Andhra Pradesh Court April 1975 Judgments
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Raju Industries and anr. Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Apr-11-1975
Reported in: [1975]36STC297(AP)
ORDER1. In these three revision petitions, a common question arises and hence they can be disposed of by a common order.2. The petitioner herein are dealers in graphite and crucibles in East Godavari District. Their agents booked orders from purchasers outside the State and in pursuance of the said orders goods were despatched under self railway receipts and the said railway receipts were sent to the bankers for delivery of the said documents against payment by the purchasers and issue of C forms in the other State. The petitioners claim that the sales in respect of the transactions were sales outside the State and therefore they could not be subject to tax under the Central Sales Tax Act. This contention was negatived by the Commercial Tax Officer and the Assistant Commissioner, as well as the Tribunal. Hence the revision petitions.3. In these revision petitions, it is contended by Sri N. Ramamohana Rao, the learned counsel for the petitioners, that the transactions cannot be said to ...
Syed JamaluddIn Vs. Valian Be and anr.
Court: Andhra Pradesh
Decided on: Apr-11-1975
Reported in: 1975CriLJ1884
Kondaiah, J.1. This Criminal Revision case gives rise to a short Question of law. viz., whether the statement or averment made by a Muslim husband in a counter before a Magistrate in an application by the wife for maintenance under Section 488 of the Criminal Procedure Code, to the effect that he had already divorced his wife, would amount to a valid divorce at least with effect from the date when the statement or averment was made.2. In order to appreciate the scope of the question, it is necessary to briefly state the material facts which gave rise to the question : The 1st respondent herein had married the petitioner about 20 years back. They have a son and a daughter. The petitioner herein ill-treated and tortured the 1st. respondent-wife after marrying a third wife. Therefore, she accompanied by her children left her hushand's house on 18-9-1971 and resided with one Ghulam Hussain who is no other than her son through her first husband. Registered notice claiming maintenance for he...
Khaja Begum Vs. Gulam MohiuddIn and ors. Overruled
Court: Andhra Pradesh
Decided on: Apr-09-1975
Reported in: AIR1976AP65
Gangadhara Rao, J.1. This Civil Revision Petition has come up before us on a reference made by our learned brother Justice Obul Reddi (as he then was) on the ground that the question of law involved in this case is of importance which should be decided by a Bench.2. The plaintiff is the petitioner, he filed a Small Causes Suit No. 1109 of 1970 in the Court of the Additional Chief Judge, City Small Causes Court, Hyderabad against one Ghulam Mohiuddin the 1st defendant alleging as follows: The defendant borrowed from him Rs. 750 on 30-12-1965 and executed a promissory note and also a receipt in his favour. Subsequently the defendant paid Rs. 25 on 15-11-1965 and made an endorsement of payment on the back of the promissory note. He was still due in a sum of Rs. 725 which he did not pay in spite of repeated demands. Hence the suit was filed for recovery of Rs. 725 on 16-11-1970.Subsequently when he came to know that the sole defendant died on 12-11-1970 i.e., four days before the suit, he ...
Ghatmal Champala Vs. Amaravathi Dyeing Private Ltd.
Court: Andhra Pradesh
Decided on: Apr-08-1975
Reported in: AIR1976AP70
ORDER1. this is a revision filed by the plaintiff against the order passed in I.A. No. 94 of 1974 in O.S. No. 237 of 1971 by the Subordinate Judge, Rajamundry, whereby he wanted to take up a preliminary issue. The learned counsel for the petitioner contended that the lower Court could not have heard the preliminary issue first as it requires some evidence to be recorded. To understand the above argument, it is necessary to state the brief facts of the case. 2. The plaintiff is a registered firm and deals in fancy goods at Rajamundry. The defendant is the manufacturer of sewing threads etc. The plaintiff was appointed as a Distributor for the East and West Godavari Districts excluding Tuni for the supply of the defendant's sewing threads under a letter dated 20th January, 1965, for which there was an oral agreement at Rajamundry dated 15-1-1965. The plaintiff is entitled to a commission of 5% on all the orders received executed and completed. The said agreement was for three years but s...
Commissioner of Income-tax Vs. Hindustan Shipyard Ltd.
Court: Andhra Pradesh
Decided on: Apr-08-1975
Reported in: [1977]109ITR158(AP)
Chinnappa Reddy, J.1. Hindustan Shipyard Ltd., Visakhapatnam, a Government of India undertaking, registered under the Indian Companies Act, entered into an agreement with Zaklady Prz Emyslu Metalowego H-Cegielski, Poznam, Poland, a Polish company, for the purchase of six main diesel engines with accessories. The price of each engine with the accessories was Rs. 30,72,346 f.o.b. Polish or other European ports in non-convertible Indian rupees. The day of payment, it was stipulated, was to be deemed to be the day of crediting the amount to the account of Bank Handlowy, Warszawa, with the Bank of India, Bombay. 90 per cent. of the value of the machinery shipped was agreed to be paid through the State Bank of India, Visakhapatnam, on collection basis, against the original set of documents to be submitted directly to the State Bank of India, Visakhapatnam, within fifteen days from the date of presentation from the State Bank of India, Visakhapatnam, to the purchasers. The remaining 10 per ce...
