Khan had to pay Rs. 54,000. Sri A.K. Babu khan requested the plaintiffs 1 and 2 and one Sri Hargovind Bajjaj (who will be hereinafter referred to as the 'plaintiffs') who not being available to join the plaintiffs in filing the suit, has been impleaded as the 12th defendant, to redeem the said shares from Smt. Najeebunnisa Be...
Ravatmal Mohanlal Vs. the Principal Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Oct-01-1975
Reported in: [1976]38STC292(AP)
A. Sambasiva Rao, Ag. C. J.1. Is entry 43 (which is now entry 44) in the First Schedule to the Andhra Pradesh General Sales Tax Act, 1957, providing for a single point sales tax under Section 5(2)(a) on milk foods, powder and baby milk foods, but excluding fresh milk, discriminatory and, therefore, violative of Article 14 of the Constitution? This is the question that is canvassed in this writ petition.2. The petitioner is a dealer in some commodities including milk powder. Sales tax is sought to be imposed on his sales of milk powder by virtue of the then entry 43 in Schedule I at a single point. The petitioner seeks a certiorari quashing this assessment order of the Principal Commercial Tax Officer, Second Circle, Narayanaguda, Hyderabad, for the assessment year 1972-73 to the extent that it imposes sales tax on the sales of milk powder. The argument of Sri Chennakesava Rao for the petitioner is this : The entry excludes fresh milk from taxation. In fact, the Government has issued G....
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