Andhra Pradesh Court October 1955 Judgments
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The State Vs. Sadat Jahan Razvi
Court: Andhra Pradesh
Decided on: Oct-24-1955
Reported in: 1956CriLJ1199
Siadat Ali Khan, J.1. This is reference No. 318/6/1954-55 by the Sessions Judge, Hyderabad & Secunderabad, dated 21-6-1954. We have heard the arguments of the learned advocates of the parties.2. The facts alleged are that the Commissioner of Police, Hyderabad City, lodged a complaint against Mrs. Saadat Jahan Razvi, Editor, Printer, Publisher of an Urdu daily 'Tazyana' on the ground that several publications, specified In the complaint, contain objectionable matters as denned in Section 3 Sub-sections (V) & (VI), Press (Objectionable Matter) Act, 56 of 1951. The Sessions Court tried the complaint with the help of the 'Jurors.The jurors gave their unanimous verdict that all the publications did not contain any objectionable matter. The Sessions Court agreed with them regarding 4 articles, but differed in respect of the article published in the issue of 16-7-1953 and referred the case to this Court for suitable orders under 8, 21(2) of the Act. It is on this reference that we heard the a...
Jubilee Engineering Co. Ltd. Vs. Sales Tax Officer and ors.
Court: Andhra Pradesh
Decided on: Oct-21-1955
Reported in: [1956]7STC423(AP)
Jaganmohan Reddy, J.1. This is a petition for a writ of mandamus or any other appropriate writ under Article 226 of the Constitution for restraining respondents 1 and 3, the Sales Tax Officer and Commissioner of Sales Tax, from demanding sales tax and prohibiting them from collection on the turnover of works contract undertaken by the petitioner in completing maternity hospital at Mahboobabad and for the repair of a large tank at Rudrur.2. The petitioner is registered as a dealer under the Hyderabad General Sales Tax Act, 1950 (hereinafter called 'the Act') and is a limited company incorporated under the Indian Companies Act. It carries on business as building and construction contractors and has been recognised as such by the Public Works Department of the Government of Hyderabad. During the year 1951-52 this company had obtained from the P.W.D. two contracts, one for building the maternity hospital at Mahboobabad for Rs. 52,290 and the other for repairing a large tank at Rudrur for R...
Mohommed Pasha and ors. Vs. State of Hyderabad
Court: Andhra Pradesh
Decided on: Oct-21-1955
Reported in: 1956CriLJ1320
Srinivasachari, J.1. These are second appeals, on behalf of the three accused in a criminal case. The second appeal was competent under the Hyderabad Criminal P.C. The charge was laid against three persons of an offence under Section 342, Indian Penal Code corresponding to Section 409, Indian Penal Code. The prosecution alleged that there was a Local Unit established under the Commercial Corporation, Supply Department of the Hyderabad State in Chartana, Jithur Taluq, Parbhani District. This was established on 6th Khurdad 1353 F and it is stated that this Local Unite was to receive the levy of grain supplied by cultivators and dispose it of as per the instructions of the Govt. It is further stated that the District Commercial Officer of the Corporation received an anonymous report that grain in the godown of this Unit was sold by the members of the Local Unit. The D.C.O. directed the Tehsildar to make enquiries & he also went to the spot, inspected the godowns and affixed seal on them. ...
Madugula Papayya and ors. Vs. Province of Madras
Court: Andhra Pradesh
Decided on: Oct-20-1955
Reported in: [1956]7STC180(AP)
Chandra Reddy, J.1. The interpretation of Section 9 of the Madras General Sales Tax Act and rules 6, 8, 9 and 11 of the Turnover and Assessment Rules framed thereunder is involved in these two appeals. Since the controversy in both the appeals is the same, they can be disposed of together. A.S. No. 809 of 1950 arises out of O.S. No. 58 of 1948 on the file of the Sub-Court, Srikakulam, and A.S. No. 736 of 1950 out of O.S. No. 10 of 1949. These two suits were filed for refund of sales tax illegally and arbitrarily levied by the Deputy Commercial Tax Officer and paid by the plaintiffs under protest. The assessment year is 1946-47. To appreciate the conflicting contentions in these appeals, it is necessary to set out the salient facts of the cases.2. The plaintiffs in both the suits are dealers in groundnut, groundnut products and other commodities. In addition, the plaintiff in O.S. No. 58 of 1948 is the proprietor of Sri Krishna Vizaya Groundnut Oil Mills, Pondur. The plaintiff in O.S. N...
