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Andhra Pradesh Court August 1980 Judgments

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Aug 20 1980

K. Bheema Raju and anr. Vs. Government of Andhra Pradesh and ors.

Court: Andhra Pradesh

Decided on: Aug-20-1980

Reported in: AIR1981AP24

Reddy, J.1. The petitioners are advocates practising in the Civil and Criminal Courts at Tanuku. A Court of Subordinate Judge-cum-Assistant Sessions Judge and a Court of District Munsiff are located in Tanuku. The Bar at Tanuku has a strength of about 45 members.2. Consequent on the expiry of the term of office of the Assistant Government Pleader for the Courts of the Subordinate Judge and District Munsif at Tanuku held by one Y. Rajagopal Rao, the said post of Assistant Government Pleader fell vacant on 12-8-1978. This post has to be filled up by direct recruitment from the Bar i.e., the Legal practitioners of the District under Rule 7 (a) of the Andhra Pradesh Law Officers (Recruitment. Conditions of Service and Remuneration) Rules. 1967, hereinafter referred to as 'the Law Officers Recruitment Rules'. The District Collector West Godavari, by his letter dated 29-6-1978 requested the Tahsildar to send up proposals through the Revenue Divisional Officer, Kovvur to fill up the post of A...


Aug 20 1980

Pillalamarri Lakshmikantham and ors. Vs. Ramakrishna Pictures and ors.

Court: Andhra Pradesh

Decided on: Aug-20-1980

Reported in: AIR1981AP224

Raghuvir, J.1. The proprietor of the Modern Publishers at Tenali who have now changed their business name to be 'Pillalamarri Publishers' (the Publishers) complain in the suit of infringement of copyright in a book 'Tara-sasankam' printed by them in 1945. The author of the book, Kopparapu Subba-rao, they aver, had assigned copyrights to the publishers on January 17, 1945, under Ex. A-1 deed. The book appears to have been written at the suggestion of late Suri Babu, a well known stage and cine actor. Having written, the author assigned the stage rights to Suri Babu and imposed a condition that he (the actor) and another actress Ch. Rajeswari to perform 'in combination' the play -- the theme in the book. Suri Babu died in 1966, and on his death, under the terms of Ex. A1 deed the publishers aver that absolute copyrights vested in them. The author died on May, 7, 1957, after the book was printed in three editions by the publishers. The spouse of the author, notwithstanding the transfer in...


Aug 19 1980

S. Ramayya and ors. Vs. Government of Andhra Pradesh and ors.

Court: Andhra Pradesh

Decided on: Aug-19-1980

Reported in: AIR1981AP8

Seetharama Reddy, J. 1. The petitioners, 114 in number, complain that the Executive Officer, Tirumala Tirupathi Devasthanams, by a stroke of pen, under the guise of unguided statutory provision, put an end to their age-old business of bartering (tonsuring and haircutting) in Tirumala Hills area abridging thereby the fundamental right resulting in violation of Article 19(1)(g) of the Constitution of India.2. The case is concerned with the rights of barbers in respect of their calling, viz., tonsuring and hair-cutting, vis-a-vis the Tirumala Tirupathi Devasthanams. But we must say something about 'tonsuring' as disclosed by the papers placed before us.3. 'Tonsuring' denotes the well established concept of devotive offerings by pilgrims of their hair. In this case, it pertains to the 10-1/3 square miles of the Tirumala Hills, area wherein the main shrine of Lord Venkateswara is located and where pilgrims offer their hair to be shaven by barbers, to the deity. The Tirumala Hills area was a...


Aug 19 1980

Electronics Corporation of India Ltd. Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Aug-19-1980

Reported in: [1981]47STC27(AP)

Alladi Kuppuswami, Ag.C.J. 1. The assessee, M/s. Electronics Corporation of India Ltd., is the petitioner. The assessment relates to the years 1971-72, 1972-73 and 1973-74. The Appeals Nos. 54 to 56 of 1977 in regard to the assessment orders for these years were disposed of by a common order by the Sales Tax Appellate Tribunal. 2. The petitioner is a Government of India undertaking which manufactures various items of electronic equipment. The Commercial Tax Officer taxed the entire turnover of 1971-72 at 10 per cent; part of the turnover of 1972-73 at 7 per cent and the remainder at 10 per cent; part of the turnover of 1973-74 at 10 per cent and the remaining at 12 per cent. These were appeals to the Assistant Commissioner who rejected and appeals for 1971-72 and 1972-73. Regarding the year 1973-74 he set aside the order of the Commercial Tax Officer and directed him to ascertain the turnover relating to television and its components and parts and computers and restrict the tax to that...


Aug 12 1980

C. Venkata Subbaiah and Co. and anr. Vs. the State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Aug-12-1980

Reported in: [1981]47STC204(AP)

Alladi Kuppuswami, Ag.C.J. 1. Though the assessees are different in these two cases, it is admitted that the facts are similar. Hence it is sufficient to state the facts in one of them, viz., T.R.C. No. 58 of 1977. The facts are that the assessee while submitting his return for the year 1971-72 claimed exemption in regard to a turnover of Rs. 3,63,057.37 and Rs. 1,20,497.28 on the ground that they represented purchases of copra and watery coconuts which were again sold to other dealers within the State. The assessee therefore claimed that he was not the last purchaser in respect of these commodities and as tax was leviable only at the point of last purchase on these commodities, he was entitled to the exemption on the turnover relating to them. In support of his contention he produced a list of dealers to whom the copra and watery coconuts were sold. This list contained the bill number, the date of the sale, the amount for which it was sold. and the name and address of the purchaser. T...


