Court : Andhra Pradesh
Decided on : Feb-17-1967
Reported in : AIR1969AP362
..... 115, civil p. c., in this case.25. i must however observe that the learned subordinate judge was not correct in generalising the issue and widening the scope of either the inquiry or the evidence or even while determining the question. the next friend may have referred to the ..... suit should be appointed for him and that if he is found not to be a minor, the guardian appointed for the inquiry indicated by section 443 should case to act, the defendant conducting his own case.'18. to the same effect is ramgobind v. sital singh, air 1926 pat 489 ..... he is a minor as not being a minor and thereby to ignore the general principle that a minor cannot act for himself, but to indicate that a finding that he is really a minor is necessary to the appointment of a guardian for ..... the suit and to act on his behalf in the conduct of the case. no sufficient reason appears from the letter of reference for trying the question .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-02-1967
Reported in : AIR1969AP325
..... s creation are those that are referred to as human beings. the facts of this case really prove the truth of that statement.8. the learned subordinate judge on those findings passed a decree restraining those findings passed a decree restraining the defendant by means of a permanent injunction from destroying the unlicensed dogs by ..... hope, the municipality not having devised any humane method for catching stray dogs. then the trial court pointed out that neither s. 241 of the district municipalities act not the notice issued by the municipality which gave rise to the suit indicated the method of killing and that therefore, the section and the notice cannot ..... the guntur municipality represented by its commissioner and special officer for a declaration that the notice dated 14-3-1961 under section 241 of the district municipalities act issued by the defendant to the effect that the unlicensed dogs straying within the guntur municipal limits would be destroyed from 1-4-1961 is void, illegal .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-06-1967
Reported in : AIR1968AP311
..... the eviction of a cultivating tenant, shall, on application by the landlord or the cultivating tenant, as the case may be, be decided by the tahsildar after making an inquiry in the manner prescribed. (2) against any order passed by the tahsildar under sub-section (1) an appeal shall lie to the revenue divisional officer, within thirty days ..... widespread calamities such as cyclone, draught or flood etc., which again has to be granted by the tahsildar only on proper application by the tenant and after due inquiry in the prescribed manner. section 9 fixes interest on arrears of rent and section 10 fixes the minimum period of lease and the form in which it should be ..... kumarayya, j.1. the short point that falls for determination in this revision petition, filed under section 25 of the small cause courts act against the orders of the subordinate judge. kavali is whether the court below had power and on a plea being raised was bound to decide as to the rent being excessive or above the statutory .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-14-1967
Reported in : [1970]78ITR364(AP)
..... to the assumption in the sections quoted of community when, two spouses live together and when usually each would get the benefit of the income of each without inquiry into the source. so far as the constitution of the united states is concerned the legislature has power to determine what the consequences of marriage shall be, ..... in the opinion of the court, is more reasonable, unless it is convinced that the method adopted is capricious, fanciful, arbitrary or clearly unjust.' 52. the same learned judge, speaking for the court, in gopal narain v. state of uttar pradesh, stated:'but in the application of the principles, the courts, in view of the inherent complexity ..... that the respondent was empowered to reopen the assessment under section 16 of the act. regarding the main question under article 14 turning on the interpretation of section 4(ii) of the act, it was held by the learned judge that different kinds of property may be subject to different rates of taxation, but so long as there .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-12-1967
Reported in : AIR1969AP215
..... directed the return of the plaint instead of the petition for leave to sue in forma pauperis.3. mr. ramanujachari for the defendant-petitioner contends that the learned district judge should not have granted permission to the plaintiff to sue in forma pauperis as she was a mere endorsee for collection and therefore, had no beneficial interest whatever in ..... the balance was only rs. 2,055.20 and as a suit for recovering that amount was within the competence of the district munsif's court, the learned district judge directed that the plaint should be returned for presentation to the munsif's court. he allowed the petition for permission to sue in forma pauperis in so far as ..... that the endorsement for collection did not vest any cause of action in the endorsee and that the suit was not competent at her instance.2. the learned district judge held that, so far as the promissory note dated 21-9-1959 is concerned, the suit is clearly barred by limitation and leave could not, therefore, be granted .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-05-1967
