Court : Andhra Pradesh
Decided on : Feb-17-1973
Reported in : 1973CriLJ1713
..... . in cri. m. p. nos. 11863 of 1971 and 56 of 1972, d/- 24-2-' 1972 (andh pra) and contended that information of past acts alone involving breach of peace is not reasonably sufficient for proceeding under section 107, criminal p. c. in that case the preliminary order was passed by the learned magistrate on 14-8-1971. the order was passed ..... , criminal p. c. in (1967) 2 andh wr 327 : (1968 cri lj 815) (supra). kurnarayya, j. (as he then was) observed that mere acts of violence in the past would not justify action under section 107, criminal p. c. this decision of the learned judge cannot be approved either in law or on authorities which we have discussed supra.8. in all ..... p. c. in y. ramanaiah v. state. (1967) 2 andh wr 327 - (1968 cri lj 815) kumarayya, j. (as he then was) also expressed the view that mere acts of violence in the past would not justify action under section 107, criminal p. c.4. before we proceed to consider this contention it would be appropriate to notice the setting in which .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-12-1973
Reported in : [1974]33STC192(AP)
..... on the seller or the purchaser) under the sales tax law of the appropriate state if that sale had taken place inside that state.9. by the same amending act section 10 was enacted which reads:exemption from liability to pay tax in certain cases. -- (1) where any sale of goods in the course of inter-state trade or ..... classification is irrational or unreasonable. it cannot also be validly contended that the said classification based on such valid policy has no nexus with the object which section 10 of the act seeks to achieve. it must be remembered that the state has a wide discretion in matters in relation to taxes. the legislature has a wider discretion in ..... decision was that the uncertainty and the conflict of opinion which prevailed were set at rest. the result of the construction placed by the supreme court on section 9 of the act compelled the parliament to more clearly lay down its policy regarding the central sales tax. in order to lay down such policy clearly the central sales tax .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-08-1973
Reported in : AIR1974AP201
..... was no appeal. at that stage, the mortgagee decree-holder discovered that there was a mistake in the survey number. the mortgagee thereupon filed a suit under section 31 of the specific relief act for rectification of the mistake in the suit o. s. 302 of 1919. the said suit was decreed as the mention of survey number 166 was done ..... which a suit is instituted. there is a remedy by way of suit and i find nothing in the provisions of section 152 which confers upon it similar powers as are conferred by section 31, specific relief act. in my view section 152 is for the purpose of correcting errors directly involved in the proceedings themselves and not for correcting errors which are ..... c. in such cases even the documents on the basis of which the suit was filed may be amended either in a suit under section 31 of the specific relief act or in a proper case even by an application under section 152 c. p. c. provided it in a case of misdescription and not one of disputed identity. in such cases if .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-09-1973
Reported in : AIR1974AP271
..... created for the maintenance or the personal enjoyment of the grantee, ought to be made not only in alienable but unattachable.5. section 6(dd) of the transfer of property act accordingly states that 'a right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred.' that provision ..... is also based on the same principle as stated above. even for purposes of that provision a right to arrears of maintenance has been considered not to fall within the purview of the said clause .6. under section ..... ) 2 andh wr 388 held ,'the prohibition against attachment of a right to future maintenance is based on grounds of public policy. the interdiction under section 60(n), civil procedure code, being absolute to allow the government to reach the fund by means of the appointment of a receiver would be to circumvent the .....
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