Court : Andhra Pradesh
Reported in : AIR1979AP85
Sambasiva Rao, C.J. 1. Quite a large number of creditors in the rural areas in the State of Andhra Pradesh are challenging in these writ petitions the validity of the Andhra Pradesh Agricultural Indebtedness (Relief) Act. 1977 (Act No. 7 of 1977) hereinafter referred to as 'the Act'. After the Legislature of Andhra Pradesh Passed it, the Governor of the State reserved it for the assent of the President of India on the 15th of April. 1977 and it was given by the President on the 29th of April, 1977. The Act was intended 'to provide relief from indebtedness to agricultural labourers, rural l artisans and small farmers in the State of Andhra Pradesh and for matters connected therewith.'2. The indictment of the Act is by way of challenging the validity of Sections 3 (i) 3( t), 4 (1), 4 (2) (b), 5 (1), 5 (4), 6 (4) and 13. Sri Babulu Reddy who mounted the main attack on behalf of the petitioners, maintained that these provisions offend Art. 14 and cls. (f) and (g) of Art. 19(1). He further ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1979AP156
ORDER1. This revision petition by the plaintiff-petitioner is directed against the order of the District Munsif Tandur whereby under Issue No. 8 he held that the agreement dated 21-12-1960 is valid and admissible in evidence in spite of non- registration and though not duly stamped.2. The plaintiff laid a suit alleging that the suit Shops bearing Nos., 3-5-50 to 52 situate in Nayapet. Gandhi Chowk Tondur, were mortgaged by his father for the repayment of the loan of O. S. Rs. 8,000/- under a document dated 9th Bahman 1358 Fasli. The income from Property is said to be Rs. 2000/- a year and therefore the mortgagee has realised nearly Rs. 50.000/- and as such the defendant-mortgagee is liable to render an account and in that manner the mortgage debt stood discharged. He thus laid the suit for redemption of mortgage and for vacant possession of the properties and for mesne profits.3. The defendant-mortgagee resisted the suit inter alia on the ground that the mortgage amount was not paid as...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1979AP92
Madhava Reddy, J.1. These writ petitions are for the issue of a writ of certiorari or any other appropriate writ, direction or order to quash the G.O.Ms. No. 715 Home (Tr. II Department dated 2-5-1975 published in the Andhra Pradesh Gazette Part II Extraordinary dated 4-6-1975 in so far as it relates to the petitioners.2. The petitioners are operators of stage carriages on various inter-State routes covering-the States of Andhra Pradesh and Tamil Nadu under permits issued by the State of Andhra Pradesh and counter-signed by the State of Tamil Nadu.3. In order to appreciate the contentions raised in this hatch of writ petitions suffice to notice the facts relating to W.P. No. 3599/75. The petitioner there in is plying a vehicle APC 5472 on mote Tirupathi to Tiruvannamalai viz.. chandragiri, Chittoor and Vellore. That route was opened pursuant to an inter-State agreement between the Government of Andhra Pradesh and the Government of Tamil Nadu in the year, 1964. Under the said agreement,...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1986(23)ELT116(AP)
ORDERAlladi Kuppuswami, J.W.A. No. 325/1978 :1. This is an appeal against the judgment of our learned brother Jeevan Reddy, J., admitting a writ petition challenging the order of the Government of India dismissing an appeal preferred against the order of the Collector of Central Excise, Hyderabad. The appellant herein and another were apprehended by the Sub-Inspector of Police on 25-5-1964 at Renigunta railway station as they were suspected of carrying primary gold. The appellant was carrying a quantity of 3491.900 grams of gold rods and semi-finished articles. He was taken to the police station. The Sub-Inspector of Police informed the Deputy Superintendent of Central Excise, Chittor about this and the latter proceeded to Renigunta on 26-5-1964 and took possession of the gold from the room in the police station in which it was placed by the Sub-Inspector of Police, A statement was taken from the Appellant in which he said that the gold constituted 'ornaments' and was not primary gold....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1979AP2
ORDER1. Though the respondent has been served on 20th of May 1978, he has not appeared or has engaged any counsel. 2. This revision petition has been filed by the plaintiff objecting to the rejection by the trial Court of his request to mark document dated 5-12 -72 as a Promissory note. It appears that earlier, it was received only as a bond, but that does not detract from the right of the Court to treat any document before it in its proper perspective. Since the words 'or order' in the document, the lower Court, purporting to follow, in the matter of Kuppusami Chettiar : AIR1955Mad652 (FB) upheld the defendants contention and refused to receive the document as a Promissory note It should be remembered that it had already been received is evidence and forms part of the record. I do not think that the lower Court is right in refusing to recognise the document as a promissory note Section 4 of the Negotiable Instruments Act prescribes the following requirements for a promissory note: (1)...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1979AP132
ORDER1. This is an election petitioner presented under S. 81 of the Representation of the People Act, 1951 praying for a declaration that the election of the 1st respondent is void and that the petitioner has been duly elected on the ground that the 1st respondent was disqualified to be chosen to till the seat in the Andhra Pradesh Legislative Assembly, as he has a subsisting contract with the State Government for the sale of arrack and toddy in the course of his trade or business.2. The material facts are not in dispute and they are as follows: The election to the Andhra Pradesh State Legislative Assembly for No. 253 Indurthi Assembly Constituency of Karimnagar Taluk and District was held in the month of Feb. 1978. The petitioner and the respondents Nos. 1 to 5 contested in the said election. The petitioner contested as a Congress-I candidate and secured 20,021 votes and the 1st respondent who contested as C.P.I. candidate secure 21,735 votes and was declared to have been elected. The...
