Andhra Pradesh Court February 1978 Judgments
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Suvarna Vs. G.M. Achary
Court: Andhra Pradesh
Decided on: Feb-22-1978
Reported in: AIR1979AP169
Sambasiva Rao, J.1. The unsuccessful petitioner in O. P. No,149/73 on the die of the Second Additional Judge, City Civil Court, Hyderabad, has filed this appeal, She failed in her attempt to secure a declaration that her marriage with the respondent was a nullity on the ground covered by S. 12(1) of the Hindu Marriage Act.2. We may mention that this appeal has been heard once by our leaned brothers Sheth and Jeevan Reddy, JJ, and was allowed, But this Judgment was set aside and the appeal was restored on the application of the respondent's Counsel on the ground that he had not noticed the posting of the appeal in the cause list and that was why he was absent when it was heard and disposed of. We would like to point out that we have heard the appeal afresh and are deciding the case without any reference to the judgment rendered by our learned brothers,3. We will refer to the parties as they are arrayed in the original petition The date of the marriage between the parties is not in dispu...
T. Leelavathamma Vs. the Regional Transport Officer, Nellore
Court: Andhra Pradesh
Decided on: Feb-22-1978
Reported in: AIR1978AP382
Chinnappa Reddy, J.1. These writ Appeals and Writ Petitions raise a common question and may, therefore, be disposed of by a common judgement. It is enough if the facts in writ Appeal No. 118/76 are stated. The respondent, L. Kondaiah Naidu is a transport operator plying a stage carriage on the route Kovur Taluk Office to D. S. R. G. Hospital via., Government Polytechnic, Pennar Bridge, the Motor Vehicles Inspector inspected the Vehicles. Though Pennar Bridge itself Vehicles Inspector on the basis of statements said to have been made to him, thought that the vehicle was plying on an unauthorised route, Kovur-Nellore, via., Padugupadu instead of Govt. Polytechnic. He submitted a check-report on the basis of which a notice was issued to the respondent by the Regional Transport Authority, Nellore calling upon him to show cause why action should not be taken against him, under S. 60 of the motor Vehicles Act. He submitted his explanation after considering which the Regional Transport Author...
Commissioner of Income-tax Vs. Nizam Sugar Factory Ltd. (No. 2)
Court: Andhra Pradesh
Decided on: Feb-22-1978
Reported in: [1979]116ITR706(AP)
S. Obul Reddy, C.J.1. The following four questions have been referred to this court for its opinion under Section 256(1) of the I.T. Act, 1961, at the instance of the revenue:'1. Whether, on the facts and in the circumstances of the case and on a correct interpretation of Rule 7(1) of I.T. Rules, 1962, the Tribunal was correct in holding that the assessee was entitled to deduction of the transportation charges incurred in the transporting of its own sugarcane from farm to factory ? 2. Whether, on the facts and in the circumstances of the case, the expenditure of Rs. 1,27,687 incurred in installing the data processing machine is allowable as a revenue expenditure for the assessment year 1969-70? 3. Whether, on the facts and in the circumstances of the case, theexpenditure of Rs. 2,46,000 incurred by the assessee for reconditioning of generator is allowable as a revenue expenditure for the assessment year 1969-70 ? 4. Whether, on the facts and in the circumstances of the case, the bonus ...
T. Narasiah Vs. State Bank of India and ors.
Court: Andhra Pradesh
Decided on: Feb-21-1978
Reported in: (1978)IILLJ173AP
Jeevan Reddy, J.1. The Imperial Bank of India constituted under the Imperial Bank of India Act, 1920, was taken over and succeeded by the State Bank of India, established under the State Bank of India Act, 1955. The conditions of service under the Bank are governed by the various rules and regulations made both prior to 1955 and continued thereafter, as well as those made after 1955. According to Rule 20 of the State Bank of India (Supervising Staff) Service Rules, ' an employee shall retire from the service of the Bank on attaining the age of 58 years or upon the completion of thirty years' pensionable service, whichever occurs first'. The first proviso to the said Rule reserves a power in the Bank to extend the period of service of an employee beyond 58 years of age, while the second proviso entitles the employee to retire voluntarily from the Bank's service on completion of 25 years' pensionable service. So far as pension is concerned, it is governed by the Imperial Bank of India Em...
P.T.S. Saibaba and anr. Vs. P. Mangatayaru and anr.
Court: Andhra Pradesh
Decided on: Feb-17-1978
Reported in: 1978CriLJ1362
ORDERGangadhara Rao, J.1. The petitioners are the accused in C. C. No. 54/77 on the file of the Judicial 1st Class Magistrate's Court Narasipatnam. They have filed this petition to quash the proceedings. The 2nd accused is the father of the first accused. The complainant was married to the first accused at Annavaram on 25th June, 1975. According to her, a dowry of Rs. 8,500/- was agreed to be paid to the first accused as consideration for marrying her. That amount was paid in two instalments of Rs. 2,000/- and Rs. 6,500/- to the 2nd accused at Yeleswaram. It is stated that the 2nd accused had received the amount for and on behalf of the first accused as per the agreement between the parties. The complainant submits that the dowry amount is liable to be returned to her under Section 6(1) of the Dowry Prohibition Act, 1961, (hereinafter referred to as 'the Act') on or before 25-6-1976. On the ground that the accused have failed to pay that amount at the latest by 25-6-1976 at Narasimpatn...
The Secretary, Anakapalli Agricultural Market Committee Vs. Thammana R ...
