Andhra Pradesh Court July 1981 Judgments
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Shahzadi Begum Vs. Mohd. Abdul Gaffar
Court: Andhra Pradesh
Decided on: Jul-31-1981
Reported in: 1981CriLJ1532
ORDER1. Shahzadi Begum has filed this revision questioning the order of the Sessions Judge, Khammam, allowing the petition filed by her husband, Mohd. Abdul Gaffar, to set aside the order of the Additional Judicial First Class Magistrate, Kothagudem, awarding maintenance to her at Rs. 75/- per month. 2. Shahzadi Begum is the wife of Mohd. Abdul Gaffar, the respondent. Abdul Allem, aged about 2 years is their son, Shahzadi Begum (Petitioner) and Mohd. Abdul Gaffar (respondent) were married on 14th April, 1974. According to the petitioner, the respondent was ill-treating her and ultimately forced her to leave the house on 1st February, 1975 and was not providing any maintenance for her or their son. She further stated that the respondent had divorced her on 14th January, 1978 and had married again. She had not remarried. The respondent is working as a Fitter in the Singareni Collieries at Kothagudem and gets a monthly income of Rs. 600/-. Their son is still under her guardianship and pro...
K. Hanumantha Rao Vs. K. Narasimha Rao and ors.
Court: Andhra Pradesh
Decided on: Jul-30-1981
Reported in: 1982CriLJ734
Ramanujulu Naidu, J. 1. The above appeal is preferred against the judgment rendered by the Judicial Magistrate of the First Class, Avanigadda in C.C. No. 36 of 1977 on his file acquitting the accused therein, respondents 1 to 3 herein, of the offence punishable under S. 323 of the I.P.C. on the ground that the prosecution of the accused is barred by time as enacted under S. 468, Criminal P.C. When the appeal came up for hearing before one of us, Smt. Susheela Devi, learned counsel for the appellant contended that the learned Magistrate having taken cognizance of the complaint instituted by the appellant under S. 324, I.P.C. should not have entertained and upheld the plea of limitation put forward by the accused notwithstanding the conclusion reached by him that the accused were guilty of the offence punishable under S. 323, I.P.C. As the question raised is of general importance, an authoritative pronouncement on the question by a Division Bench of this Court was considered necessary an...
N. Sreerama Murthy and ors. Vs. the State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Jul-29-1981
Reported in: AIR1981AP395
Madhava Reddy, J.1. These three writ petitions call in question the vires of the Andhra Pradesh (Agricultural produce and Livestock) Markets Amendment Ordinance No. 11 of 1980. Subsequent to the filing of these petitions, this Ordinance was replaced by the Andhra Pradesh (Agricultural Produce and Livestock) Markets (Amendment) Act, 1981 (Act 6 of 1981) published in the Andhra Pradesh Gazette dated 30-3-1981. This Act is deemed to have come into force on 2-12-1980, the date on which the Ordinance came into force. From the relief claimed in the writ petitions, it would appear as if the vires of the entire amendment Act is challenged. But during the course of the arguments, the attack was confined to Section 2 of the Amendment Act by which Sub-sections (1) and (2) of Section 5 of the principal Act were amended.2. Sub-sections (1) and (2) of Section 5 of the Act, as they stood prior to the amendment, read as follows :--'5. Composition of market committee:--(1) Every market committee shall ...
Sudershan Trading Co. and anr. Vs. Commercial Tax Officer, Warangal an ...
Court: Andhra Pradesh
Decided on: Jul-21-1981
Reported in: [1981]48STC263(AP)
Ramachandra Raju, J. 1. The petitioners in each of the writ petitions seek an appropriate writ or order especially in the nature of mandamus restraining the respondents from making assessments or revisions fastening the tax liability on them in respect of second sales of tax-suffered jaggery for the relevant assessment years by declaring that the petitioners are under no legal obligation to furnish the originals of declarations in form I prescribed by rule 6-A of the A.P. General Sales Tax Rules, 1957, in relation to the jaggery purchased by them through commission agents or in the alternative to declare that rule 6-A of the A.P. General Sales Tax Rules in so far as it insists upon the production of original declarations in form I issued by selling dealers is ultra vires and unenforceable. 2. Jaggery is classified as goods in respect of which tax is leviable under section 5(2)(c) of the Act at 6 per cent, at every point of sale in the State provided that - (a) where jaggery is sold to ...
The Associated Cement Cos. Ltd. Vs. Government of Andhra Pradesh and a ...
Court: Andhra Pradesh
Decided on: Jul-20-1981
Reported in: AIR1981AP320
ORDER1. This writ petition raises the Question whether a mining lease granted by the State Government in Form-K prescribed by the Mineral Concession Rules, is a 'lease' as defined by the Indian Stamp Act and requires to be executed on a stamp-paper of the requisite value.2. The relevant circumstances are : the petitioner. Associated Cement Cos.. Ltd., Mancherial was granted a mining lease for quarrying lime-stone over an area of 1,900 Acres in Ralli Reserve Forest area, Lakshattipet Taluk in Adilabad District, under the provisions of the Mines and Minerals (Regulation and Development) Act, 1957. The original lease was granted in 1956, and was renewed, at the request of the petitioner, under G. O. Ms. No. 596, dated 21-5-1977 for a period of 20 years. The petitioner was called upon to pay stamp-duty under Article 31(a)(iv) and Article 31(c) of Schedule 1-A of the Indian Stamp Act. by the District Registrar, in a sum of Rs. 98,525/-. The petitioner made a representation to the Inspector ...
