Court : Andhra Pradesh
Decided on : Jul-07-1960
Reported in : AIR1961AP245
..... which will be o general application and courts have to guard themselves against laying down any principle which might in other cases work very great hardship.'the learned judge continued:'even in cases of two tanks in the same village the practice may differ according to the exigencies of the situation.'he also referred of passages in ..... the statute was to make more easy the establishment of rights of this description by allowing an enjoyment of twenty years, if exercised under the conditions prescribed by the act, to give, without more, a title to easements. but the statute is remedial and is neither prohibitory nor exhaustive,'in this case, it has been affirmatively established ..... the water in question was not flowing in a stream and as such the right of casement could not be acquired by reason of section 17 of the indian easements act, (2) since the plaintiffs have an alternative source of irrigation, there is no question of an easement of necessity which alone could be enforced; and (3) .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-22-1960
Reported in : AIR1961AP282
..... or may commonly be treated as, transferableare not negotiable instruments, unless there be atrade usage to that effect.'therefore i am not sure if the observations of the learned judge in alliance assurance company v. union of india -- : air1959cal563 -- to say that the principle relating to the endorsement cf a negotiable instrument as furnishing a cause ..... one railway and the damage occurs within the jurisdiction of another railway. this is covered by section 80 of the railways act. it says:'notwithstanding anything in any agreement purporting to limit the liability of the railway administration with respect to traffic while on the railway of another administration, ..... the railway for damages in a breach of contract, a cause of action to claim the damages. it may also be stated that the indian railways act while dealing with the liability of the railways as carriers speaks of the liability of the different railways where the goods are booked at the place of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-27-1960
Reported in : AIR1961AP387
..... 98/52 on the file of the said court.2. the o. p. in question was filed directly in the subordinate judge's court, guntur by the 1st respondent herein under section 18(1) of the land acquisition act (i of 1894) and under section 151, civil procedure code. the facts out of which this revision has arisen may be briefly stated ..... to the first respondent is enjoined on him by reason of section 18(1) of the act.10. in the circumstances, the remedy by filing an o. p. under the land acquisition act before the subordinate judge's court was clearly misconceived; the learned subordinate judge has no jurisdiction whatsoever to decide the points arising in the o. p. and that ..... in the property acquired by him, did not make a reference under section 18(1) of the land acquisition act.accordingly, the first respondent filed the present o. p. no. 98/52 directly in the court of the subordinate judge, guntur, praying to set aside the award made by the land acquisition officer, to declare the first respondent as .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-19-1960
Reported in : AIR1961AP355; [1962]45ITR118(AP)
..... does not present much difficulty. that the expression 'individuals' cannot merely mean individual human beings but is wide enough to comprehend indivi-duals forming a unit, is evident from the judg-ment of their lordships of the supreme court in commr. of income-tax, m. p. v. sodra dcvi, (s) : [1957]32itr615(sc) . bhagwati j., ..... index to the interpretation of item 86 in list i of the seventh schedule.22. for these reasons, we uphold the validity of section 3 of the act in its relation to hindu undivided families and the wealth tax officers are authorised to initiate proceedings in assessing the capital assets of hindu undivided families. no ..... thereupon, the assessee moved this court to remove those orders on certiorari.3. the principal contention urged on behalf of the petitioner is that section 3 of the act, which enables the revenue to tax a hindu undivided family, is beyond the legislative competence of the union parliament and, consequently, the proceedings started by the proper .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-25-1960
Reported in : AIR1961AP408
..... behalf. that being the position in law the plaintiff cannot sue the defendant as a broker for the breach of contract. the trial judge has on evidence also held no liability attaches to the 2nd defendant.he has in para 23(2) of the judgment observedthat both ..... sell is left unaccepted.there must be acceptance both of the purchase and of the price at which it is to be purchased. judged thus, even if we ignore the serious infirmities in the statement of d. w. 1 and accept it as it is, ..... be signed, and on its being signed, he passes it to the vendee. in so doing he still does no more than act as a mere intervener between the principals. he himself, considered as only a broker, has no possession of the goods, no power ..... of the parties tried together and a common judgment was rendered by the additonal subordinate judge, vijayavada. the plaintiff-seller in both the suits is a firm registered under the partnership act doing business at vijayavada in jute products. the 2nd defendant who is a broker and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-01-1960
