Andhra Pradesh Court March 1982 Judgments
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Nellore Bujjanna and anr. Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Mar-04-1982
Reported in: AIR1982AP414
Kuppuswami, C.J.1. The se writ petitions are posted before this Bench on receipt of the opinion of a Full bench consisting of five Judges reported in N. Bujjanna V. Thansildar, Rapur, 1980 I Andh WR 235: AIR 1980 Andh pra 118.2. The relevant facts are stated in the Judgment dated 7-7-1978 of the Full Bench, referring it to a Fuller Bench and they are also in the judgment of the Fuller Bench and it is unnecessary to repeat them in detail. However, a few facts may briefly be stated.3. The Andhra Pradesh (Andhra Area ) Inams ( Abolition and Conversion into Ryotwari) Act (Act No. XXXVII of 1956) for short, the Act) was amended by the introduction of S. 2- A in the following terms:-'Notwithstanding anything contained in this Act all Communal lands and porambokes, grazing lands, waste lands, forest lands, mines and ferries in the inam lands shall stand transferred to the Government and vest in them free of all encumbrances'4. Notices were issued to several inamdars by the concerned officers ...
Mallavarapu Suryanarayana Murthy and ors. Vs. Buddaraju Suryanarayana ...
Court: Andhra Pradesh
Decided on: Mar-04-1982
Reported in: AIR1982AP313
1. Plaintiff is the appellant. He filed a suit for recovery of a sum of Rs. 31,686, being the balance of the principle and interest due on a registered mortgage bond dt. 29-8-1960, executed by the 1st defendant and his wife, in favour of the plaintiff and his father. The Principle amount under the mortgage bond is Rs. 11,000. According to the terms of the mortgage, interest is payable at the rate of 0.94 paise per cent per mensem, once in six months, and the principle amount has to be discharged in five equal instalments, by 29-8-1965. It was further provided that, in default of payment of any instalment, the amount will carry compound interest at the same rate, with half yearly rests. Suit was filed alleging that the mortgagors-defendants have failed to pay the amount as stipulated. 2. The legal representative of the 1st defendant (the 1st defendant died pending the suit) filed a written statement, contending that he is not aware of the suit mortgage bond, and putting the plaintiff to...
New India Assurance Co. Ltd. Vs. Shaik Jaffer and ors.
Court: Andhra Pradesh
Decided on: Mar-02-1982
Reported in: [1984]56CompCas79(AP)
Jeevan Reddy, J.1. These four civil miscellaneour appeals are preferred by the insurance company, questioning the award of the Motor Accidents Claims Tribunal. The Contention of Mr. I.A.Naidu is that, on the findings recorded by the Tribunal, the insurances company could not have been liable for paying the compensation awarded. It is necessary to state of few facts. 2. On December 14, 1978, the petitioner in O.P.No. 236/1978 (first REspondents in C.M.A. No. 313/80) was driving the lorry APQ 3547, loaded with gammaxine bags. He was transporting them from Doopadu railway station to Nellore. While going on the Bombay-Nellor High Road, near Badvel town, he met a party of music-artists. They were stranded for want of transport. At their entreaty, the driver agreed to accommodate them in the lorry and, accordingly they got into the lorry. When the lorry reached 61 km. near Konna Samudram Croos-roads, within D.C.Palli Police Station limits, the lorry dashed against a plamyra treem, and got da...
Tungbhadra Industries Ltd. Vs. Union of India and anr.
Court: Andhra Pradesh
Decided on: Mar-02-1982
Reported in: 1983(12)ELT709(AP)
Alladi Kuppuswami, C.J. 1. In this batch of Writ Petitions, the first and main question for consideration is whether the petitioners are liable for excise duty on post-manufacturing expenses. In view of the decision of this Court in Indo National Ltd., Nellore and another v. Union of India and others 1979 E.L.T. (J) 234 which wAs followed in the recent decision of this Court in Writ Petition No. 650 of 1980, dated 31-12-1981 the contention that the petitioners are not liable to pay this amount has to be allowed. 2. It is however, argued on behalf of the respondents that the petitioners should not be allowed to enrich themselves unjustly at the instance of the person from whom the petitioners collected excise duty. This contention has to be negatived in view of our decision in Writ Petition No. 650 of 1980, dated 31-12-1981. There will be directions similar to what have given at the end of the judgment in the said writ petition. 3. It is also contended on behalf of the respondents that ...
