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 : 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-27-1960
Reported in : AIR1961AP46
..... tucker, l. j.. in russell v. duck of norfolk, 1949-1 all er 109: 'there are no words which are of universal application to every kind of inquiry and every kind of domestic tribunal. the requirements of natural justice must depend on the circumstances of the case, the nature of the enquiry, the rules under which the ..... tribunal to follow the procedure known to the courts of law. whether in a particular1 case the principles of natural justice have been complied with or not must be judged in the light of the constitution of the authority, its statutory powers or rules, if any, prescribed for the conduct of the enquiries (vide local government v. ..... even on the assumption that there was enquiry whereat the petitioner was called upon to give his explanation inasmuch as the mal-practice committee and the concerned authorities have acted only upon the identity in the answers of the two students which cannot be regarded as evidence, much less legal or proper evidence, the entire proceedings are .....
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 : Feb-09-1960
Reported in : AIR1961AP37
..... judgment of the court held:'there is no doubt that any direct pecuniary interest however small, in the subject of enquiry, does disqualify a person from acting as a judge in the matter; and if by any possibility these gentlemen, though mere trustees, could have been liable to costs, or to other pecuniary loss or ..... to cross-examine the witnesses, to give evidence in person and to have such witnesses called, as he may wish, provided that the officer conducting the inquiry may, for special and sufficient reason to be recorded in writing, refuse to call a witness. the proceedings shall contain a sufficient record of the evidence ..... written statement in defence of the above charges to reach the undersigned by 12 noon on the 23rd september 1959. the undermentioned witnesses and documents will be examined by the inquiry committee in connection with the above mentioned charges. charge (i) & (ii) : witnesses sri abdul rahman s. o. fazulla hussaln ' ' azeez baig ' ' mohd. zafar ' ' sathyanarayana .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-08-1960
Reported in : AIR1961AP105; 1961CriLJ356
..... 493 cr. p. c. the public prosecutor may appear and plead without any written authority before any court in which any case of which he has charge is under inquiry, trial or appeal. if, therefore, the cr. p. c. does not require a public prosecutor to file any memo of appearance, the mere filing of such a ..... itself dictate him to reject the proffered brief for the other side. the question of propriety cannot depend upon the confidential communication; he is the best person to judge in what circumstances he should appear against the accused and in doing so, always he must interpret any particular situation against himself and against his interests for the ..... before concluding, their lordships must express their complete assent to the observations of the learned judges of the high court on the impropriety of a legal practitioner who has acted for one party in a dispute, such as there was in this case, acting for the other party in subsequent litigation between them relating to or arising out of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-22-1960
Reported in : AIR1961AP123
..... sufferers could not confer any rights which were enforceable in a court of law and the propriety of the decision of the darkhast authority acting within its powers could not be questioned by a civil court. the learned judge has referred to the decisions of the madras high court which have established this proposition. 11. there is another ruling of this court ..... madras, : air1959sc694 . it was ruled by their lordships that the instructions issued by the government from time to time under section 43-a of the motor vehicles act, 1939 (as amended by the amendment act xx of 1948), were in the nature of administrative directions and not rules of law affecting the rights of parties. this judgment also furnishes an answer to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-25-1960
Reported in : AIR1961AP183
..... his sons, with this reasonable restriction that the business shall not be absolutely speculative and risky. the learned counsel has also impugnedthe finding of the subordinate judge that the motor car business embarked on by the 1st defendant was undoubtedly a risky business.22. we shall now proceed to appraise thesecontentions having regard to ..... relief against a part of the hypotheca. in the said circumstances the mortgagee has preferred the appeal.8. the grounds of impugning the judgment of the subordinate judge are two-fold: firstly, that the 2nd defendant, who is the purchaser in execution proceedings subject to the hypotheca is precluded from contending that the mortgage ..... of immorality but there must he proof of direct connection between the debt or the expenditure and the acts of immorality .....' it is unnecessary for the alieneeor the creditors to show that there had been a proper inquiry or that the money had been borrowed for necessity.'we accept the above as a correct statement .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-08-1960
Reported in : AIR1961AP159
..... satisfaction granted leave to the minors to refer the matter to arbitration. the matter alone was referred to the arbitration on 24-9-1945. the award after due inquiry was made on 21-11-1945 by the arbitrator and it was filed into court on 22-11-1945. the 21st defendant, the brother of the present plaintiff ..... provided there is substantial compliance with the rules readi as a whole and provided no prejudice ensues; and when the legislature does not itself state which is which judges must determine the matter and, exercising a nice discrimination, sort out one class from the other along broad based commonsense lines.....' it was held that there was ..... agree to accept it that may be recorded as a compromise under order 23, rule 3 c. p. c. the learned judges observed:- '.....the arbitration award obtained otherwise than in proceedings taken in accordance with the act cannot without more be recognised as a compromise or adjustment of the suit; [hat no decree can be passed thereon under .....
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 .....
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