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1981]127ITR577(AP)
Sambasiva Rao, C.J.1. On hearing the learned counsel for the petitioner, we thought that the writ petition can straightaway be disposed of finally. That is why we have called upon Sri Polavarapu Rama Rao, standing counsel for the revenue, to argue the matter on behalf of the revenue, which he has done. Now, we have had the benefit of hearing both sides.2. The assessee to income-tax had filed this writ petition, seeking a mandamus declaring the order of the CIT, Andhra Pradesh-III, Hyderabad, in his proceedings dated March 25, 1978, null and void and to direct the IAC, Range-Ill, Hyderabad, and the ITO, D-Ward, Circle-Ill, Hyderabad, to consider the applications dated December 20, 1974, July 21, 1978, and July 21, 1978, filed by him and which are pending before the respondent Nos. 2 and 3.3. The facts are simple. Penal interest had been levied on the assessee for the assessment years 1968-69, 1969-70 and 1970-71 and were completed on March 27, 1972, March 27, 1972, and January 21, 1973,...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1979AP144
ORDER1. In this petition, the question that arises is the payment of proper court-fee on the value of the amount mentioned in the schedule attached to the Matters of administration granted to the petitioner. The learned counsel for the petitioner contended that the petitioner need not pay court fee on the assets of the deceased mentioned in Schedule B which are outside India. The assets mentioned in Schedule B are as follows: 'Estate to be recovered and be administered : 1. Amount of $ 14.583-53 in Saving Account No. 3440649544 in the First National City Bank, New York. Standing to the credit of the petitioner's husband the late Jiwatram Mulchand Chugani. 2. Amount of $ 7.85 in the account of the Petitioner's husband. the late Jiwatram Mulchand Chugani in the Banque Nationale de Paris Ltd. Knight-: Bridge, Branch. 60 Brompton Road, S.W.3, London.' 2. I requested Sri A Rangacharyulu to assist me as Amicus Curine and he has investigated into the matter and placed before me several ruli...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1979AP3
ORDER1. The petitioner in W P. No 530 of 1978 was the President of the Visakhapatnam District Co-operative Marketing Society Limited Visakhapatnam (referred to in this judgment as the Society) between the years 1946 and 1972 and the petitioner in W,P. No. 1533 of 19'i8 was one of the Directors of the Committee during the period 11-2-1962 to 1-6-1-72 The Society paid a sum of RS 10.000/- to the Assistant Procurement Officer of the Society of food grains for the Society through purchasing agents. The purchasing agents presented a bill for RS. 15,764.27 and this was settled on 31-7-1947. Later on it was found that when the bill was settled, the amount. of RS. 10.000/- was not deducted from the bill. Thereupon the Society filed a claim No. 51/48-49 before the Deputy Registrar. Visakhapatnam claiming the sum of RS. 10.000/-- from the purchasing agents The claim was allowed. The purchasing agents preferred a revision petition to the Joint Registrar of the Co-operative Society who held that t...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1979AP36
1. In this appeal, the question for my consideration is whether the Son is bound by the court sale of the properties mortgaged by his lather, though he is not made a party to the mortgage suit The plaintiff, Vadla Nara Simhulu, is the son of the 1st defendant Vadla Ramaish The 1st defendant borrowed RS 2,000 from the 2nd defendant, Mundrinti Erranna, on 22nd March, 1952 agreeing to pay that amount with interest at 18%, and he also executed a simple mortgage deed on the same date with respect to items 1 and 2 of the plaint schedule as a Security for that debt Since the father did not pay the amount the 2nd defendant filed a suit .O.S, 199/1964 against him on the foot of the mortgage deed and obtained a preliminary decree on 21st Oct. 1965. The final decree was passed on 2nd Jan. 1967. Then, an execution Petition was filed in 1968 and items 1 and 2 were purchased by the 2nd defendant on l1th March. 1969 for RS. 5,210 and he took delivery of possession of the properties on 1st Sept. 1969....
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