Andhra Pradesh Court March 1978 Judgments
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Sikhari Lakshmaiah and ors. Vs. Sikhari Peddamallaiah (Died) and ors.
Court: Andhra Pradesh
Decided on: Mar-09-1978
Reported in: AIR1979AP275
1. The plaintiffs are the appellants. They filed the suit for partition of the plaint schedule proper ties comprised in S. Nos. 864, 865, 866. 867/1, 867/5, 868 and 869 and to allot their share in Ac. 19-29 Guntas in the Schedule properties and put them in possession thereof.2. The averments in the plaint are as follows:-- The plaintiffs are the sons of the 8th defendant. The 5th defendant is the wife of the 1st defendant. Defendants 1 and 8 are brothers The and defendant is the wife of late Pochaiah the deceased son of the 1st defendant Defendants 3 and 4 are daughters of the 2nd defendant. Defendants 1 and 8 and their father constituted joint family enjoying the plaint schedule properties as well as the other properties which are the ancestral properties. After the death of their father, defendants 1 and 8 continued to enjoy these properties till they got divided some immovable properties between them leaving the plaint-schedule properties undivided for future partition. As per the p...
V. Narayana Vs. S. Babu Rao and ors.
Court: Andhra Pradesh
Decided on: Mar-08-1978
Reported in: AIR1978AP437
Madhava Reddy, J.1. This writ appeal is directed against the order in writ petition No. 5176/77 by which the order of the District Collector (Excise), Hyderabad directing the shifting of the arrack shop of the 5th respondent from Hammal Basthi to Warasinguda locality, was a quashed and the 5th respondent was directed to shift the same to any place in Hammal Basthi locality within 15 days of the date of receipt of the order. The 5th respondent in the writ petition is the appellant before us. 2. The appellant was granted a licence under the Andhra Pradesh Excise (Arrack and Toddy Licences General Conditions) Rules 1969 for the excise year 1977-78 in respect of Hammal Basthi and Warasiguda group of arrack-shops. He opened the shop at a place very near the Secunderabad Railway over- bridge in Hammal Basthi on 1-10-1977. The railway workers and the authorities living in the vicinity objected to the location of the shop at that place. The Excise Authorities, therefore, seized the licence. Th...
Chapalamedugu Bollayya and anr. Vs. the State of A.P. and anr.
Court: Andhra Pradesh
Decided on: Mar-08-1978
Reported in: 1978CriLJ1347
ORDER1. The petitioners herein are accused Nos. 1 and 4 in P.R.C. 14/77 on the file of the Court of the Judicial Magistrate of Second Class Narsaraopet, who is the second respondent in this writ petition. The petitioners and three others were arrested and produced before the second respondent on 3-12-1977. In the remand report it was stated that one Chandra Satyanarayana was attacked by these five accused on 17-11-1977 at about 9 a. m. A-4 beat him with an axe on his head A-l speared him on his left stomach and all the accused beat the deceased indiscriminately. Satyanarayana died instantaneously. They also beat Chandra Narayya who was with Satyanarayana and he received injuries. The second respondent remanded all the accused to judicial custody under Section 167, Cr. P.C. till 15-12-1977. On a memo filed by the police, the remand was extended till 28-12-1977. Meanwhile a charge sheet (report under Section 190(1)(b), Cr. P.C.) was filed on 17-12-1977 charging A-4 of an offence under Se...
Garikipati Ramayya Vs. Araza Biksham and anr.
Court: Andhra Pradesh
Decided on: Mar-08-1978
Reported in: AIR1979AP31
1. The defendant in O. S No 61 of 1971 Sub-Court. Masulipatam is the appellant. 2. The respondents filed the suit against the appellant for recovery of a sum of RS. 10,000/- as general and special damages for malicious arrest, wrongful confinement and false imprisonment on the following allegations. 3. The plaintiffs are ryots of Penumalli village. The defendant's son Purushottam is the Sarpanch of the village and the plaintiffs belonged to the opposition party of the Gram Panchayat. The defendant owns a rice mill named Sri Venkateswara Rice Mill which is Installed in a thatched shed. The said mill caught fire and was burnt on the 10th July 1970 at about 1-00 p.m. On 11-7-1970 the defendant brought the Sub inspector and two constables and got the plaintiffs and two others arrested and taken hand-cuffed to Pedana Police Station and confined in the station lock up The defendant gave a report written by his son alleging that he saw the plaintiff in his mill promises instigating and aiding...
Mcdowell and Co. Limited Vs. the Secretary to Government, Revenue (Com ...
Court: Andhra Pradesh
Decided on: Mar-07-1978
Reported in: [1978]42STC276(AP)
Sambasiva Rao, J.1. The Government of Andhra Pradesh promulgated an Ordinance, Ordinance No. 2 of 1978, amending certain provisions of the Andhra Pradesh General Sales Tax Act, 1957. The present writ petition is filed challenging the said Ordinance to the extent that it amends item 26 of the First Schedule of the A. P. G. S. T. Act. It is stated that in so far as item 26 is concerned the amendment is unconstitutional as it operates in a denial of equality before law.2. Before the amendment, item 26 stood as hereunder :______________________________________________________________Description of Point of levy Rate of taxthe goods______________________________________________________________(1) (2) (3)______________________________________________________________26. All liquors other At the point 25 paise in thethan country liquor. of first sale rupee.in the State._____________________________________________________________By virtue of Clause 6(1) of the Ordinance, the said item26 is ame...
