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Judgment Search Results Home > Cases Phrase: mediation Court: andhra pradesh Year: 1955 Page 1 of about 16 results (0.037 seconds)

Mar 04 1955 (HC)

V.V. Muvva Gopalakrishna Yachendra and ors. Vs. V.V. Sarvagna Krishna ...

Court : Andhra Pradesh

Decided on : Mar-04-1955

Reported in : AIR1955AP264

..... fact, the sum of rs. 1,000/- was not the amount mentioned by one party and accepted by the other. this was fixed by the rajah of bobbili as a mediator who arrived at the figure after taking into consideration several factors mentioned therein.(15) it may also be mentioned taht the parties, namely, the appellants always treated this allowance as ..... last being a minor, by his father and guardian kumar yachama nayudu bahadur, appointed the rajah of bobbili as mediator to determine the amount of allowance to be given to the three above-named brothers and to their purusha santhathi. the mediator taking fully into consideratioin the status of all the parties, the condition and respectability of the estate and all other .....

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Oct 19 1955 (HC)

In Re: K. Johnson

Court : Andhra Pradesh

Decided on : Oct-19-1955

Reported in : 1957CriLJ1210

..... sub-magistrate, bhimavaram. on appeal, the sub-divisional magistrate, bhimavaram,, confirmed the conviction and the sentence.2. in revision, the learned counsel for the petitioner contends that there were no mediators at the time of the seizure and that the mandatory provisions of section 103, criminal procedure code, which are made applicable to all searches under the madras prohibition act by reason of ..... of section 103, criminal procedure code, is that having regard to the time and the place where the accused was apprehended with the contraband, it was not possible to get ab any mediators. having regard to the circumstances of the case, i think this explanation is reasonable and satisfactory. the burden of showing why it was not possible to comply with the provisions .....

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Dec 20 1955 (HC)

In Re: Hanumantha Rao

Court : Andhra Pradesh

Decided on : Dec-20-1955

Reported in : 1957CriLJ930

..... showed his shop. the accused then took me to ponnur at 7 p. m. and took me to the shop of p. w. 10. i sealed his shop before the mediators, i examined p.w. 10 and others. on the next day, i searched the shop of p, w. 10 and seized brandy chits exhibits p-5 and p-7 and .....

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Dec 09 1955 (HC)

Kanumarlapudi Lakshminaryana Chetty and Others Vs. First Additional In ...

Court : Andhra Pradesh

Decided on : Dec-09-1955

Reported in : [1956]29ITR419(AP)

the judgment of the court was delivered bysubba rao, c.j. - this is an application under article 226 of the constitution of india for issuing a writ of certiorari to quash the orders of the first additional income-tax officer, nellore, dated march 20, 1954, and march 31, 1954. the assessees are members of hindu undivided family. on march 18, 1948, the income-tax officer, nellore, assessed them to income-tax for the assessment year 1947-48. in doing so, he had taken into consideration a sum of rs. 6,000 as the share of the income of the joint family from the firm of c. p. v. kotaiah chetty and co., madras (chillies department). in due course, the assessees paid the income-tax assessed on them. the assessment on the firm of messrs. c. p. v. kotaiah and co., was completed only on july 31, 1951. by reasons of that asssessment the share of the profits of the assessees family for 1947-48 was found to be rs. 21,659 instead of rs. 6,000 which was the sum included in the assessment of the joint family by the assessment order dated march 18, 1948. on february 15, 1954, the income-tax officer gave the assessees notice to state their objections why the previous assessment dated march 18, 1948, should not be rectified under section 35 of the income-tax act (hereinafter referred to as the act) as amended by the income-tax (amended) act, 1953 (hereinafter referred to as the amending act). the assessees objected prior to april 1, 1952. the income-tax officer rejected the objections and .....

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Dec 22 1955 (HC)

Dattu Pant Vs. Advya Chari and anr.