Pujarla Venkaiah Vs. District Magistrate, Nalgonda and anr.
Court: Andhra Pradesh
Decided on: Jul-10-1981
Reported in: 1981CriLJ1534
Punnayya, J.1. Pujarla Sambaiah, who is a student of law, Law College, Osmania University, was taken into custody on 5-3-1981 at Hyderabad under an order of detention dated 1-3-1981 passed by the District Magistrate, Nalgonda, who is the first respondent herein, in exercise of the powers conferred on him under Section 3(3) of the National Security Act. The detenu was served with the grounds of detention on 6-3-1981. The petitioner, who is the father of the detenu, filed this petition for the issuance of Writ of Habeas Corpus quashing the orders of detention and set Sambaiah at liberty forthwith. The grounds mentioned in the order of detention are four in number : 1. He is an active member of the extremist organisation called 'Andhra Pradesh Reorganising Committee,' wedded to violence by armed struggle and revolution, which committed 18 dacoities and 5 murders in Nalgonda District. 2. He has organised the radical Youth League and Raithu Cooli Sangham in Nalgonda in 1979-80 and instigat...
Satyapramoda Thirthaswamulavaru Vs. Mula Gunnayya (Deceased) and ors.
Court: Andhra Pradesh
Decided on: Jul-08-1981
Reported in: AIR1982AP24
Chennakesav Reddi, J. 1. The principal question, if not the only question, that requires consideration and determination in this appeal is 'whether a compromise decree if it operates as a lease is invalid for want of registration under Section 17 of the Indian Registration Act' ?2. The Plaintiff, Uttaradi Mutt, is a religious institution. Sri Satyapramoda Thirtha Swamulavaru is the Head of the Uttaradi Mutt. Sri M. V. Ramanacharya is the General Power of Attorney Holder and Agent of the said Head of the Uttaradi Mutt. Plaint A and B schedule properties situate in the village Ananthavaram in East Godavari District are inam lands and they were granted for the support of the Uttaradi Mutt. The lands are covered by title deed No. 5204. The grant covered both kudivaram and Melvaram interest in the lands. The Mutt has been enjoying the suit properties by leasing them to tenants.3. The plaintiff Mutt through the then Power of Attorney Holder and Agent of the Head of the Mutt filed the suit O....
Govind Bhatt Vs. Peddi Gangaram and anr.
Court: Andhra Pradesh
Decided on: Jul-08-1981
Reported in: AIR1982AP22
ORDER1. The petitioner filed a complaint before the Sub-Collector; Bodhan stating that survey No. 152 admeasuring Ac. 6-00 situated at Doulatapur village of Madnoor taluk has been alienated by the first respondent in favour of the second respondent. According to him the said land is a service inam land attached to Sri Chidanand Swamy and Venkateshwara and Joshigiri. He requested that the land should be resumed in favour of the petitioner, the Inamdar.2. On the basis of the said application, a show cause notice under Sec. 6 of Inam Atiyat Enquiry Act was issued to the respondents, who appeared and filed a counter. They denied that the said land is attached to Sri Chidanand Swamy and Venkateshwara temple. They relied upon a decision of the Munsif Magistrate's Court, Yellareddy in that behalf. They also denied the allegation that the petitioner is the inamdar entitled to the possession of the said land.3. On the basis of the pleadings the Sub-Collector framed three issues, viz., 1. Whethe...
B. Ravinder Reddy Vs. Special Deputy Collector, Land Acquisition (indu ...
Court: Andhra Pradesh
Decided on: Jul-06-1981
Reported in: AIR1981AP381
ORDER1. The question we have to decide in these petitions is whether interest is payable on the solatium paid under the Land Acquisition Act? The lands of the petitioners were acquired in 1961 under the Land Acquisition Act, 1894 (hereinafter called the Act). Possession of the lands was taken on 25th June, 1961. On a reference made to the Civil Court under Section 18 of the Act, compensation was enhanced to Rupees 2.25 paise per square yard. The State filed appeals in this Court. Myself and P.A. Chowdary, J., reduced the compensation to Rs. 1.75 per square yard. We held that the claimants were entitled for interest at the rate of 6 per cent per annum from the date of taking possession of the lands by the Government, that is, 25th June, 1961 till the date of payment. In addition, we also held that the claimants were entitled for solatium at 15 per cent on the compensation amount. While drafting the decree, interest was not calculated on the solatium by the High Court office. Therefore, ...
Chintha Savitramma Vs. Buddaraju Sivakumari Devi
Court: Andhra Pradesh
Decided on: Jul-06-1981
Reported in: AIR1982AP145
Kupppuswami, C.J.1. The petitioner herein is the judgement - debtor in O. S. 558 of 1973, Principal District Munsif's Court, Narsapur. She filed a petition under S.4 (2) (a) of the A. P. Agricultural Indebtedness (Relief) Act, (Act No. 7 of 1977) referred to in this judgment as the Act contending that she is a small farmer and that she in entitled to a declaration that the decree debt shall be deemed to be wholly discharged. She claimed that she was possessed of 1 acre out of 4 acres. 95 cents in R. S. No. 239 and she had no other income. This application was opposed on the ground that the petitioner's husband was doing business in rice and was earning more than Rs. 8000/- per annum and hence the petitioner is not a small farmer within the meaning of Act 7 of 1977. The learned District Muncie after considering the evidence adduced in the case held that the petitioner's husband was getting an annual income of RS. 5000/- or RS. 6000/-. He therefore held that though the petitioner was ent...
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