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Andhra Pradesh Court April 1977 Judgments

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Apr 08 1977

M. Gidda Reddy Vs. Special Category Deputy Registrar and Personal Assi ...

Court: Andhra Pradesh

Decided on: Apr-08-1977

Reported in: AIR1977AP274

Alladi Kuppuswami, J. 1. The appellant is the President of the Managing Committee of the Nandikotkur Co-operative Land Mortgage Bank. The Managing Committee was elected in the year 1971 and its term expired in or about April, 1974. In view of certain G.Os. the term of the Managing Committee was being extended from time to time. Ultimately, the term was extended from 1-1-1976 to 31-3-1976. There was no further extension of the period of the Managing Committee and apprehending that person in charge will be appointed to manage the affairs of the Land Mortgage Bank, the petitioner filed W.P. No. 1256 of 1976 (Andh Pra) praying for the issue of a writ of Mandamus directing the Registrar of Co-operative Societies to exercise his powers under S. 31 (2)(b) of the Andhra Pradesh Co-operative Societies Act (referred to in this judgment as the Act) by extending the term of the Managing Committee. In pursuance of the interim directions given by this Court pending disposal of the writ petition, the...


Apr 06 1977

Satyanarayana Khubchand Carva and ors. Vs. Ramchander Laxmi Narayan Ka ...

Court: Andhra Pradesh

Decided on: Apr-06-1977

Reported in: AIR1977AP360

A. Sambasiva Rao, Ag. C.J. 1. The question we will have to answer in this reference made by the Office is; whether an appeal (Civil Miscellaneous Appeal) lies to this Court against an order of the Assistant Registrar of Trade Marks, Madras, dismissing an application under Section 56 of the Trade and Merchandise Marks Act, 1958, hereinafter called 'the Act', filed for rectification of the register of trade marks When the appeal was presented to this Court (it) has no jurisdiction to entertain the appeal and it is only the Madras High Court that has jurisdiction over the matter.2. The material facts are simple and are not in controversy. The proposed appellants filed an application under Section 56 of the Act to rectify the register of trade marks, before the Assistant Registrar of Trade Marks, Madras. It may be noted here that there are only four such Registries in the entire country, one at Madras, second at Bombay, third at Calcutta and fourth at Delhi. The Registry at Madras has juri...


Apr 05 1977

Raja Reddy Vs. Anusuyamma and anr.

Court: Andhra Pradesh

Decided on: Apr-05-1977

Reported in: AIR1977AP342

Alladi Kuppuswami, J. 1. This appeal is directed against the judgment of Muktadar, j. dismissing the Appeal No. 282 of 1976 filed against the order of the Ist Additional Judge, City Civil Court, Hyderabad allowing E. P. 4/75 in O. S. 507/70 on the file of that Court. 2. The respondents herein, who are the wife and daughter of the appellants, filed that suit for recovery of maintenance and for other reliefs against the appellants and obtained a decree. The Court below awarded maintenance to the first respondent at Rs. 100/- per month and to the 2nd respondent at Rs. 75/- per month until she is married. The appellants also was directed to pay Rs. 5,000/- to the first respondent for the marriage expenses of the 2nd respondent. Items 1 to 3 of the plaint second schedule were to stand charged for the payment of the decree amount.3. Alleging that the appellants was in possession and ownership of about 18 1/2 acres of land from which he was deriving a substantial income of nearly Rs. 3,500/-;...


Apr 05 1977

Md. Ismail Khan Vs. Md. Mahboob Ali

Court: Andhra Pradesh

Decided on: Apr-05-1977

Reported in: AIR1977AP363

1. This Second Appeal is directed against the judgment and decree of the learned Additional Chief Judge, City Civil Court, Hyderabad in A. S. No. 20 of 75 on the file of his Court, confirming the judgment and decree of the learned IV Assistant Judge, City Civil Court, Hyderabad in O. S. 1105 of 73 on the file of his Court. The appellants is the defendant against whom a decree was passed for eviction from the suit land and for mesne profits.2. The dispute between the parties relates to a piece of land measuring about 151 sq. yards and situate within the municipal limits of Hyderabad. The land is appurtenant to the house bearing No. 17-5-114. The land belongs to the plaintiff who inducted the defendant into the possession of the same on 1-9-1965 as a tenant on a monthly rent of Rs. 10. The plaintiff gave a notice dated 2-3-73 to the defendant determining the tenancy by 31-3-73 and later instituted the suit for eviction and mesne profits. The defendant pleaded that the lease was permanent...


Apr 05 1977

Commissioner of Income-tax Vs. N.J. Dadabai

Court: Andhra Pradesh

Decided on: Apr-05-1977

Reported in: [1978]115ITR317(AP)

Amareswari, J.1. This income-tax case is filed under Section 256(2) of the Income-tax Act, 1961, to direct the Income-tax Appellate Tribunal to state a case and refer to the opinion of the High Court two questions of law :(1) Whether, on the facts and in the circumstances of the case and in the absence of any evidence to show that the obsolescence allowance was actually written off in the books of the assessee as required under the proviso to Section 32(1)(iii) of the Act, the assessee was entitled to the obsolescence allowance in respect of the old kiln for the assessment year 1970-71 and(2) Whether, on the facts and circumstances of the case, the Appellate Tribunal is justified in holding that the reference application is not maintainable ?2. It may be straightaway mentioned here that it is only the first of these two questions that was the subject-matter of reference before the Tribunal under Section 256(1) of the Income-tax Act, the refusal of which has given rise to the above peti...


Apr 01 1977

B. Narayana Murty Vs. the Director of Sugar, Andhra Pradesh, Hyderabad ...

Court: Andhra Pradesh

Decided on: Apr-01-1977

Reported in: AIR1977AP307

ORDER1. This writ petition is filed by the President of the Amadalavalasa Co-operative Agricultural and Industrial Society Limited, Amadalavalasa, questioning the proceedings of the Director of Sugar dated 31-3-75.2. On 10-3-1972 the Director of Sugar ordered a statutory enquiry into the constitution, working and financial conditions of the Amadalavalasa Co-operative Agricultural and Industrial Society Limited under S. 51 of the Andhra Pradesh Co-operative Societies Act. The District Cooperative Officer, Shri I. Subbanarasaiah was appointed as enquiry officer to conduct the enquiry. He was directed to complete the enquiry within a period of 90 days from the date of the notice to the society. He proceeded on leave from 9-4-1972. One L. Satyanarayana , his successor was authorised to conduct the enquiry. The enquiry was not completed. On 2-1-1974, the District Revenue Officer, Srikakulam, was appointed as Enquiry Officer. He could not also complete the enquiry. Ultimately one Shri K.S. S...


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