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Andhra Pradesh Court February 1980 Judgments

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Feb 27 1980

Commissioner of Income-tax, Andhra Pradesh Vs. Oblum Electrical Indust ...

Court: Andhra Pradesh

Decided on: Feb-27-1980

Reported in: (1980)17CTR(AP)266; [1981]127ITR409(AP)

Alladi Kuppuswami, J. 1. By an agreement dated July 28, 1965, a firm known as M/s. Switch Gear Manufacturing Company, Hyderabad, entered into an agreement with the National Research Development Corporation of India (referred to in this judgment as 'N.R.D.C.') for the purpose of using a process developed by the Indian Institute of Science under licence from N.R.D.C. for the manufacture of non-linear resistor compound. This compound is useful for the purpose of manufacture of lightning arresters. Under clause 1 of the agreement, the licence was granted for a term of 14 years from the day of October 1, 1964, and comprised the right to use the invention for non-linear resistor compound from conducting and semi-conducting materials such as graphite and silicon carbide covered by Indian Patent No. 55282 at the grantee's own factory, and to sell the product manufactured in accordance with the said invention. This was in consideration of a payment of Rs. 5,000 by way of premium and payment of ...


Feb 26 1980

In Re: M. Narasimha Reddy

Court: Andhra Pradesh

Decided on: Feb-26-1980

Reported in: 1980CriLJ1164

ORDER1. A partnership firm called Amba Enterprises owning and running newly constructed 70 M.M., 'Amba Cinema Theater' situate at Mehedipatnam, Hyderabad, is the petitioner in this Writ Petition complaining against an order passed by the Commissioner of Police, Hyderabad and confirmed by the State Government holding it to be guilty of violating Condition No. 27 of the licence read with S. 10(2)(b) of the Andhra Pradesh Cinema (Regulation) Act of 1955 ('Act', hereafter). 2. On 9-8-1979, the Commissioner of Police, Hyderabad, who is the licensing authority under the above Act, had received a complaint with regard to the running of this theater by the petitioner. The substance of the complaint was that on 8-8-1978 motion-pictures were being exhibited in the theatre without the air-cooling apparatus functioning to full capacity causing the cine-goers discomfort and deprivation of the entertainment pleasure to which they were entitled. The complainant and his companious who visited the thea...


Feb 22 1980

Aluva Balaiahgari Chandra Reddy Vs. the Revenue Inspector, Rajampet an ...

Court: Andhra Pradesh

Decided on: Feb-22-1980

Reported in: 1980CriLJ1169

ORDER1. This petition under Section 482, Cr.P.C. is directed against the proceedings under section 107, Cr.P.C. initiated by the Sub-Divisional Magistrate, Rajampet, in M.C. No. 24 of 1979. The petitioner is the sole accused in the case. 2. The facts of the case are few and they are : The Revenue Inspector, Rajampet, submitted a report to the Tahsildar, Rajampet, alleging that he was slapped on his cheek by the petitioner in the Taluk Office, Rajampet, on 4-10-1979 at about 8.50 a.m. in the presence of the members of the staff. Under the letter dated 7-10-1979, the tahsildar forwarded the report of the Revenue Inspector to the Sub-Inspector of Police, Rajampet, and the same was received by the Sub-Inspector on 9-10-1979. The Sub-Inspector, Rajampet, thereupon registered a case under section 353, I.P.C. against the petitioner. While the Sub-Inspector was investigating into the case, the Revenue Inspector submitted a petition on 28-10-1979 to the Assistant Collector, Rajampet, reiteratin...


Feb 21 1980

C. Satyanarayana Vs. the Secretary, Housing Municipal Administration a ...

Court: Andhra Pradesh

Decided on: Feb-21-1980

Reported in: AIR1981AP81

Punnayya, J.1. The petitioner is a voter in Boudhnagar Constituency of Hyderabad Municipal Corporation. A Notification in G. O. Ms. No. 1079 published in the Andhra Pradesh Gazette No. 276 dt. 12-11-79 was issued for holding elections for Hyderabad-Secunderad Municipal Corporation in or about April, 1970. But the Boudhnagar Constituency was declared to have been reserved for women contestants under Section 8 (1)(c) of the Hyderabad Municipal Corporation (Amendment) Act of 1979. The petitioner contends that Boudhnagar Constituency consists of less women population than the Constituency No. 95 Chilkalguda Ward No. 11. Blocks Nos. 1 and 4 and Constituency bearing No. 96 called Miryalguda Constituency. While Boudhnagar Constituency consists of 6,176 women as against 9,550 men, Constituency No. 95 Chilkalguda consists of 3,163 women population as against 3,329 male population and Miryalguda Constituency consists of 5,384 women as against male population of 5,632 and hence the Miryalguda Con...


Feb 15 1980

T.V. Sarma Vs. R. Meeriah and ors.

