Court : Andhra Pradesh
Reported in : AIR1969AP263
..... not terminate the jurisdiction of that court to execute the decree, nor render it necessary for the court to send any certificate under section 223, civil p. c. , corresponding to section 41 in the present act to the transferor court. their lordships at page 131 ruled thus:-'in our opinion the court to which a decree is sent for ..... satisfied and the transferee court had jurisdiction to proceed with the execution case. it was further held that the act of sending the certificate under section 41 of the civil p. c. was something in the nature of a judicial act and it requires the transferee court to apply it s mind judicially and pass a formal under to that ..... not due to any negligence or omission to perform this duty. (2) the expressions 'certify' and 'fails' in section 41 of the civil p. c. are not defined either in the code or under the general clauses act. the ordinary grammatical meaning given in the dictionaries would afford a safe and useful guide to construe the aforesaid expressions. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP242
..... (fb) and k. kanna reddy v. k. venkatareddy, : air1965ap274 (fb), both binding on him, dealing with the combined effect of sec. 49(c) of the registration act and section 91 of the evidence act, referred the matter to a division bench which in turn referred it to a full bench. 2. the plaintiff who is the first respondent ..... exts. b-18 and b-19 containing similar terms. all these three counterparts constitute collectively a partition deed, compulsorily registrable under section 17(1)(b) of the registration act. 22. under section 49 of the registration act, no document required, by s. 17 to be registered shall be received as evidence of any transaction affecting such property ..... cannot be done for want of registration. to admit it in evidence for the purpose sought would really amount to getting round the statutory bar imposed by section 49 of the registration act.'26. in our view there is nothing in this case which militates against the decisions in : [1959]1scr479 (supra) and : [1960]2scr253 ( .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP271; 1969CriLJ1016
..... v. d. jhingan v. state of uttar pradesh, : [1966]3scr736 , it has been observed that the mere receipt of money is sufficient to raise the presumption under section 4 (1) of the act. in the same decision, it has also been held that where burden of proof lies on an accused, he is not required to discharge the burden by leading ..... duly proved, may be used by the accused and with the permission of the court, by the prosecution , to contradict such witness in the manner provided by section 145 of the indian evidence act 1872 (1 of 1872). and when any part of such statement is so used, any part thereof may also be used in the re-examination of such ..... of the gujarat high court in valibhai omarji v. state : air1963guj145 . it has been held therein that in a case falling under section 161, i. p. c. or section 5 (1) (d) of the prevention of corruption act the offence thereunder is complete when illegal gratification is accepted by an accused person. proceeding on this hypothesis it was held that the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP371; 1969CriLJ1218
..... the said cases considered the matter with reference to a similar provision under the madras probation of offenders act, 1937 (act iii of 1937), section 12a. section 12-a was in substance similar to section 12 of the probation of offenders act (central act) and so the reasoning and the conclusion equally applies. 12. the first of the cases: r. ..... under regulation 39 (4) of the life insurance of india, staff regulations 1960. these regulations, it is said, were made under section 49 of the life insurance corporation act 1956 ( central act xxxi of 1956) and have the force of law.5. now three questions arise for our consideration in this matter:(1) whether the ..... life insurance corporation is precluded form taking appropriate action against an employee under regulation 39 (4) of the staff regulation, 1960, by reason of section 12 of the probation of offenders act, 1958. (2) if the authorities are not so precluded, whether in fact action has been taken in this case under the said regulation? .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP303
..... a third share in sishya sancharam and for the division of the book ex. b-1. it follows that a suit asking for such a relief will not fall under section 9, civil p. c. and therefore, cannot be entertained in a civil court. though the moneys, presents are perquisites acquired by sishya sancharam are the separate property ..... that the suit was for recovery of interest in immovable property within the meaning of clause 12, section 1 of act 14 of 1859 (limitation act). it was also observed by their lordships that inasmuch as the term `immovable property' is not defined by the act, it must, when the question concerns the rights of hindus, be taken to include whatever the ..... plaintiffs would not be entitled to claim a share in such sum.'36. in raghoo pandey v. kassy parey, (1884) ilr 10 cal 73 what the calcutta high court was considering was whether the provisions of the limitation act would be applicable to a suit for enforcing the right to officiate as priest at funeral ceremonies of hindus. it was .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1969CriLJ1074