Reported in : AIR1961AP13
..... c. g. srinivasulu naidu filed o. p. no. 76/2/56 for the grant of letters of administration under section 218 of the indian succession act in the court of the district judge, secunderabad for the property of mrs. radhahai their mother. these petitioners in o. p. no. 76/2/56 impleaded mrs. revathamma their step sister ..... abhiram dass v. gopal dass, ilr 17 cal. 48 where a divisional bench has been considering the order of a district judge admitting the respondent as a caveator under section 69 of the probate and administration act (v of 1881). therein, it is found at p. 52. 'a person disputing the right of a. deceased testator ..... munikanniah, j.1. this revision petition is directed against the order of the learned district judge, secun-derabad, who considered that rule 46 of the rules framed by the hyderabad high court under the indian succession act (act xxxix of 1925) in respect of applications for probate, letters of administration and succession certificates has become applicable, and that .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-19-1960
Reported in : AIR1961AP7; [1960]39ITR636(AP)
..... observed as follows:'the decision relates to sections 13 and 14 of the excess profits tax act, read with section 44 of the income tax act, as adapted by the central board of revenue and it is extremely unfortunate that the learned judge should have been told that the law applicable to cases of excess profits tax was the ..... based on the special features of sections 13 and 14 of the excess profits tax act, which are substantially different in relevant material aspects from the provisions of the income-tax act regarding a partnership, which was concerned in that case. the learned judge of the madras high court has himself observed as follows:'unlike the machinery provided under ..... same as that under the indian income tax act. apparently on that statement being made without protest from the respondent, the learned judge did not consider it necessary to compare the provisions of the two acts. if such a comparison is made, it will be found at once that, taken .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-13-1960
Reported in : AIR1961AP31
..... was whether the respondent could resist the appellant's suit for possession of the property though his claim for pre-emption was barred under article 10of the limitation act. the learned judge referred the matter to a bench for an authoritative pronouncement as he felt that the two sets of rulings relied on by either side in support of the ..... view.they held that where a suit for pre-emption by the defendant would be barred by limitation under article 10 of the limitation act, it could not form a valid ground of defence. the learned judges pointed out that the right of pre-emption is an inchoate right and in order to be completed it might be exercised and, ..... by the operation of section 28. except the above statement, there is no other discussion on this question nor have the learned judges considered the bearing of sections 54 and 60 of the transfer of property act on the enquiry before them. they also assumed that the right of pre-emption involved interest in the property, while in fact .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-29-1960
Reported in : AIR1961AP283
..... . the plaintiff through his next friend gave a notice to the government claiming damages for the permanent loss of his limb occasioned by the rash act of their servant. then he brought a suit before the subordinate judge, tenali, for recovery of rs. 10,000/-by way of damages.3. the government in defence pleaded that the driver was not guilty of ..... to suffer its consequences for many a long year to come. despite such findings in favour of the plaintiff, the learned subordinate judge could not help dismissing his claim for the government in law, is not liable for the tortious acts of its servants. aggrieved by this, the plaintiff has come up in appeal.5. we may at once state that the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-21-1960
Reported in : AIR1961AP477
..... are shortly as follows: on 24-1-1949, the petitioner herein filed a suit o. s. no. 82/1 of 1358 fasli in the court of the sessions judge, secunderabad against the said timmapuri and his partner for the recovery of rs. 37,864-10-8 being the amount due on the foot of khata dealings. the petitioner obtained ..... decree debt in o. s. no 32/1 of 1358 fasli dated 24th khurdad, 1358 fasli, on the file of the divisional and sessions judge, secunderabad in accordance with the provisions of the administration of evacuee property act, 1950 as unamended, and rule 22 of the rules as then in operation. the respondent will pay the petitioner rs. 100/- towards costs ..... of third parties should be considered. the leamed government pleader appearing for the custodian contends that, by virtue of section 4 of the administration of evacuee property (amendment) act, 1956 (central act 91 of 1956) which came into force on 22nd day of october, 1956, the words 'or of any amounts due to any employee of the evacuee or any .....
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