Court: Andhra Pradesh

Decided on: Feb-15-1980

Reported in: AIR1980AP219

Alladi Kuppuswami, J.1. This revision petition is filed against an order of the Metropolitan Sessions Judge in Sessions Case No. 28 of 1978 holding that there are no grounds for framing charges against A-3, A-5 and A-7 to A-14 and directing that charges be framed only against A-1, A-2, A-4 and A-6 for the two offences namely (1) under Section 120-B read with Section 201 I. P. C. and (2) under Section 120-B read with Section 500 I.P.C.2.The petitioner is a leading criminal lawyer of this court. His son, Dr. Krishna Rao a Medical Officer in the Osmania General Hospital was married on 2nd January , 1975 to Kamala Devi, daughter of Koteswara Rao and the younger sister of A-1. The marriage was celebrated in the village Swarna, Prakasam District in the house of the bride's parents. After the marriage, the couple left for Hyderabad on 3-1-1975. On the way at Narsaraopet, Kamaladevi had vomitings and it was found that she was pregnant. They reached Hyderabad on the morning of 4-1-1975 and they...


Feb 11 1980

Commissioner of Income-tax, Andhra Circle-i, Hyderabad Vs. Rameswar an ...

Court: Andhra Pradesh

Decided on: Feb-11-1980

Reported in: (1980)18CTR(AP)119; [1981]130ITR51(AP)

Raghuvir, J. 1. This reference is made by the Income-tax Appellate Tribunal, Bench A, at Hyderabad under s. 256(1) of the I. T. Act, (43 of 1961) ('the Act'), at the instance of the Commissioner of Income-tax, Hyderabad, for the opinion of this court on the following question of law : 'Whether, on the facts and in the circumstances of the case, when the assessee concealed particulars of income in the original return filed on October 7, 1965 (September 30, 1965) and also in the revised returns filed on January 2, 1970, and January 7, 1970 (i.e., after April 1, 1968), the quantum of penalty to be levied should be as per the amended provisions of section 271(1)(ii) brought into effect from April 1, 1968 ?' 2. M/s. Rameswar & Co., Zaheerabad, is a registered firm the assessee, constituted with fifteen partners. The assessee carried on the business of excise contracts and for the assessment year 1965-66, the accounting year of the firm ended on September 30, 1964. Two returns on September 3...


Feb 11 1980

Vemavarapur Mallikarjuna Rao Vs. Chaturvedula Siva Sankara Prasad and ...

Court: Andhra Pradesh

Decided on: Feb-11-1980

Reported in: AIR1981AP84

1. This Second Appeal involves the scope and interpretation of Section 23 of the Hindu Succession Act, 1956. 2. The facts of the case relevant for the purpose may be shortly stated. On 10th Apr., 1969, Chaturvedula Rajyalakshmamma alias Rajyalakshmi, the third defendant in the suit, entered into an agreement of sale Exhibit A-1 with the plaintiff agreeing to sell the plaint B-Schedule land and another 50 yards of site adjoining thereto representing to the plaintiff that she alone had full title to the entire B-Schedule property. Defendants 1 and 2 are the sons of the third defendant. Subsequently, the plaintiff came to know that the defendants 1 and 2 have title to the B-Schedule property, that the third defendant has only 1/3rd share and that she had misrepresented the facts. Therefore, the plaintiff raised a dispute with the third defendant and issued a registered notice to defendants 1 and 2. The third defendant ultimately executed the sale deed in favour of the plaintiff. Exhibit A...


Feb 07 1980

Commissioner of Wealth-tax, Andhra Pradesh Vs. Amatul Kareem

Court: Andhra Pradesh

Decided on: Feb-07-1980

Reported in: (1980)19CTR(AP)154; [1981]127ITR549(AP)

Madhava Reddy, J. 1. The assessee is an individual assessed to wealth-tax for assessment years 1970-71. The assessee is a shareholder in the Estate of late Nawab Salar Jung which was the subject-matter of a prolonged litigation. On the death of Salar Jung III, an ordinance was issued on November 12, 1949, providing for the administration of his estate. In the litigation that followed among the heirs of late Salar Jung, a compromise was entered d into on September 29, 1956, and a preliminary decree for partition of the estate was passed by this court on March 5, 1959. Under the compromise decree, the assessee's share of the property was determined, which among others, comprised of certain immovable properties which were subsequently acquired by the Government under the provisions of the Land Acquisition Act. Proceedings for acquisition of the lands were initiated on August 4, 1960 and a notification under s. 4(1) of the Land Acquisition Act was issued on August 25, 1960. It is in respec...


Feb 04 1980

Andhra Pradesh Wakf Board, Hyderabad Vs. Moparti Somaiah and ors.

Court: Andhra Pradesh

Decided on: Feb-04-1980

Reported in: AIR1980AP199

1. The Andhra Pradesh Wakf Board, the plaintiff in the suit is the appellant. The defendants thirty in number are in possession and enjoyment of small parcels of land of a total extent of Ac. 25-55 cents in S. Nos. 462 and 463 of Tadikonda village, more fully described in the plaint schedule. The plaintiff Board filed the suit for possession of the plaint schedule properties with profits by way of damages alleging that the plaint schedule properties with profits by way of damages alleging that the plaint schedule properties are the Wakf properties. It is the plaintiff's case that the suit schedule properties were granted to the Darga of Hazarat Niamatulla at Tadikonda village for its maintenance and upkeep and to perform services of Darga along with some other properties, that the 13th defendant is the heir of the original grantee, that the predecessors in interest of the 13th defendant leased out items 1 and 2 of the plaint schedule properties to the predecessors in interest of defend...


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