In Re: K. Johnson
Court: Andhra Pradesh
Decided on: Oct-19-1955
Reported in: 1957CriLJ1210
ORDERSatyanarayana Raju, J.1. The petitioner has been convicted under Section 4(1) (a) of the Madras Prohibition Act for having been found to be in possession of two gallons of I. D. arrack and was sentenced to undergo rigorous imprisonment for two months by the Additional 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 Section 34 of the Act, have not complied with. 3. In Abdullah v. The State : AIR1951Mad883 (A), Panchapkesa Ayyar, J., held that it is of the utmost importance that there should be satisfactory evidence before the Court regarding the article seized on a search under the Prohibition Act from each accused person. In th...
V.M. Syed Mohamed and Company Vs. the State of Andhra
Court: Andhra Pradesh
Decided on: Oct-13-1955
Reported in: [1956]7STC465(AP)
Subba Rao, C.J.1. This is an appeal against the order of our learned brother Satyanarayana Raju, J,, in Writ Petition No. 314 of 1954.2. The relevant facts are stated in the judgment under appeal and they may be briefly re-stated. The appellants are a firm carrying on tannery business at Guntur. Though they had taken out a licence under Section 5(vi) of the Madras General Sales Tax Act (hereinafter referred to as the Act) for the year 1951-52, they did not get it renewed for the subsequent years. Nor did they submit a return of their turnover for the year 1952-53. The Commercial Tax Officer, on a scrutiny of the accounts, found that their turnover of sales of tanned hides and skins amounted to Rs. 5,36,001-14-2. To a notice given to them to show cause against assessment on the said turnover, they contended that, as they did riot take out a licence, there was no provision under the Act to tax them. Rejecting the plea, the Commercial Tax Officer made the assessment on the basis of the af...
Lingappa Vs. State of Hyderabad
Court: Andhra Pradesh
Decided on: Oct-13-1955
Reported in: 1956CriLJ997
ORDER1. This is an appeal on behalf of the accused against the sentence and conviction passed by the Court below. From a perusal of the judgment it appears that the accused was charge-sheeted under Section 376, I.P.C. The Prosecution story is that the accused saw Siddavva with her brother in the field known as Malganhola, where her cattle were grazing. He induced her to take the cattle to another field known as Ganganhola stating that there was sufficient grass.Siddavva, taking him at his word, accompanied the accused along with her brother to that field; taut after sometime the accused told her that the owner of the field was coming and they should leave the field.Hearing this Siddavva's brother started running and Siddavva too followed him. The accused caught hold of her from Behind, pushed her and when she fell down he sat on her chest and raped her by thrusting a cloth in her mouth and putting her hands behind her back. With these allegations a challan was filed against the accused...
Dodda Subba Reddi Vs. Gunturu Govinda Reddi
Court: Andhra Pradesh
Decided on: Oct-06-1955
Reported in: AIR1961AP430
Subba Rao, C.J. 1. This is a Letters Patent Appeal against the judgment of our learned brother Umamaheswaram J. In Second Appeal No. 574 of 1950.2. The facts relevant to the question raised may be briefly stated. The plaint schedule land originally belonged to one Bhavanam Venkatareddi, who died intestate in 1902. He left behind him his widow Konamma and five daughters. It appears that, after the death of Venkatareddi, his daughters and his widow got into possession of different extents of land belonging to him. On 14-10-1906 Konamma executed a document styled dakhal deed in favour of one of her daughters Subbamma, whereunder she purported to confer title on her in respect of the plaint schedule items.That dakhal deed, which is marked as Ex. B. 7 in the case, was attested by the plaintiff. It further shows that he was identifying witness also before the Registrar. The stamps affixed to the document disclose that they were purchased by him. It is also in evidence that he was staying wit...
In Re: P. Ramulu and ors.
Court: Andhra Pradesh
Decided on: Oct-06-1955
Reported in: 1956CriLJ1389
Subba Rao, C.J.1. The three appellants were accused 1 to 3 before the Court of session, West Godavari. They were charged along with five other accused under different sections of the Indian Penal Code. Accused 4 to 8 were acquitted but accused 1 to 3 were convicted under Section 302 I. P. C. and sentenced to transportation for life. They were acauitted on other charges.2. The prosecution case may be briefly narrated. In the village of Gimdugolanu, due to Panrhayat elections, there were two factions in the village, one of the Velemas and the other of the Kapus. Accused 4 and one Bhogaraju Perraju stood for election to the office of Panchayat Board President. The accused supported the candidature of accused 4 whereas the Kapus backed Perraju. The bad blood created by the election ended in the murder of two persons Chandrayya and Gangayya.In that connection, the deceased Tirupati, P. W. 1, P. W. 3, Paidayya and Sanyasi, brothers of P. W. 1 were charged for murder. The Sessions Judge convi...
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