Andhra Pradesh Court April 1985 Judgments
M.V. Elisabeth and ors. Vs. Harwan Investment and Trading Pvt. Ltd.
Court: Andhra Pradesh
Decided on: Apr-26-1985
Reported in: AIR1986AP184
P. Chennakesav reddy, Actg. C. J. 1. In this appeal an interesting question of importance relating to the power of the High Court to order arrest of a ship under S. 6 of the Colonial Courts of Admiralty (India Act, 1891 (for short called the 'Act') for alleged tortious acts of the owners or master of the ship is raised.2. The facts and circumstances giving rise to the question may be shortly set out: The defendants in the suit are the appellants before us. The plaintiff-Harwan Investment and Trading Private Limited, Vasco-da-gama, Goa, is the seller of bauxite. M/s. Ras Al Khaimah Agencies Company Limited, Ras Al Khaima, U.A.E., (hereinafter referred to as 'buyers') are the buyers. The first defendant is the vessel N.V. Elisabeth lying in the port and harbour at Visakhapatnam. The second defendant , M/s. Daglia Maritime Corporation carrying on business in Greece is the ship owner. The third defendant, Transworld Shipping Services (India) Private Limited, Vasco-da-gama, is the agent of ...
Tag this Judgment!Fatimunnisa Begum Vs. Mohammed ZainulabuddIn Saheb (Deceased by Lrs) a ...
Court: Andhra Pradesh
Decided on: Apr-24-1985
Reported in: AIR1986AP355
1. This Civil Misc. Second Appeal arises out of execution proceedings. The question pertains to limitation. Both the Courts have held that the Execution Petition is time barred. The decree-holder is the petitioner.2. A few dates are relevant. The decree is dated 2-8-58. The Execution Petition is filed on 7-7-72. The contention of the decree-holder was that the decree was executable only on production of succession certificate and since the succession certificate was produced on 20-7-1980 (sic) limitation starts from that date as the decree became executable on that and not from 28-8-1958 when the judgment was delivered and decree was passed. The trial Court rejected this contention and the same was affirmed by the Appellate Court. The second point argued on behalf of the decree-holder was that since the decree dt. 28-8-1958 was amended on 6-1-1961, limitation starts from 6-1-61 and not from the date of the decree. The contention was also rejected by both the Courts.3. Mr. N. Rajeswara ...
Tag this Judgment!Hyderabad Race Club Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Apr-22-1985
Reported in: [1985]153ITR521(AP)
Anjaneyulu, J. 1. These there references arise under the I.T. Act, 1961 ('the Act' for short). the reference are made by the Income-tax Appellate Tribunal at the instance of the Hyderabad Race Club, hereinafter referred to as 'the assessee'. R.C. No. 107 of 1978 relates to the income-tax assessment years 1971-72, 1972-73 and 1973-74. R.C. No. 187 of 1982 relates to the income-tax assessment years 1974-75 and 1975-76 while R.C. No. 291 of 1982 relates to the income-tax assessment year 1976-77. The following questions of law are referred to this court under s. 256(1) of the Act : R.C. No. 107 of 1978 : '1. Whether the income of the assessee, a society registered under the societies Registration Act, for the assessment year 1971-72 is not exempt under section 11 of the Income-tax Act, 1961 2. Whether the income of the assessee, a company registered under the companies Act, 1956, and licensed under section 25 of the said Act by the Central government for the assessment years 1972-73 and ...
Tag this Judgment!GhiasuddIn Babu Khan Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Apr-22-1985
Reported in: [1985]153ITR707(AP)
Jeevan Reddy, J. 1. (R.C. No. 108 of 1977) The Income-tax Appellate Tribunal, Hyderabad, referred the following question for the opinion of this court, under s. 256(2) of the I.T. Act : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the property situated at Abid Road, Hyderabad, standing in the name of the wife of late Sri A. K. Babu Khan can be included in the assessment of late Sri. A. K. Babu Khan, which was given away by him to his wife in satisfaction of dower (Meher) debt in the year 1928 ?' 2. Late Babu Khan married Smt. Shahzadi Begum in or about 1927. In 1928, he transferred the property concerned herein to his wife in lieu of the deferred dower. Babu khan died in October, 1968. For the assessment years 1967-68, 1968-69 and 1969-70, a question arose in the assessment proceedings under the I.T. Act, whether the income from the said property should be included in the income of Babu Khan. The assessee's contention was that,...
Tag this Judgment!Pannabai Vs. Commissioner of Income-tax
Court: Andhra Pradesh
Decided on: Apr-22-1985
Reported in: [1985]153ITR608(AP)
Obul Reddi, C.J. 1. The question that arises for our determination is whether the share income derived by the assessee from a partnership firm can be taxed fully in her hands as representing a body of persons or only 1/7th of the share income which represents her share alone in the share income. 2. The relevant facts are these : One Karodimal was a partner in the firm of M/s. Mysore Khandasari Sugar Mills, Mukthiargunj, Hyderabad. He had 30% share in that firm. He died intestate on May 16, 1968, leaving behind him his wife and six minor children. His wife, Smt. Pannabai, the assessee herein, entered into a partnership agreement with the other partners to continue the business of the firm and she was allotted the same 30% share which her husband held in that firm. Some other changes were also made in the constitution of the firm and that is evidenced by a new partnership deed dated May 24, 1968. In the deed, it was mentioned that, after the death of Karodimal, it was decided to continue...