Reported in : AIR1968AP353
..... appellate court under order 41, rule 21, c.p.c., have not mutatis mutandis been made applicable to the revisions filed under section 91 of the act, the learned judge rejected the contention based upon rule 41-b of the appellate side rules. andhra pradesh, on the ground that those rules are referable only to revisions filed ..... or annulling the decision or order appealed against and there is no specific provision enabling the appellate authority to remit the matter to the original authority for making an inquiry afresh. we do not think that the absence of such provision disables the appellate authority from sending the matter back to the officer that passed the order. ..... authority finds that the procedure prescribed by a provision of law has been violated by an officer he has either to allow the appeal without directing any fresh inquiry or dismiss the appeal, if the argument of the appellant's counsel were to prevail and this cannot be regarded as a satisfactory state of affairs. we, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-23-1967
Reported in : AIR1969AP368
..... it is upon these findings that the trial court dismissed the suit.5. dissatisfied with that judgment, the plaintiffs carried the matter in appeal to the subordinate judge's court, narsapur. before the appeal was filed, the defendant in view of the findings given in his favour by the trial court, closed the bode ..... defendant threatens to dispossess the plaintiff or otherwise causes injury or loss to the plaintiff.the court may by order grant a temporary injunction to restrain such act or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale removal or disposition of the property or dispossessing or ..... established that in cases where the facts are already established and the injury is real and the plaintiff acts promptly upon his acquired knowledge of the defendant's acts, a preliminary mandatory injunction may be granted although the act complied of was fully completed before the suit on the appeal was actually filed or preferred. nevertheless .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-20-1967
Reported in : AIR1969AP271; 1969CriLJ1016
..... thereof. whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose (save as hereinafter provided) at any inquiry or trial in respect of any offence under investigation at the time when such statement was made: provided that when any witness is called for the prosecution in such ..... urged that the provisions of sections 162, cr. p.c. demand a different interpretation with reference to the provisions of the said act. 15. as a result of foregoing discussion, we hold that the trial judge was not justified in drawing an inference against the accused with reference to his failure to offer an explanation to the investigating officer. ..... inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused and with .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-27-1967
Reported in : AIR1969AP148
..... i am inclined to hold that such a statement falls within the purview of section 145 of the evidence act. i do not therefore agree with the learned chief judge that the defendants could not put questions under section 145 with reference to those previous statements of p. w. ..... statement which though not in the hands of the witness himself, yet it is a statement which has been reduced into writing by the judge of the small cause court. such a statement therefore can be put to the witness under section 145 for the purpose of contradicting ..... court of small causes for recovery of a certain amount. the trial of the said suit had an unfortunate and chequered career. the chief judge, who tried the case first, was transferred before the case was concluded. he had recorded the statement of p. w. 1., the ..... -examine p. w. 1 with reference to his previous statements for the purpose of section 145. evidence act. the petitioners will get their costs in c. r. p. no. 1968 of 1966 only. 9. petition allowed. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-02-1967
Reported in : [1968]69ITR366(AP)
..... all other matters which he thinks will assist him in arriving at a fair and proper estimate.....'in seth nathuram munnalal v. commissioner of income tax, the learned judges of the nagpur high court constituting the bench, held on the facts that there was material on record to warrant an estimate of the profits and in that ..... girdharilal v. commissioner of income tax we observed that when a court of fact arrives at its decision by considering material which is irrelevant to the enquiry, or acts on material, partly relevant and partly irrelevant, where it is impossible to say to what extent the mind of the court was affected by the irrelevant material used ..... before the 1st day of april, 1948, the section 15c will not be applicable to this undertaking.'industrial undertaking' has not been defined anywhere in the income-tax act. section 15c(1) will apply to all undertaking unless it is an undertaking formed by the splitting up, or the reconstruction of, business already in existence or by .....
Tag this Judgment!