Sree Lakshmi Narayana Jewellers and ors. Vs. Commercial Tax Officer an ...
Court: Andhra Pradesh
Decided on: Mar-07-1978
Reported in: [1979]43STC115(AP)
Obul Reddi, C.J.1. The petitioners, a jewellers' firm known as 'Sree Lakshmi Narayana Jewellers', Proddatur, and others, filed this petition under Article 226 of the Constitution of India to issue a writ in the nature of mandamus directing the respondents to forbear from applying Section 6-A of the Andhra Pradesh General Sales Tax Act, for brevity 'the Act', in respect of the purchase of gold and silver ornaments consumed in the manufacture of standard gold and silver bars sold by the petitioners.2. Mr. Dasaratharama Reddi, the learned counsel appearing for the petitioners, raised two contentions : (1) that Clause (ii) of Section 6-A cannot be applied to the petitioners as the purchases of gold and silver jewellery were made by them from non-dealers, and (2) that the turnover under Section 6-A cannot be taxed under Section 5-A of the Act. To determine the two questions raised by the learned counsel, we may state the relevant facts.3. The petitioners are dealers in gold, silver and jewe...
Qayyum Khan Vs. Noorunnisa Begum and anr.
Court: Andhra Pradesh
Decided on: Mar-06-1978
Reported in: 1978CriLJ1476
ORDERGangadhara Rao, J.1. The petitioner is the husband of the respondent. They are Muslims. The respondent filed a petition under Section 125 of the Criminal P. C. and she was awarded maintenance at the rate of Rs. 50/- per mensum from 3-3-1976. She filed a petition for execution, claiming arrears of maintenance of Rupees 871-40 P. from 3-3-1976 till the end of July, 1977. The petitioner deposited Rs. 1,100/- in the court towards her 'Mahr' or dower amount. She wanted that the arrears might be paid out of that amount and to direct the Indian Airlines, Begum-pet, to deduct from the salary of the petitioner Rs. 50/- every month towards her maintenance and pay it to her.2. In his counter, the petitioner alleged that the respondent was living in adultery even prior to the passing of the maintenance order and therefore she was not entitled for maintenance. He also alleged that the amount of Rs. l,100/- deposited by him in the court was for the specific purpose of payment of 'Mahr' amount a...
Paleti Sivaramakrishnaiah Vs. Executive Engineer,
Court: Andhra Pradesh
Decided on: Mar-03-1978
Reported in: AIR1978AP389
1. The plaintiff in O. S.No. 1208 of 1971 on the file of the Court of First Additional District Munsif, Guntur and the first respondent in A. S. No. 80 of 1974 on the file of the Court of First Additional District Judge, Guntur is the appellant in this second appeal.2. The suit filed by the plaintiff is one for injunction restraining the defendants of their associates from getting the bode Channel dug in the line shown as QS in the plaint plan or in any other direction except in the direction shown as AB in the Plaint plan as sanctioned by the Government, The plaintiff is the owner of a land in Demarcation No. 195 to the North of the land on his brother one, Paleti Veeraiah. It is his t case that the line of the field covered by Demarcation No. 195 is from the South to North. There is a canal called '53 P.B. Subminor Canal'. According to the plaintiff two bode canal :According to the plaintiff two bode canals AC & AB shown in the plaint plan have their source from plaint plan have thei...
A.K. Joshi Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Mar-03-1978
Reported in: 1979CriLJ63
ORDERGangadhara Rao, J.1. This petition is filed by the accused to quash the order of the 4th Metropolitan Magistrate, Hyderabad in PRC. 17/77 (C. C. No. 519/76).2. The Inspector of Police, Crime Branch, C.I.D. Hyderabad, filed a charge-sheet against the accused alleging that the accused being a clerk in the Bank of India Branch at Hyderabad, had forged the signature of one S.S. Zafar, holder of Accounts Nos. 2122 and 4060 and opened two false accounts Nos. 3037 and 3951 in the name of one Sallahuddin Zafar at State Bank of Hyderabad, Sultan Bazar and Union Bank of India posing himself to be S.S. Zafar and cheated the Bank of India to the tune of Rs. 11,837.84 p., and thereby committed an offence under Sections 419, 420 and 467 of the I, P. C. The case was taken on file by the 4th Metropolitan Magistrate, Hyderabad as C. C. No. 519/76. On behalf of the prosecution P. W. 1 was examined and P. W. 2 was cross-examined in part. During the trial it came to light that the accused was involve...
Addl. Commissioner of Income-tax Vs. K. Ramabrahmam and Sons (P.) Ltd.
Court: Andhra Pradesh
Decided on: Mar-02-1978
Reported in: [1978]115ITR369(AP)
Amareswari, J.1. In this case the only question that has been referred to us for our opinion is :'Whether, on the facts and in the circumstances of the case, Section 195(1) of the I.T. Act, 1961, is attracted ?'2. For answering the question, a few facts may be stated. The assessee is a private limited company carrying on business of stevedoring at Visakhapatnam. It appears that the assessee-company is in the habit of paying certain amounts to the masters and chief officers of various ships. Different payments have been made during the assessment years 1964-65, 1965-66 and 1966-67. The ITO applied Section 195(1) of the Act and directed the asses-see to pay the tax on the aforesaid payments. The assessee paid the tax under protest and filed appeals before the AAC contesting the liability. The appeals filed by the assessee were dismissed by the appellate authority. Thereafter, the assessee carried the matter in further appeal to the Tribunal. The main contention raised was that the provis...
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