Tag this Judgment!United India Fire and General Insurance Co. Ltd. (Now United India Ins ...
Court: Andhra Pradesh
Decided on: Apr-19-1985
Reported in: [1987]62CompCas330(AP)
K. Ramaswamy, J. 1. This appeal raises important questions of law. Before elaboration thereof, it is necessary to state the facts in brief. The driver of the vehicle, APP 7342, one P. Subbarao, while driving the vehicle hit against a standing tree at Madiki, on March 7, 1978, at 5.30 p.m. and died. His dependence laid the claim under section 110-A of the Motor Vehicles Act, 1939, for short, 'the Act', for a sum of Rs. 25,000. The Tribunal below awarded a sum of Rs. 18,000 against which the insurance company is resisting the claim and has filed this appeal. 2. It is contended for the appellant that the respondents preferred their claims before the Commissioner for Workmen's Compensation, Eluru, and, therefore, by operation of section 110-AA of the Act, the petition under section 110-A is not maintainable. It is also further contended that the negligence on the part of the driver as a result of which the accident took place has not been proved. Proof of negligence is a condition preceden...
Tag this Judgment!Government of Andhra Pradesh and ors. Vs. Dasari Subbayamma and anr.
Court: Andhra Pradesh
Decided on: Apr-19-1985
Reported in: AIR1986AP154
Jeevan Reddy, J. 1. The short but important question in this Writ Appeal is, whether the 1st respondent, Smt. Dasari Subbayamma, belonging to Gowda caste (a backward class notified by the Government of Andhra Pradesh) becomes a member of a scheduled tribe 'Goudu' (notified as a Scheduled Tribe under Art. 342 of the Construction) by virtue of residing in an agency tract. If she is a member of scheduled tribe as held by the learned single Judge, this appeal by the Government must be dismissed, if she is not, it must be succeed. The matter arises under the Andhra Pradesh Scheduled Areas Land Transfer Regulations, 1959. The facts are clearly and elaborately stated in the order of the learned single Judge, and we shall state them only in so far as they are relevant for he question at issue.2. The 1st respondent (writ petitioner) is a resident of L.N.D. Peta village in Polavaram Taluk, in West Godavari District. The village is situated in an Agency Tract. She purchased a land from a member o...
Tag this Judgment!Parre Prasad Rao Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Apr-19-1985
Reported in: 1985CriLJ1930
ORDERRama Rao, J.1. The Petitioner accused is convicted under Section 5 of the Telegraph Wires (Unlawful Possession) Act, 1950 and sentenced to suffer R.I. for two years and on appeal confirmed by the Sessions Court.2. The Station House Officer, Ongole Taluk Police Station, filed a charge sheet against the accused stating that, on 24-4-1981, 27-3-1981 and 12-5-1981 there were thefts of conductor cable wire used for telephone lines near Maddiralapadu village and that P.Ws. 1 and 2 gave complaints about the said thefts. The complaints were registered and investigation was taken up. On investigation and verification the accused was found in the possession of telephone wires and such wire is not available in the local market. Thereupon the accused was chargesheeted for the offence under Section 5 of the Telegraph Wires (Unlawful Possession) Act, (hereinafter referred to as 'the Act'). On the basis of the evidence adduced by the prosecution, the learned Magistrate arrived at the finding tha...
Tag this Judgment!C.H. Jagdeshwar Vs. S. Rajaiah and anr.
Court: Andhra Pradesh
Decided on: Apr-18-1985
Reported in: [1987]62CompCas32(AP)
1. The first appellant is the owner of the lorry APJ 3619 and the second appellant is the insurance company. On June 22, 1979, when the lorry APT 9569 was stationed at Bhiknoor, the driver of the lorry of the first appellant hit the lorry APT 9569 as a result of which extensive damage was done to it. Therefore, the first respondent laid claim in two parts. The first part consists of the loss suffered during the period of repairs, viz., from June 22, 1979, to August 27, 1979, at the rate of Rs. 250 per day and a total sum of Rs. 16,500 was claimed. On the second count, he claimed a sum of Rs. 34,350 for effecting repairs to the lorry APT 9569. The Tribunal below that the first respondent is entitled to damages for non-user of the vehicle during the said period at the rate of Rs. 50 per day and awarded Rs. 3,300 towards the loss caused and with regard to the second count, the Tribunal below allowed the entire claim of Rs. 34,350. As against this award, the present appeal has been filed. ...
Tag this Judgment!Pedda Yerrappagari Venkataramana Reddy and anr. Vs. District Collector ...
Court: Andhra Pradesh
Decided on: Apr-18-1985
Reported in: AIR1986AP162
ORDER1. In this Writ Petition the mother and son question the proposal made by the District Collector, Chittoor to acquire an extent of Ac. 0.56 cents of their land situated in Survey No. 467 of Bayyappagaripalla, Chittoor District. In the above Survey No. 467, the petitioners lands to an extent of Acs. 1-50 cents had been acquired once before in the year 1973 for the same purpose of providing house sites to the weaker sections. Now, once again, by the present proposals, the petitioners' land to an extent of Ac. 0-56 cents situated in the same Survey Number is sought to be acquired for providing house sites to the weaker sections. For the above purpose, the District Collector, Chittoor, had published Sec. 4 (1) notification in the District Gazette on 1310-1980 and according to the counter-affidavit filed by the Land Acquisition Officer, the substance of that notification under Sec. 4 (1) was published on 23-12-1980. Even before making of local publication and along with Sec. 4 (1) noti...
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