Aug 08 1980

Thuraka Onnuramma and anr. Vs. Tahsildar, Kadiri and ors.

Court: Andhra Pradesh

Decided on: Aug-08-1980

Reported in: AIR1980AP267

ORDER1. These are two petitioners. The first petitioner is the mother and the second in her son. Both of them were 'landless poor persons'. In G. O. Ms. No. 1142 Revenue dated 18-6-1954, the State Government issued executive instructions governing the mode of assignment of Government lands to the landless poor persons. On the basis of the aforesaid G. O. and subject to its conditions the mother was assigned in the year 1956, Ac. 2.50 cents of land in Survey No. 970 in Ginjepalli village, Kadiri Taluk, Anantapur District. Similarly in the year 1968 an extent of Ac. 2.56 cents of land adjoining the above land and situated in Survey No. 970/2 of the same village was assigned to the son under the aforesaid G. O. Ms. No. 1142. The importance of the aforesaid G. O. Ms. No. 1142, consists in the prohibition it enacts against alienation of the lands assigned under that G. O. Under that G. O., it is provided that the assigned lands are heritable, but not alienable and when the assignee breaches...


Aug 06 1980

Sri Rajagopal Oil Mills Co. Vs. Collector of Central Excise and Custom ...

Court: Andhra Pradesh

Decided on: Aug-06-1980

Reported in: 1983(13)ELT873(AP)

Alladi Kuppuswami, A.C.J.1. The petitioners in most of the petitions carry on the business of manufacturing rice bran oil by the solvent extraction process and export de-oiled rice bran to the foreign countries. On 2-8-1976, there was an amendment to Schedule II of the Customs Tariff Act, 1975 whereby item No. 21 was introduced at the end of the schedule and it was stated that this item viz., animal feed is liable to export duty at the rate of Rs. 125 per tonne. On the same day, a notification was issued in exercise of the powers conferred under Section 25(1) of the Customs Act, 1962. By that notification, the Government in the public interest exempted animal feed containing not more than 40 per cent protein contents falling under item No. 21 of the Second Schedule of the Customs Tariff Act, 1975 and exported out of India, from the whole of the duty of customs leviable thereon under the second schedule. Subsequently, there was another notification on 22-1-1977 which was in supersession...


Aug 05 1980

The State Vs. Rajkumar Satthi and ors.

Court: Andhra Pradesh

Decided on: Aug-05-1980

Reported in: 1980CriLJ1355

Madhusudan Rao, J.1. This revision case is registered on a reference made by the learned Metropolitan Sessions Judge, Hyderabad, in Sessions Case No. 54 of 1979 on the file of his Court requesting that the committal of the case made by the IV Metropolitan Magistrate, Hyderabad, may be quashed. 2. The facts leading up to the reference are : The Inspector of Police, Chikkadapalli, Hyderabad, filed a charge-sheet against three accused alleging that they participated in three incidents forming the same transaction and that they are liable for punishment under sections 452 and 392 read with Section 34, I.P.C. in respect of one incident, under section 324 read with Section 34, I.P.C. in respect of another incident and under section 392, I.P.C. in respect of the third incident. It was requested in the charge-sheet that, in the event of conviction, the three accused may be bound over under section 106, Cr.P.C. besides being sentenced appropriately. It was further mentioned in the charge-sheet ...


Aug 05 1980

Bathula Iylaiah Vs. Bathula Devamma

Court: Andhra Pradesh

Decided on: Aug-05-1980

Reported in: AIR1981AP74

Madhava Rao, J. 1. This appeal by the husband is directed .against the judgment and decree of the learned Subordinate Judge, Warangal, in O.P. No. 13 of 1676 allowing the petition and granting decree for divorce. 2. It is alleged in the petition filed by the wife, the respondent herein, that she was married to the appellant about, ten years ago at the house of her parents in Lingapur village of Narsampet taluk. At the time of the marriage she was aged about nine years while her husband was aged about thirteen years. Subsequent to the marriage, she occasionally lived in the house of the appellant for short periods. For the purpose of disposal of this appeal, it is not necessary for us to refer to the other facts except to state that she was not being treated well by the appellant and his family members, that the appellant deserted the respondent, that the attempts made by the parents of the respondent for reconciliation failed and that the respondent apprehended that it would be harmful...


Aug 01 1980

Kalluri Bhagavanthu and ors. Vs. Kalluri Maraiah and ors.

Court: Andhra Pradesh

Decided on: Aug-01-1980

Reported in: AIR1981AP414

Madhava Rao, J.1. This appeal is directed against the judgment and decree of the learned Subordinate Judge, Nalgonda in O. S. No. 48 of 1977.2. Defendants 1 to 3 are the appellants. The judgment of the learned Subordinate Judge is very cryptic and reads as under :'Written statement not filed. Further time cannot be granted under Order 8. Rule 5 (2), C. P. C. Suit is decreed with costs.''3. The suit was filed for partition of the plaint schedule properties and for a declaration that the plaintiffs, defendant No. 1, defendant No. 2 and defendants 4 to 6 together have got 115/160th, 38/160th, 1/160th and 6/160th share respectively in the plaint B schedulelands. At the very outset it can benoted that it is not necessary for us to go into the allegations made by the parties for the purpose of disposal of this appeal as no written statement was filed in the suit. The learned Subordinate Judge referred to Order 8, Rule 5 (2), C. P. C. in his order while decreeing the suit. Order 8, Rule 5 (2)...


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