Court : Andhra Pradesh
Reported in : AIR1963AP168
..... the estate of chintaman when chintaman died'.in those circumstances, the bench held that 'even a partial representation of the estate of the deceased appellant is sufficient to validate the appeal and to preclude the decree obtained in that appeal from being regarded as a nullity'.it is only after disposing of the case on those two points ..... haq v. sunni central board of waqf, u. p. : [1959]1scr1287 . in the latter case, which is the latest, gajendragadkar, j., while considering the u. p. muslim waqfs act, said at page 204:'it is well settled that in construing the provisions of a statute courts should be slow to adopt a construction which tends to make any part ..... sher khan v. raja seth swami dayal, air 1922 pc 17 their lordships of the privy council dealing with the interpretation of section 60 of the transfer of property act, observed at page 19 that 'the section is unqualified in its terms, and contains no saving provisions as other sections do in favour of contracts to the contrary and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP109
..... after a very long term of years, and a variety of transactions of open life and conduct upon the footing that the adoption was a valid act, the burden must rest heavily on him who challenges its validity. it cannot be denied that the adoption of viranna was one perfectly suitable in all respects. tirupatirayudu had no issue by his first wife. ..... 471 of 1956, 231 of 1960 and the cross-objections in appeal no. 302 of 1957.14. we shall first take up the question of ths truth and the validity of the adoption of karri viranna. the adoption is said to have taken place in or about the year 1903 or 1904 during the lifetime of mahalakshmamma. karri viranna died ..... he bequeathed to the plaintiff. the plaintiff instituted the suit on october 1, 1944, for a declaration that the alleged adoption of viranna by tirupatirayudu is neither true nor valid in law and that her rights to the properties comprised in the estate of her father are not in any way affected after the life-time of lachamma, the widow .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP332; [1964]52ITR16(AP)
..... on their death passed on to their heirs which became subject to payment of estate duty. 44. for all these reasons, we hold that the department could validly assess the estate for the purpose of estate duty and the judgment of our learned brother which upheld the right of the department to do so, cannot be ..... , at the outbreak of war, entitled to stocks, shares and securities in english, south african and american companies which had been purchased for him by german banks acting through their london agencies- the certificates were in all cases situate in london and the securities themselves were transferable in london at the outbreak of war and at the ..... principal value to be ascertained as provided thereunder of ail property, settled or not settled, including agricultural land situated in the states specified in the first schedule to the act, and which passes on the death of such' person, at the rates fixed in accordance with section 35. section 6 which has a material bearing, reads as .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1965AP143
..... dispute which made it necessary that the supreme court should consider the nature of the trust and decide whether its registration under section 28 of the wakf act was valid or not. the wakf board intervened in the appeal before the supreme court and it was added as a party thereto. it was agreed between all the parties that the ..... the supreme court, certain developments took place in regard to the trust. on december 18, 1960, the muslim wakf board, hyderabad, constituted under section 9 of the wakf act (no. 29 of 1954), registered the trust as a muslim wakf. the registration so made was published in the andhra pradesh official gazette on january 12, 1961. the government of ..... question as to whether the trust was a muslim wakf within the meaning of the relevant provisions of the wakf act should be decided by the supreme court and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1966AP246
..... , ex. b. 2 dated 17-4-46. the same offer was made by the defendants again under ex. 3 dated 25-7-46.it follows that there was a valid tender of the amount due even on 6-2-46 and it was on that date that the plaintiff should have accepted the amount due and returned the shares, but ..... find any difficulty at all in holding that the two letters, exs. b-i and 3 contained acknowledgments of liability within the meaning of section 19 of the indian limitation act. the suit is, there-tore, in time.10. the next question that arises for determination in this appeal is whether the plaintiff returned to the defendants the shares, which, ..... the said two promissory notes executed by the defendants.in my opinion, these two letters contain acknowledgments of liability within the mean-ing of section 19 of the indian lim. act. it was urgued in the lower court and again before me that those arc not unconditional acknowledgments of liability and that, therefore, fresh period of limitation cannot be computed .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1965AP274
..... contract for the purchase of the lease hold right with foster. he accompanied this deposit with a written memorandum in which he agreed to make to the bankers a valid assignment of his contract with foster for the purchase of the lease-hold premises, by way of mortgage at their request. the bankers later found that the free hold ..... the endorsements of transfer on the promissory notes were executed by the plaintiff under coercion? 2. whether partition in may, 1958 set up by the defendants is true, valid and binding on the plaintiff?it is not necessary to refer to the other issues which are of on moment in this appeal.(4) the learned subordinate judge found issue ..... defendants 1 and 2 is not valid and binding upon the plaintiff. in this view, there is no need to go into the evidence regarding partition.'this view does not appear to have given sufficient consideration to the position that in spite of a document of partition being hit by section 49 of the registration act, that is to say, which .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1965AP239
..... loss sustained by hum as a result of want of title of the judgment-debtor, the principle of caveat emptor applying to court sales. there is no valid foundation for the view that there is an implied or a limited kind of warranty of title that the judgment-debtor possesses some interest however small that may ..... pronouncement and given the relevant extracts containing its ratio decidendi. at the risk of repetition, we may say that the statement of law that where the sheriff acts within his jurisdiction the auction purchaser could have no redress against the execution creditors applies with full force to sales held in enforcement of the decrees. the remand ..... , the purchaser brought an action for money had and received against the judgment-creditor under whose authority and by whose express direction he alleged that the sheriff had acted. the high court decided that the plaintiff had no cause of action and no remedy against the decree-holder. on appeal, their lordships of the privy council .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP423
..... of the government of india in that regard.even assuming that it is open to the petitioner or any one else to challenge the correctness and validity of the declaration by the government of india, the petition raises a dispute as to the interpretation of the respective rights and obligation of the ..... personal law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraq, maintenance, dower, guardianship, gifts, trust ant trust properties, and wakfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are muslims shall be the muslim personal law ..... 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 of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1972]85ITR201(AP)
..... ascertaining the value of the assets to be determined by the wealth-tax authorities under the act. even the law, if amended subsequent to the valuation dates prospectively and without express intendment or necessary implication giving retrospective effect applicable to those particular assessment ..... on the corresponding valuation date pertaining to the assessment. the statement of facts referred to above manifests that there is no amendment of the wealth-tax act relating tothe valuation date. any subsequent events occurring after the relevant valuation dates relating to facts are neither relevant nor material for the purpose of ..... income-tax assessments must be applied to the wealth-tax assessments also. the law, therefore, that is applicable to the assessments under the wealth-tax act is the law that is prevalent on the relevant valuation dates. this view gains support from the provisions of section 2(q) which defines the valuation .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1972AP341
..... without leaving any issue. the question in those circumstances was whether his alienation of the suit properties during his lifetime in favour of the 1st defendant can have any legal validity after his death. the lordships stated:'assuming that peria ramaswami had an absolute estate in a moiety of the properties; there is a clear gift over that moiety on ..... 18. now a defeasance is 'a condition relating to a deed or to an obligation, recognizance, statute, or the like, which being performed by the obligor or recogniser, the act is disabled and made void as if it had never be end one; which differs from a conditionally in this, that this (a condition) is always made at the same ..... document, it is well to remind ourselves about the position of law in this regard.12. now the general principle embodied in section 8 of the transfer of property act is that, a grant prima facie carried with it all the legal incidents thereof, but that it may be modified according to the wish of the parties, the maxim .....
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