income-tax Officer, A-ward Vs. Official Liquidator
Court: Andhra Pradesh
Decided on: Apr-04-1975
Reported in: [1975]45CompCas442(AP); [1975]100ITR44(AP)
ORDERSambasiva Rao, Actg. C.J. 1. This application raises an interesting question under the Income-tax Act vis-a-vis the Companies Act.2. The Income-tax Officer, A-Ward, Nellore Circle, Nellore, has filed this application to direct the official liquidator to file the income-tax return of Messrs. Civil Supplies Corporation (in voluntary liquidation), Pamur, for the assessment year 1966-67. From the averments of the application, it is seen that the company was brought under voluntary liquidation and on completing the work, the voluntary liquidator submitted a report, but unfortunately, he died in January, 1974. As required by Section 497(6) of the Companies Act, the official liquidator has to make a scrutiny of the books and papers of the company in the light of the report that had been submitted by the voluntary liquidator, and if on such scrutiny the official liquidator makes a report to the court that the affairs of the company had not been conducted in a manner prejudicial to the int...
The Black Sea Steamship U.L. Lastochkina Odessa, Union of Soviet Socia ...
Court: Andhra Pradesh
Decided on: Apr-03-1975
Reported in: AIR1976AP103
A. Sambasiva Rao, Acting C.J.,1. This Civil Revision Petition raised an interesting and at the same time significant question relating to international trade and commerce. During the course of international trade agreements are interned into. It is not unusual for disputes arising in the course of such trade and commerce. Where should these disputes be adjudicated upon? If there is an agreement between the contracting parties that such disputes should be decided in a court in a particular country though the cause of action has arisen in two countries, are the courts bound to enforce that agreement despite every other consideration? That is the problem to be resolved here. In view of its importance our learned brother Ramachandra Rao, J., has directed that the petition be posted before a Division Bench. 2. The connected facts are simple. The Union of India instituted O.S. 161/68 in the Subordinate Judge's Court, Visakhapatnam, to recover a sum of Rs. 7,000 and odd as compensation for lo...
M. Ramesh and Co. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Apr-03-1975
Reported in: [1975]36STC439(AP)
A. Sambasiva Rao, Ag. C.J.1. In this tax revision case, Sri Dasaratharama Reddi has raised a very ingenious contention that a Bench of the Sales Tax Appellate Tribunal consisting of two members, including the Chairman, cannot hear and dispose of an appeal before it, as it is contrary to Section 3 of the Andhra Pradesh General Sales Tax Act. Since a Bench consisting of the Chairman and one of the members alone heard the appeal, the Bench was wrongly constituted and the decision by it is void and a nullity.2. This contention was not raised before the Tribunal. That apart, we find no merits at all in this contention. If we go through the scheme of Section 3, which deals with 'Appellate Tribunal', it is manifest that whenever the Chairman is available and present, he should constitute the Benches. That is why Sub-section (3)(a) prescribes the manner of functioning of the Appellate Tribunal in the following manner. All the members of the Appellate Tribunal can dispose of an appeal. That mea...
Ramapal Mandada Vs. Life Insurance Corporation and anr.
Court: Andhra Pradesh
Decided on: Apr-03-1975
Reported in: (1976)IILLJ341AP
Venkatrama Sastry, J.1. Plaintiff is the appellant in this appeal which arises out of the suit 0.S. No. 10 of 1966 on the file of 2nd Additional Chief Judge, City Civil Court, Hyderabad, filed for recovery of compensation for wrongful dismissal and other reliefs.2. The case of plaintiff is as follows: He was originally working as an Agent of the Oriental Government Security Life Assurance Company since 1948. He procured very good business to the said - company till 1959 to the tune of more than twenty lakhs. In the year 1956 the Life Insurance Business was nationalised and the Life Insurance Corporation Act was passed. The plaintiff was absorbed as an agent of the Life Insurance Corporation (hereinafter referred to as the L.I.C.) in the branch office at Warangal and he worked as such agent till 30th June, 1959 from 1956. On 1-7-1959 he was appointed as field officer of the L.I.C. of Taluk Siricilla, District Karimnagar, and in such capacity he transacted good business. In 1960 he had a...
Dimili Narayana and ors. Vs. Dilli Satyanarayana and ors.
Court: Andhra Pradesh
Decided on: Apr-02-1975
Reported in: AIR1976AP74
ORDER1. The petitioner is the plaintiff in S.C. No. 33 of 1969 on the file of the Additional Distract Munsif's Court, Chodavaram. The suit was filed for recovery of rent of Rs. 400 due to the petitioner as per the lease deed dated 8-4-1968. The respondents contended that the lease deed in question is not admissible in evidence as it is not registered as required under Section 17, Cl.,(d) of the Indian Registration Act. The trial Court after going through the lease deed in question came to the conclusion that the document in question is a lease of immovable property reserving a yearly rent. As such it falls within the scope of Sec. 17(1)(d) of the Indian Registration Act and therefore, inadmissible in evidence.2. In this revision Mr. C. Poornaiah, the learned counsel for the petitioner, contends that the trial court erred in coming to the conclusion that the document in question is a lease of immovable property reserving yearly rent and therefore falls within the scope of Sec. 17(d). He...
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