Udata Narasimha Rao and Co. Vs. the State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Mar-02-1982
Reported in: [1982]51STC126(AP)
Amareswari, J.1. In these writ petitions the common question raised is that entries 144 and 147 of the First Schedule to the Andhra Pradesh General Sales Tax Act are ultra vires and violative of article 286(3) of the Constitution of India read with section 15(a) of the Central Sales Tax Act. 2. The petitioners are dealers in rice, ravva, dhalls and grains at different places in the State of Andhra Pradesh. Their main complaint is that ravva obtained from rice or wheat and fried gram dhall are not liable to be taxed at the rate of 1 per cent and 5 per cent respectively as per entries 144 and 147 of the First Schedule to the Andhra Pradesh General Sales Tax Act. 3. The question that arises for consideration is whether ravva obtained from wheat, rice or maize and parched and fried Bengal gram are assessable to tax at the rates and conditions mentioned in items 144 and 147 of the First Schedule to the Andhra Pradesh General Sales Tax Act, 1957 (hereinafter referred to as the State Act), af...
Chekuri Venkararaju Vs. Kaza NazeeruddIn and ors.
Court: Andhra Pradesh
Decided on: Mar-02-1982
Reported in: AIR1983AP431
Madhava Reddy, J.1. The 8th defendant in O.s. 25 of 1970 on the file of the Court of the subordinate Judge at Machilipatnam has preferred this appeal against the judgment and decree declaring the Court auction sale of the plaint schedule property held on 26-8-1968 in EP No. 94 of 1961 on the file of the subordinate Judge, Machilipatnam, in pursuance of the decree of the Madras High Court C.S. No. 175 of 1946 as void and not binding on the shares of the plaintiffs- respondents in the pliant scheduled property and that they are entitled to a partition and for allotment of their separate shares by metes and bounds. Plaintiffs 1 to 4 were declared entitled to Ac. 1.21 cents each. And plaintiffs 5 and 6 and the first defendant are entitled to Ac 0.59 cents each out of the plaint schedule property towards their shares plaintiffs were also declared entitled to profits towards their shares of the property from the date of the suit till delivery of possession of the propertues and the profits w...
New India Assurance Company Ltd. Vs. Shaik Jaffar and ors.
Court: Andhra Pradesh
Decided on: Mar-02-1982
Reported in: AIR1982AP309
1. These four Civil Miscellaneous Appeals are preferred by the Insurance Company questioning the award of the Motor Accidents Claims Tribunal. The contention of Mr. I. A Naidu is that on the findings recorded by the Tribunal, the Insurance Company could not have been made liable for paying the compensation awarded. IT is necessary to state a few facts:2. On 14-12-1978, the petitioner in O.P. No. 236/1978 (First respondent in C.M.A 313/80) was driving the lorry, APQ 3547 loaded with Gammaxine bags. He was transporting them from Doopadu railway Station, to Nellore. While going on the Bombay-Nellore High Road, near Bedvel town, he met a party of music artists. They were stranded for want fo transport. At their entreaty, the lorry and, accordingly, they got into the lorry. When the lorry reached K. M. 61 near Kona Samudran Cross- road, within dashed against a palmyra tree, and got damaged. The inmates, including the driver and the three music artists who got into the lorry near Badvel town...
Amjadulla Siddiqui and anr. Vs. Mirza NizamuddIn Baig and ors.
Court: Andhra Pradesh
Decided on: Mar-02-1982
Reported in: AIR1982AP342
Jeevan Reddy, J.1. The three revision petitions and the four C. M. Ps. can be disposed of under a common order. They arise in the following circumstances:2. O. S. No. 750/73 was instituted by the Jumma Masjid, represented by the Muttavalli Abdul Rahim, for eviction of the tenant, Sri Radha Krishna Rice Mill. It was decreed by the trial Court. The tenant-rice mill filed A. S. No. 480/76 in this court. Pending the appeal. Abdul Rahim died in Karachi, Pakistan, in the year 1978. Thereupon the appellant-tenant filed C. M. P. 3635/78 for bringing on record one Abdul Gafoor as the Mutavalli and legal representative of Abdul Rahim. Before this petition was ordered, Abdul Gafoor also died in a plane accident on 19-8-1980. Thereupon, the appellant-tenant filed C. M. P. 18141/80 to bring on record Mohiuddin Ali Khan as Muttavalli of the plaintiff mosque. While this petition was pending a compromise was arrived at between the tenant-appellant and the mosque, which was also approved by the Governm...
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