Court : Andhra Pradesh
Reported in : AIR1961AP505
..... died on 14th november, 1949.the 1st defendant lakshamma claimed to be entitled to the suit properties as the heir of of ramaswami by virtue of act xviii of 1937 read with the amending act of 1946. it is stated that ramaswami just on the day he expired, during the early hours of the morning (for he died late in the ..... by the terms of the grant applicable thereto descends of a single heir or to any property to which the indian succession act, 1923, applies.'5. under this provision where a hindu governed by any school of hindu law other than the dayabhaga school dies intestate leaving separate property, his widow, and if there is more than one widow, all his ..... son of ramaswami. the appellant lays claim to the properties by virtue of the hindu women's rights to property act, act xviii of 1937. this act was passed to amend the hindu law to give better rights to women in respect of property. section 3(1) of the act relates to the devolution of property and it reads as follows:--'3(1). when .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(4)ALD759; 2008(5)ALT104
..... and ors. v. rasala venkateswara rao and ors. : air1992ap234 , wherein it was held thus:in conclusion we hold that by virtue of section 16 of the hindu marriage act, as amended in 1976, the illegitimate son can be equated with his natural sons and treated as coparceners for the properties held by the fate whether the property be originally joint ..... and daughters are placed as class 1 heirs but a grandson, so long as father is alive, has not been included. section 19 of the act provides that in the event of succession by two or more heirs, they will take the property per capita and not per stripes, as also tenants-in-common and not as joint tenants ..... singh v. puran and ors. : air2008sc1490 , wherein it was held thus:section 6 of the act, as it stood at the relevant time, provided for devolution of interest in the coparcenary property. section 8 lays down the general rules of succession that the property of a male dying intestate devolves according to the provisions of the chapter as specified .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(4)ALT194
..... workmen [see bombay union of journalists v. 'the hindu' : (1961)iillj436sc ]. of course, where the dispute concerns the body of the workers as a whole or to a section thereof, it is an industrial dispute. it is precisely for this reason that section 2-a was inserted by amendment act 35 of 1965. it says 'where any employer ..... supra, it was held:'it is then submitted that the appellant enjoyed a legitimate expectation of being confirmed on the expiry of two years of probation and on successfully completing the qualifying tests and training undergone by him. we are not impressed by that contention. it was open to the state government to consider the entire ..... at the sole discretion of the management.(b) you may be offered employment in the company at its sole discretion as a probationary worker (8.1) on successful completion of your training depending upon the availability of vacancies. mere completion of training will not confer any right of employment as a probationary worker or otherwise.(c) .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1955AP97
..... his debt) must pay it. or it must be paid by him who inherits the estate. (for) the liability for the debts goes together with the right of succession'.this passage clearly lays down the principle that a person inheriting the estate of another takes it subject to the debts of the latter. now does the fact that the ..... reversioners, originally filed the suit for a declaration that the said transactions were not binding on them, but as the second defendant died pendente lite, the plaint was amended asking for possession.(3) the first defendant contended that venkatasubbaiah himself sold item 6 to the secod defendant and that subbarao had no title and did not die possessed ..... of her liability of discharge the debt out of the estate inherited by her. in the case of a widow succeeding to her husband's interest under the hindu women's rights to property act, venkatarammana rao j., in -- 'saradamabl v. subbarama iyer', air 1942 mad 212 (a), held that a creditor is entitled to the same remedy against .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(3)ALT425
..... 3740/74 and after enquiry he allowed the petition filed by the respondents herein and ordered that the protected tenant be continued on land and also granted succession under section 40 of the act in favour of the heirs of the deceased protected tenant. aggrieved by the above order, the landlord preferred an appeal to the joint collector, medak district ..... is made in good faith to the satisfaction of the tahsildar ; orprovided further that where the land is cultivated jointly by joint tenants or members of an undivided hindu family, unless the surrender is made by all of them, it shall be ineffective in respect of such joint tenants as have not joined in the application for surrender ..... on a ground specified in sub-section (2)'7. it is noteworthy that the proviso is added by an amendment to the act in the year 1954 and it came into force on 4-2-1954. prior to the amendment the protected tenant could have even surrendered his rights orally and by putting the landlord in possession but the same .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1963]48ITR992(AP)