Court : Andhra Pradesh

Decided on : Dec-22-1955

Reported in : 1956CriLJ998

srinivasachari, j.1. this is an application for the issue of a writ of prohibition or any other appropriate order against the respondents invoking our jurisdiction under article 226 of the constitution of india. the facts that have been set out by the petitioner are that he was charged under section 409, i.p.c. and convicted. on appeal the sessions judge quashed the conviction of the petitioner and acquitted him for want of sanction.subsequently the prosecution after obtaining the necessary sanction filed a second charge sheet on the same facts. the petitioner submitted before the trial court that the second prosecution was barred under section 403, cr.p.c. and the trial court held that inasmuch as no sanction had been produced at the time when the previous trial commenced there was nothing to bar a second prosecution. the trial of the case, therefore, proceeded.2. the contention of the petitioner before us is that the second prosecution was illegal under article 20(2) of the constitution. it is urged that the petitioner on a prior occasion was prosecuted and punished and having regard to the express terms of article 20(2) of the constitution a second prosecution was incompetent. the article referred to above which appears in part iii of the constitution relating to fundamental rights reads as under:no person shall be prosecuted and punished for the same offence more than once.this particular clause is analogous to a provision in the 5th amendment to the federal constitution .....

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Apr 15 1955 (HC)

M.M.A.K. MohiddIn Thamby and Co., Eluru Vs. Commissioner of Income-tax ...

Court : Andhra Pradesh

Decided on : Apr-15-1955

Reported in : [1955]28ITR252(AP)

subba rao, c.j. (1) the income-tax appellate tribunal, madras bench 'b' referred the following questions under s. 66 (1), indian income-tax act to the high court of judicature, madras(i) 'whether there was definite information in the possession of the income-tax officer in consequence of which he could have discovered that there was an under-assessment within the meaning of section 34 as it stood before its amendment in 1948? (ii) whether the re-assessment of rs.11,185/- is a vliad.'the said reference was tranferred to this court afterits constitution.(2) the facts that gave rise to the reference may be breiefly stated. m. m. a. k. mohiddin thumby and co., was a firm having four tanneries at eluru and one at guntur. its head office was situated at eluru. the following were the six partners of the firm:1. m. m. mohamed mama labbai, 2. m. k. a. s. syed mohammad. 3. vavoo mohammad hasana labbai. 4. o. m. ahmed mohideen sadaktulla. 5. velak mohammed shekna labbai. 6. velak mohammad mohideen.though they were carrying on business at eluru, they were permanent resident of kayapatnam village in tinnevelly district. for the assessment year 1940-41 the assessee filed a return showing a total income of rs.21,420/- durin tghe scrutiny of the accounts, the income-tax officer came across a transfer of rs.1,15,000/- from the account of v. syed moahmed ali of calcutta to the accounts of the following four partners of the assessee firm:1. m. m. mohammad mama labbai rs. 25,000/-2. a. k. .....

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Nov 08 1955 (HC)

Karnati Rangaiah Vs. A. Sultan MohiddIn and Brothers and ors.

Court : Andhra Pradesh

Decided on : Nov-08-1955

Reported in : AIR1957AP513

bhimasankaram, j.1. this is an appeal against the decision of our learned brother umamaheswaram j., in w. p. no. 375 of 1955, declining to issue a writ of mandamus or any either appropriate writ restraining the district magistrate, anantapur, from issuing a licence to the first respondent under section 4 of the cinematograph act, ii of 1918 (hereinafter called 'the act').2. the facts material for the determination oft the questions of law raised before us are simple. the appellant is the proprietor of a theatre called 'vauhini kala mandir' in the municipal town of tadipatri. he has a licence under section 4 of the cinematograph act to exhibit cinema shows in that theatre. the 1st respondent purchased a building in 1949 in which cinematograph films were being exhibited upto the year 1940 under a licence till then in force. as a result of certain defects pointed out by the executive engineer such exhibition was stopped in the year 1940. but before the defects were rectified, the government requisitioned the building and handed it over to a local co-operative stores which was using it as godown till the year 1953. the building was however vacated by the stores in that year and early in the year 1954, the 1st respondent applied to the local district magistrate for the issue of a licence under section 4 of the act. as he received no reply, he presented a petition to the local government on 29th may, 1954. the appellant who came to know of this filed a memo., dated 8th july, 1954, .....

