Andhra Pradesh Court November 1983 Judgments
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Pingle Madhusudhan Reddy Vs. Controller of Estate Duty
Court: Andhra Pradesh
Decided on: Nov-30-1983
Reported in: [1985]156ITR45(AP)
Raghuvir, J. 1. The above three reference are made to this court under the E.D. Act, 1953 (34 of 1933) (the Act), relevant to the estate of Pingle Venkatrama Reddy, who died on June 3, 1965. The questions in the reference relate to three life insurance policies obtained by the deceased. Two of the policies relate to a company, by name, Phoenix Assurance Company (Bombay company); the third, relates to the standard Life Insurance Company (the Calcutta company). The question principally is : Whether the proceeds of the policies should be aggregated with the general estate of the deceased, for determination of rate to ascertain the duty payable under the Act. 2. The three policies the assured obtained for Rs. 50,000 each. On the Bombay policies, the assured on October 13, 1941, and, for the second time on October 15, 1981, (sic) had taken loans from the Bombay company. From the statement of facts, it is not known what sums were borrowed. On the Calcutta company policy, the assured obtained...
Aman Alli Saheb Vs. K. Venkata Rama Suryanarayana Subba Raju
Court: Andhra Pradesh
Decided on: Nov-24-1983
Reported in: AIR1984AP71
ORDER1. The petitioner is the defendant. The present Revision arises against the Appellate Order interfering with the dismissal of an application under O. 9, R. 9, C. P. C., and directing the restoration of the suit dismissed for default on 23-8-1981. The reason assigned for the absence on that day is that the counsel was out of station. The plaintiff was unwell and he requested his son to attend the Court but in the meanwhile his scooter developed mechanical defect and therefore he could not reach the Court in time. For the absence of the party the suit was dismissed for default. The petitioner resisted the application for restoration on the ground that the plaintiff did not prove that he was suffering from illness by adduction of medical evidence. The absence of the counsel was not a relevant ground. These contentions prevailed with the trial Court but on appeal the appellate Court reversed that finding thus : 'I came to the conclusion that the plaintiff-petitioner was prevented from...
Andhra Kesari Education Society Vs. Government of Andhra Pradesh and o ...
Court: Andhra Pradesh
Decided on: Nov-22-1983
Reported in: AIR1984AP251
Madhava Reddy, C.J.1. Andhra Kesari Education Society, Ongole Prakasam District a Society registered, under the Societies Registration Act, seeks a writ of mandamus against the Government of Andhra Pradesh, the 1st respondent herein, and the District Educational Officer, Ongole, Prakasam District, the 2nd respondent herein, to grant permission to run the college of Education and the Teachers Training Institute at Ongole and to pass any other appropriate orders.2. The Society was registered with the primary object of establishing and running a College of Education for graduates and the Teachers Training Institute for non-graduates. The Society made an application on 27-7-1982 for grant of permission to establish and run a B. Ed. College at Ongole with a view to help the Scheduled Castes, Scheduled Tribes, backward classes and economically backward classes of the society and secured a suitable and spacious building and provided it with furnitures, library, laboratories, playground and ot...
Mohd. Ghulam Ghouse Khan Vs. Anantha Rao Deshmukh
Court: Andhra Pradesh
Decided on: Nov-21-1983
Reported in: AIR1984AP150
P. Kodandaramayya, J.1. This appeal raises an important question of law namely, whether a receiver appointed by Court can be sued without leave by the Court which appointed him and whether such a decree passed against him is a nullity.2. This Court in exercise of its original jurisdiction in C. S. No. 14/58 allotted to different shareholders item 29 of Schedule IV of plaint schedule situated in Zamistanpur bearing survey No. 179 as per allotment order dated 29-1-1971. Final decree proceedings have not yet been passed (and) the receiver is in possession of the property. The appellant in this appeal who is residing adjacent to plot No. 3 the paigh land in the said item 29 filed a suit on 27-8-1978 for permanent injunction in O. S. No. 2818/78 on the file of VII Assistant Judge, City Civil Court, Hyderabad against the Receiver, the respondent herein restraining him from interfering with his possession claiming that the dispute plot No. 3 forms part of the land of his residential house 1-7...
Adinarayana Corporation and ors. Vs. the Commercial Tax Officer, Anaka ...
Court: Andhra Pradesh
Decided on: Nov-18-1983
Reported in: [1984]56STC230(AP)
Madhava Reddy, C.J.1. In this batch of writ petitions, the main question that arises for consideration is whether the Deputy Commissioner of Commercial Taxes, Visakhapatnam, has permitted the petitioners to pay the sales tax assessed in two or more instalments within the meaning of section 16(2) of the Andhra Pradesh General Sales Tax Act (hereinafter referred to as 'the Act'), and whether, if he has granted such instalments, he can withdraw the same without issued any notice to the parties. 2. The petitioners herein are commission agents dealing in jaggery, advancing amounts to ryots for raising sugarcane crop and recovering the amounts advanced by adjusting the considerations received on sale of jaggery through their agents. It is their case that, on account of a slump in the market, they suffered huge losses and the ryots could not realise the amounts due to them and repay the amount advanced. In those circumstances, although they were assessed to pay sales tax on their turnover, th...