..... to secure the witnesses cannot be accepted.6. the person or persons required to be called by the food inspector as per the provisions of section 10(7) of the act must be independent and disinterested mediators but not the food mistries, peons working under the food inspector or any subordinate of the department at whose ..... trivandrum v. p.n. arunachalam reddiar : air1960ker356 , a division bench of the kerala high court has observed that non.compliance of the provisions of section 10(7) of the act is serious irregularity causing prejudice to the accused. in that case the mabazar prepared by the food inspector was attested by his peon and another witness who ..... examine the evidence regarding seizure carefully and no further consequence ensues.18. in re raju konar : air1959mad118 , somasundaram, j. observed that the provisions of section 10(7) of the act are mandatory and should be complied with and when there were two or more persons available to be called as mediators in any given case and if .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1969]74ITR224(AP)
..... returns and the statements therein.41. the contention that still remains for decision is that exhibit a-1 is not an acknowledgment within the meaning of section 19 of the limitation act, 1908.42. some material particulars relating to exhibit a-1 should be noted in this context. exhibit a-1 is a copy of the balance- ..... partners by the income-tax authorities and which contains certain statements by other partners when those statements are otherwise relevant under the provisions of the evidence act. the provisions of section 26a indicate that it was not the policy of the legislature to preclude from the cognizance of the court an information regarding the aforesaid statements contained ..... do not, therefore, see any tenable basis for the objection as to the admissibility of exhibit a-1.30. moreover, as i have stated earlier, section 54 of the act does not by itself lay down any embargo on the admissibility of any income-tax return or a statement connected therewith. one has to travel to the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP423
..... , : air1965sc1937 was applied to the state of andhra pradesh in 1959, any family custom at variance with mahomedan law cannot be pleaded, by virtue of section 2 of that act, which reads: 'notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property ..... , disputed that on april 1, 1950 the assessee was not a ruling chief but an ordinary citizen of india, residing, within the meaning of section 4 of the act, in that part of india which was a part of hyderabad state...........' even after the constitution, recognition of the successor by the government of india ..... and individual sovereignty and of their states as separate political units.' subba rao, j. (as he then was) said at p. 1066: 'under section 7 of the indian independence act, 1947, the suzerainty of the british crown over the indian states lapsed, with the result that sant state became a full sovereign state.' similarly: hidayatullah .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP237
..... suryanarayana , the 1st defendant mortgagor was in arrears, and that the same may be recovered as if they were arrears of land revenue under section 46(2) of that act. in the affidavit filed for receiving this document, it is alleged that he wanted the subordinate judge to grant reasonable time to substantiate his contention ..... income-tax act of 1886 corresponding to section 46 (2) of the income-tax act, 1922, is not to convert income-tax into an arrear of land revenue, but merely to extend the procedure prescribed by the revenue recovery act to the recovery of arrears of income-tax their lordships followed the decision reported in ilr (1884) 7 mad ..... 434 relating to a sale under the revenue recovery act .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1969]71ITR277(AP)
..... . 40-17 cents in tamirisa village was brought to sale by the special deputy tahsildar, income-tax, vijaywada, under the provisions of the second schedule to the indian income-tax act of 1961. the property was purchased by the petitioner for a sum of rs. 10,200 subject to a mortgage in favour of the indian bank, gudivada. the sale was ..... no jurisdiction to set aside the sale in the absence of an application by anyone to set aside the sale. rule 56 of schedule ii to the indian income-tax act states that : 'the sale shall be by public auction to the highest bidder and shall be subject to confirmation by the tax recovery officer.'rule 60 provides for an application .....
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