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Jan 10 1955 (HC)

V. Lakshmi Reddi Vs. Collector and Addl. Dist. Magistrate, Kurnool and ...

Court : Andhra Pradesh

Decided on : Jan-10-1955

Reported in : AIR1955AP178

order(1) this is petition for the issue of a writ of certiorari to quash the proceedings in h.o.m. 3-212 - m/53 dated 29.3.1953 of the collector and additional district magistrate of kurnool as affirmed by the board of revenue (andhra) in its b. p. pt. 792 dated 1.3.1954.(2) the office has taken objection to the maintainability of this writ in view of the decision of the learned chief justice in -- 'venkayala janaiah v. board of revenue (andhra)', (s) : air1955ap23 (a). following the decision of the supreme court in -- 'election commission, india v. saka venkata rao', : [1953]4scr1144 (b), the learned chief justice held that the board which is situated in the city of madras is not within the area of the andhra state, over which the high court of andhra has jurisdiction and that no writ under art. 226 can be issued to it. i followed the decision of the learned chief justice in - 'vishakapattam co-operative motor transport society ltd. v. subba rao', : air1955ap175 (c). (3) the learned government pleader, to whom notice has been ordered submits that the respondents are willing to waive the objection as to jurisdiction. in : air1955ap175 (c), i have considered the question as to whether there can be a waiver of objection to jurisdiction of this court, to issue a writ and held that the doctrine of waiver cannot be invoked in a case where there is total want of jurisdiction.(4) mr. chinnappa reddy, the learned counsel for the petitioner contends that the writ is maintainable as .....

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Jan 21 1955 (HC)

K. Venkata Subbaiya Vs. K. Veeraiyya and anr.

Court : Andhra Pradesh

Decided on : Jan-21-1955

Reported in : AIR1955AP172

(1) this appeal raises a simple question of law. the 1st repondent herein filed i. a. no. 461 of 1948 in o. s. no. 318 of 1939, district munsif's court, repalle, on 5.7.1948, for the ascertainment of profits from the date of the plaint. the suit in which the application was filed was instituted in 1939 for partition and separate possession of joint family properties and the preliminary decree was passed on 23.8.1946. the final decree was passed on 31.8.1948. long after the application for the ascertainment of future profits was filed. the ground on which the district munsif of repalle dismissed the application was that the final decree had been passed by the time the application was taken up for hearing on 17.9.1948.on appeal, the subordinate judge of tenali rightly held that the delay in the disposal of the application ought not to prejudice the 1st repondent herein in the determination of his legal rights. he followed the decision of somayya j. in -- reghava mannadiar v. theyunni mannadiar', air 1947 mad 106 (a) and held that though there was no prayer in the plaint for the ascertainment of future profits from the date of suit and though there was no specific direction in the preliminary decree in the partition suit for such ascertainment, the court is bound under the provisions of o. 20, r. 18, civil p. c., to direct such an enquiry and consequently set aside the order of the trial court and remanded the application to the district munsif for fresh disposal and .....

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Sep 02 1955 (HC)

Polsetti Narayana Rao Vs. Commissioner of Income-tax, Hyderabad.

Court : Andhra Pradesh

Decided on : Sep-02-1955

Reported in : [1956]29ITR222(AP)

the judgment of the court was deliver by bhimasankaram, j.this is a petitioner to direct the stay of the collection of income-tax arrears pending the disposal of a reference under section 66(2) of the income-tax act. the petitioner was assessed as a hindu joint family. it consists of two branches, one branch represented by polisetti narayana rao and the other by his brother govinda rao. narayana rao was the kartha of the family and in that capacity submitted returns for the assessment years 1946-47, and 1947-48 on november 7, 1946, and september 15, 1947, respectively. in the assessment proceedings, the assessee claimed that there was a partial partition in the family and that certain specific items, viz., house properties, cloth and yarn business and sudarsana oil mill business were divided between the two branches, the income-tax officer negatived the claim of division, but on appeal to the appellate assistant commissioner it was upheld. on further appeal by the department. it was held by the tribunal that there was division as regards some of the properties and that there was none as regards certain others. the assessee thereupon applied to the income-tax appellate tribunal to state a case and refer to the high court a question formulated by him. there were two appeals before the tribunal. i.t.a. nos. 5831 and 5832, arising out of two assessments for the above mentioned assessment years. the tribunal declined to do so and the matter was brought before us by the assessee .....

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