Court : Andhra Pradesh
Reported in : AIR1968AP291
..... for declaration and injunction or in the alternative for recovery of possession on the ground that the gift was invalid being hit by section 123 of the transfer of property act and section 17 of the registration act. it was held:'the transaction entered into by the parties was neither a sale, nor a lease nor an exchange, nor a ..... her father. the lower court applied the doctrine of part-performance against the plaintiff. it was argued for the appellant that the doctrine did not apply because section 53-a, transfer of property act, requires two things, namely, (a) a contract, to transfer for consideration and (b) a writing evidencing the contract indicating with reasonable certainty the ..... made at the time of marriage to his sister by his father of a small portion of the joint family property was invalid because of section 123 of the transfer of property act. the district judge did not agree with this approach. he was of the opinion that the plaintiff should not have been allowed to succeed .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1968AP344
..... an element of skill in it. that is perfectly true, but, unfortunately, it is not the point which arises on the construction of the act. section 13, which is the important section, says that nothing in this act shall be held to apply to any same of mere skill wherever played. 'mere skill means pure skill, skill and nothing else. it is ..... common gaming-house for his profit, and that the petitioners in criminal revision case no. 697 were found playing 'rummy for stakes the petitioner cannot seek shelter under section 11 of the act inasmuch as the game of 'rummy' which was being played, is not a game of mere skill, that is, pure skill. consequently the convictions and sentences in ..... for stakes in a common gaming-house, would come within the purview of the penal provisions of the act,12. we will now refer to some of the illustrative cases cited at the bar. in an early english case in jenks v. turpin, (1884) 13 qbe) 505 in considering the question whether the game of 'baccarat' is a game within .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP281; 1969CriLJ1025
..... committed in, or in relation to, such proceedings.6. bhide, j., in the lahore high court in sundar singh v. emperor, air 1930 lah 945 opined:'a magistrate acting under section 167 cr. p. c. has to weigh evidence to decide whether the prisoner would be detained in custody or not. weighting of such evidence is essentially a judicial function ..... find any gun shot injury on the body of the deceased subba reddy, and in the opinion of the medical officer, the deceased subba reddy died due to an explosion of a country bomb and not due to any gun shot injury. the c. i. d. police made an elaborate investigation and being satisfied that the second ..... court' and 'judicial proceedings'. the question that cropped up in that case was whether the returning officer possessed the attributes of a 'court' while acting under section 36(2), representation of the people act. it was observed:'it may be stated broadly that what distinguishes a court from a quasi-judicial tribunal is that it is charged with a duty .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP84; [1967]66ITR303(AP)
..... the only question that is argued before us, and which arises for consideration is, what is the meaning of the word 'plant' in section 10 (2) (vi-b) of the act. 4. section 10 of the act provides that tax shall be payable on profits and gains of an assessee under the head 'profits and gains of business, profession or ..... . but that is not decisive of the question whether the sanitary fittings and pipe-line fittings constitute 'plant' within the meaning of section 10(2) (vi-b), read with section 10 (5) of the act. further, even granting for the sake of argument that sanitary fittings and pipe-line fittings also fall within the meaning of 'furniture and ..... 1,370/- for pipe-line fittings. on both these items, the assessee claimed development rebate before the income-tax officer under section 10 (2) (vi-b) of the indian income-tax act, 1922, (hereinafter referred to as the act ) the income-tax officer held that they did not come within the definition of 'plant' and 'machinery' and disallowed the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1968]69ITR560(AP)
..... it is clear that under clause (e) such persons are only entitled to what is termed as compensation determined according to the provisions of section 24 to 37, section 54a and section 54b of the act. in this context he brings to our notice the amendment effected in madras in 1956, giving retrospective effect to that amendment. by virtue ..... for the period during which the compensation was not paid to them. this conclusion derives further support from the expression 'total compensation' used in section 37 of the abolition act. that section very clearly lays down that the total compensation which a landholder and other persons will be entitled to, will be a multiple of the annual basic ..... the basic annual sum. the manner in which the basic annual sum for the zamindari estate has to be determined is laid down in sections 27 to 30 of the abolition act. section 31 to 35 provide for the determination of basic annual sum for inam estates. the determination of the basic annual sum for under-tenure .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP68