..... , but in the following cases, namely :(i) where the property is held under trust or other legal obligation created before the commencement of the indian income-tax (amendment) act, 1953 (xxv of 1953), and the income therefrom is applied to such purposes without the taxable territories; and(ii) where the property is held under trust or ..... amendment) act (xxv of 1953), which is deemed to have come into force on 1st april, 1952. the assessments for the two years in question, i.e., 1952-53 and 1953-54 are governed by the amended provision, which is above extracted.section 3 of the act is the charging section. it provides that income-tax shall be levied on individual, hindu ..... it is elementary that in cases where an assessee claims exemption, the onus is on him to make good the claim.in order to successfully claim exemption under section 4(3)(i) of the act, the assessee must show that the following conditions are satisfied :(1) that the property from which the income is derived is impressed with .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1962AP29
..... that the hindu law of inheritance (amendment) act (ii of 1929) altered the order in which certain heirs of a hindu male dying intestate are entitled to succeed to his estate, and it was only pursuant to that act, that the plaintiff's mother, a step-sister of the late bhaskararao, became entitled to rank in the order of succession next after a ..... (1) this appeal is against the judgement and decree of the court of the subordinate judge, amalapuram, in o. s. no. 44 of 1953, and relates to the succession to the immovable properties of late kesapragada bhaskararao, a brahmin karnam, who died on the 29th november, 1903, without issue, but leaving a widow.(2) the suit was instituted ..... year and that the rule would apply to males and females, to the act of adoption as well as to an authority empowering the widow to make an adoption, and that if the person is below the age of majority recognised and established by hindu law, the adoption will be invalid.(37) the learned advocate for the appellant .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1972]85ITR201(AP)
..... devi's case.30. the further submission of the counsel for the assessees that there would not have been any necessity for the amendment of section 4(1) in the year 1964 by the wealth-tax (amendment) act, 1964 (46 of 1964), if the construction sought to be placed by the revenue is correct, merits rejection. it is felt ..... rs. 7,500 respectively, was included in the assessments for the assessment years 1959-60 and 1960-61.8. the appeals to the appellate assistant commissioner were not successful. on further appeals to the tribunal, the plea of the assessees that their leasehold right in respect of the mines to win mica does not constitute an asset within ..... tax and sections 3 and 4 which deal with the computation of net wealth. section 3 charges the net wealth on the corresponding valuation date of every individual, hindu undivided family and company to wealth-tax at the rate or rates specified in the schedule. the net wealth should be valued as on the corresponding valuation date pertaining .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2012(5)ALD650
..... only those children of the founder/founder member, who are in agnatic line of succession, are eligible for appointment as trustees. it is very relevant to note at this stage that this provision was introduced by the amendment act no.33 of 2007 with effect from 03.01.2008. the said provision ..... that kamisetti sundara ramaiah setty choultry and sri mahalakshmamma temple are registered religious institutions under the provisions of a.p. charitable and hindu religious institutions and endowments act, 1987 (for brevity the act). the temple was constructed by late kamisetti onnuri setty and the choultry was constructed by late sundara ramaiah, s/o. ..... , it is necessary to notice the relevant statutory position governing the issue. until the enactment of act no.30 of 1987, hereditary rights were recognised under the a.p. charitable and hindu religious institutions and endowments act, 1966 for appointment of trustees of religious and charitable institutions. the hereditary rights were taken away .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP15
..... was therefore, not possible for the widow to institute a suit under the traditional hindu law or under the contract for enhancement of the amounts thus fixed. 8. what was, however, successfully contended in the courts below was that, under s. 25 of the act, a suit seeking enhancement of the maintenance under an agreement can lie. the ..... not. 10. in this connection, it must be remembered that chapter iii of the act codifies the law of maintenance applicable to hindus. it is clear from the preamble to the act that the act is intended not merely to amend but also 'to amend and codify the law relating to maintenance among hindus' the object of such codification is that ..... , on any matter specifically dealt with by the act, such law would be sought for in the codified enactment itself .....
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