Court: Andhra Pradesh
Decided on: Feb-17-1978
Reported in: 1978CriLJ1479
ORDERGangadhara Rao, J.1. These revisions are filed by the Anakapalle Agricultural Market Committee, Anakapalli, against the acquittal of the accused by the Ist Addl. Sessions Judge, Visakhapatnam. The accused are licensees under the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966. The Market Committee issued a notice to the accused calling upon them for production of accounts and records for assessment of the market fee under bye-law 44 (5). The accused did not produce them in spite of repeated demands. Therefore, a complaint was filed against the accused for violating bye-law 44 (5) of the Bye-laws of the Agricultural Market Committee, Anakapalle. The learned First Additional Sessions Judge, Visakhapatnam acquitted the accused on the ground that Bye-laws framed by the Agricultural Market Committee have not come into force for they were not published in Telugu in Andhra Pradesh Gazette.2. In these revisions it is submitted by Sri Reddipanthulu, the learned Counse...
M. Sunder Reddy and ors. Vs. the State
Court: Andhra Pradesh
Decided on: Feb-17-1978
Reported in: 1979CriLJ65
ORDERGangadhara Rao, J.1. In all these petitions a common question is raised and it is disposed of by a common order. The petitioners are charged for an offence under Section 15 of the Rice-Milling Industry (Regulation) Act 1958 (hereinafter referred to as 'the Act'). The complaint was filed by the Deputy Tahsildar, Kollapur, in the Court of the Judicial Magistrate of First Class, Kollapur. The petitioners have taken a preliminary objection that the Deputy Tahsildar, Kollapur is not competent to file the complaint, for he was not authorisedly the Licensing Officer to file it and, therefore, the Court cannot take cognizance of the case. That objection was overruled by the learned Magistrate. Thereupon, they have filed these petitions in this Court to quash the proceedings.2. It is submitted by the learned Counsel for the petitioners that the complaint filed by the Deputy Tahsildar under Section 15 of the Act is not valid, for he was not authorised to file it by the Licensing Officer. Th...
Produce Commercial Syndicate Vs. the State of A.P.
Court: Andhra Pradesh
Decided on: Feb-16-1978
Reported in: [1978]42STC215(AP)
S. Obul Reddi, C.J.1. These two revision cases, one against the assessment proceedings and the other against the penalty proceedings, arise out of two separate orders of the Sales Tax Appellate Tribunal, in T.A. Nos. 378/76 and 379/76.2. Mr. Dasaratharama Reddi, the learned counsel appearing for the petitioner, a firm called M/s. Produce Commercial Syndicate, Vizianagaram, contended that the enhancement of turnover made by the Assistant Commissioner of Commercial Taxes in exercise of his powers under Section 19(3)(a) of the A.P.G.S.T. Act is illegal as it was made beyond the period of limitation prescribed in Section 14(4-A) of the same Act.3. The facts necessary for determination of the question are these : The petitioner submitted its return for the assessment year 1969-70 on 7th July, 1970, showing a turnover of Rs. 30,500. The Deputy Commercial Tax Officer by his order dated 31st March, 1971, assessed the petitioner on a turnover of Rs. 1,44,173.50. That assessment order was carrie...
Yelavarti Anasuyamma Vs. Chennupati Raghavamma
Court: Andhra Pradesh
Decided on: Feb-14-1978
Reported in: AIR1978AP406
ORDER1. The revision petitioner (the fifth defendant) and her son (sixth defendant) were impleaded as legal representatives of the second defendant in the suit. They were served by 'substituted service ' and the suit was decreed on 18-3-1966 ex parte against them. The fifth defendant moved the first Court and the appellate court unsuccessfully to set aside the ex parte decree.2. The enquiry under R. 13 of O. 9 of the C. P. C. touches the following two questions; (1) whether the summons was duly served and (2) whether the defendant was prevented by sufficient cause at the 'hearing'. The language in R. 13 of O.9 of the C. P. C. gave rise to a serious conflict and divergence of judicial opinion ever since 1926. This Court, however, in a way reconciled the divergence in Full Bench judgement in Shamuki v. Venkatarami Reddy, 1956 Andh LT 194 : (AIR 1957 Andh Pra 1). The view of Reilly,J. in Gyanammal v. Abdul Hussain, ILR 55 Mad 223 ; (AIR 1931 Mad 813) as to 'the cardinal principle of our a...
C. Bollayya and anr. Vs. the State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Feb-13-1978
Reported in: AIR1978AP297
Madhava Rao, J.1. This S. R. is posted for orders on the Office Note. The petition is filed for the issued of a writ of Habeas Corpus for production and release of the two accused in P. R. C. No. 14/77 on the file of the Court of Judicial Magistrate of Second Class, Narasaraopet. The petition is supported by an affidavit given by the uncle of the petitioners (accused). The petition is filed without paying Court-fee of Rs. 2/- and without Rs. 5/- on vakalat. Therefore, the office raised the objection.'Though the petitioners are in jail, the writ petition is filed by the Advocate. Hence, it should be stated as to how the petition is maintainable without the court-fee of Rs. 2/-.' The advocate while representing the S. R. gave the following endorsement: 'Prior to 1-4-1974, the Code of Criminal Procedure provided for Habeas Corpus under S. 491. The same is now deleted. It is immaterial whether a prisoner seeks the remedy of Habeas Corpus through jail or through Advocate. Hence, where a par...
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