..... chatur bhuj chunnilal v. election tribunal, kanpur. : air1958all809 the allahabad high court after exhaustive discussion on the subject held that sub-clause (b) of section 82 of the act must be interpreted as covering cases where a candidate is alleged to have committed a corrupt practice at any time even though he may have ceased to participate ..... candidate, he cannot be regarded as a candidate. stress is laid on the words 'began to hold himself out' used in sec. 79(b) of the representation of the people act. that section defines candidate in the following terms:'candidate means a person who has been or claims to have been dully nominated as a candidate ..... of the amendment, not only giving but also receiving (bribe) is equally an offence and is a corrupt practice, within the meaning of section 123 of the representation of the people act. thus it is manifest that there are allegations of corrupt practices against punnaiah sastri in the election petition, as it stood before the amendment .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP29
..... of the allegations. the deputy magistrate recorded his opinion and no further action was taken. it may be observed that no notice was issued to the plaintiffs under section 107 or sec. 112, cr. p. c., and they were not asked to show cause against the proposed action. in these circumstances, the bench held that whatever other ..... mentioned that the question which the courts below were called upon to determine was whether the defendant honestly believed the case which he laid before the magistrate and whether he acted with ill-will, hatred or spite.7. the two other ingredients, viz., 'want of reasonable and probable cause' and 'malice' are not susceptible of precise definition ..... fact or whether these are finding which can be canvassed in second appeal, it is necessary to examine what the evidence is upon which the courts below have acted and whether that evidence is sufficient to establish malice and whether it was only an inference drawn by the courts from certain facts. in this case, there .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP399
..... is not carrying on business, much less a business of selling, buying, supplying or distributing goods directly or otherwise. the word 'business' has been defined by the amendment act vii of 1966 in section 2 (bbb) as - (i) any trade, commerce, or manufacture or any adventure or concern in the nature of trade, commerce or manufacture whether or not such trade ..... this stand. as long ago as in 1883 a full bench of 5 judges of the madras high court in reference from the board of revenue under section 46 of the indian stamp act, 1879 (1883) ilr 7 mad 209 held that a contract stipulating that the executive engineer for the time being retain 10 per cent on the value ..... the vendor was to have the responsibility did not in any way detract from the charter of the agreement. referring to the definition of immoveable property in section 3(25) of the general clauses act sulaiman ag. c. j. observed at page 393:'but here there was no idea of conferring a right on the purchaser to retain possession of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1968AP336
..... have to be examined at some length.12. it is as well that a reference is made to the relevant provisions of the transfer of property act (hereinafter called the act). section 60 of the act provides that at any time after the principal money has become due, the mortgagor has a right, on payment or tender of the mortgage money, ..... res judicata. the judicial committee repelled that contention, holding that the decree of 1896, properly construed, did not extinguish the right to redeem and consequently, by section 60 of the act that right still existed, and that the right was not barred by res judicata because the former suit related to the right at a different date.the ..... should be followed or not. venkatarama ayyar, j. (as he then was), referred to the decision in sami v. somasundaram, (1883) ilr 6 mad 119, periandi v angappa, (1884) 7 mad 423; karuthasami v. jaganatha,(1885) ilr 8 mad 478; and ramunni v. brahma dattan, (1892) ilr 15 mad 366, all of which were suits for redemption of mortgages .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1969)ILLJ16AP
..... leave into cash.15. in support of this writ petition the learned advocate for the employers contended that the labour court, exercising its power under section 33c(2) of the act, acts as an executing: court, but while in executing the award the labour court has the undoubted power to construe and interpret the award, in the ..... it cannot be contended, and it was not contended before me, that the labour court had no power or jurisdiction to interpret the award, acting under section 33c(2) of the act and implement its terms. once that is conceded, all that this court is concerned with in a proceeding under article 226 of the constitution is ..... 2 herein, m. narayanaswami (hereinafter referred to as the employee) represented by the president of the andhra scientific company employees' union, masulipatam, under section 33c(2) of the industrial disputes act, 1947. the material facts may be briefly stated. the employee was employed by the employers as a stenographer at the madras branch in the year .....
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