NaseeruddIn and Brothers Dosth Beedi Factory, Warangal Vs. Union of In ...
Court: Andhra Pradesh
Decided on: Nov-17-1983
Reported in: 1984(17)ELT233(AP)
1. Plaintiff is the appellant. He filed the suit for declaration that the adjudicatory order No. 61/69 dated August 16, 1969 marked as Ex. A-4 levying fine by the 3rd defendant and confirmed by the second defendant trial by order dated July 30, 1970 marked as Ex. A-5, as illegal and arbitrary. The trial court decreed the suit. On Appeal, it was reversed and the suit has been dismissed, against which the present appeal has been filed. 2. It is unnecessary to extract all the factual averments made in the plaint; Suffice to state that the trial court declared the Ex. A-4 order as illegal and arbitrary on the ground that it is violative of the principles of natural justice and also arbitrary. To come to the conclusion that is violative of principles of natural justice, it held that the third defendant ought to have examined one Syed Omer who has given the statement dated December 20, 1967 marked as Ex. B-11 and his non-examination is caught in the net of non-observance of the principles of...
Eashwar Vs. B. Sudershan and anr.
Court: Andhra Pradesh
Decided on: Nov-17-1983
Reported in: AIR1985AP4
1. The defendant is the appellant. The respondents filed the suit for permanent injunction restraining the appellant from making any construction or repairs or any superstructure to the premises bearing No. 4-1-156 situated at Subhash Road, Secunderabad, and also for mandatory injunction directing the defendant to dismantle and remove the construction already made by him on the premises. The trial Court decreed the suit and the appellate Court confirmed the same. Thus the Second Appeal. 2. The admitted facts are that the premises bearing No. 4-1-156 situated at Subhash Road Secunderabad was let out to the appellant and he has been continuing in possession and enjoyment thereof. On November 5, 1975, the roof portion had fallen down and as a consequence the walls also got damaged and door also has fallen. The appellant has put up the door that was fallen down and he also restored the roof to its original position. 3. The case of the respondents is that the appellant did these things with...
Bala Narasimha and ors. Vs. Gangaputra Co-operative Housing Society an ...
Court: Andhra Pradesh
Decided on: Nov-15-1983
Reported in: AIR1984AP166
ORDER1. This revision is directed against the order in I. A. No. 188 of 1982 in O. S. No. 173/82 on the file of the Additional Chief Judge, City Civil Court, Hyderabad. The lower Court dismissed the said application filed by the petitioners for impleading them as defendants in O. S. No. 175 of 1982.2. There are five petitioners in I. A. No. 188/82. The first respondent is a Co-operative Housing Society and is the plaintiff. Respondents 2 to 10 are the defendants in suit. The 1st respondent filed the suit for specific performance of an agreement of sale dated 5-11-1975 against the 1st defendant and his legal representatives. The 5th defendant who is the legal representative of the 1st defendant filed a written statement contending that originally there were certain agreements of sale executed on 2-10-1974 and 5-1-1975 but that there was no subsequent agreement of sale as alleged by the plaintiff on 5-11-1975. We are not concerned with the defence of the 1st defendant or his legal repres...
Commissioner of Income-tax, Andhra Pradesh, Hyderabad Vs. Sahney Steel ...
Court: Andhra Pradesh
Decided on: Nov-03-1983
Reported in: [1985]152ITR39(AP)
Jeevan Reddy, J.1. The Income-tax Appellate Tribunal, Hyderabad, has referred the following question for our opinion under s. 256(1) of the I.T. Act, 1961, at the instance of the Revenue : 'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the amount of Rs. 14,665 received by the assessee from the Government of Andhra Pradesh in the relevant accounting period was not liable to be included in the total income assessable for the assessment year 1974-75 ?' 2. On December 31, 1968, the Government of Andhra Pradesh in Industries Department issued G.O. Ms. No. 1225, providing certain facilities and incentives to entrepreneurs wishing to set up industries in the State with a view to speed up the Industrial development of the State. This G.O. was superseded by G.O. Ms. No. 455, Industries and Commerce Department dated May 3, 1971. The preamble to both the G.Os. is identical, and, therefore, it is sufficient if we notice ...
Ummidi Narayana Rao Vs. Election Tribunal (Principal, Subordinate Judg ...
Court: Andhra Pradesh
Decided on: Nov-02-1983
Reported in: AIR1984AP242
Upendralal Waghray, J.1. This writ petition has been referred to a Bench by Amareswari J., as there is no direct decision of this Court on the question raised, and there is conflict in some decisions of the Madras High Court and also a judgment of the Kerala High Court.2. The principal question for consideration is 'whether a person who was adjudicated an insolvent and subsequently due to his failure to apply for discharge in time, the said adjudication was annulled, is disqualified for election as a Councillor of Municipal Council in terms of Section 15 (2) (b) of the Andhra Pradesh Municipalities Act 1965?'3. The facts giving rise to this writ petition lie in a very narrow compass. The writ petitioner and the 2nd respondent were the only contestants for the election of a Councilor from a general seat of the Ninth Ward of Tuni Municipality in the election which took place on 9th Aug. 1981. After a poll, the writ petitioner was declared to have been elected. Thereafter, the 2nd respond...
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