Andhra Pradesh Court March 1955 Judgments
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Vedulapalli Satyanarayana Murhty and Brothers and ors. Vs. State of Ma ...
Court: Andhra Pradesh
Decided on: Mar-31-1955
Reported in: AIR1955AP248
Subba Rao, C.J.(1) I agree. Viswanatha Sastri, J.(2) The petitioners in these revision petitions are merchants carrying on business, mainly in cocoanuts, in several places in the East Godavari and Krishna Districts, which during the relevant period fromed part of the State of Madras. They sold cocoanuts to merchants mostly in Madhya Pradesh and also in a few other places outside the State of Madras. The goods were delivered outside the State to the several buyers.The petitioners, were assessed to tax under the Madras General Sales Tax Act for assessment years 1949-50 and 1950-51 on sales of the nature described above. The assessee, petitioners in these revision petitiioners, objected to the levy of tax on sales effected by them after 26-1-1950 and before 31-3-1951, on the ground that such levy is illegal, as a result of Art. 286(1) of the Constitution which came into force on 26-1-1950.(3) The revision petitions first came on for hearing before Chandra Reddy and Unamaheswaram JJ., who ...
In Re: Kafula Srinivasa Rao
Court: Andhra Pradesh
Decided on: Mar-30-1955
Reported in: 1957CriLJ1223
Umamaheswaram, J.1. This is an application for leave to appeal to the Supreme Court under Article 134(1)(c) of the Constitution. Article 134(1)(c) provides that an appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India, if the High Court certifies that the case is a fit one for appeal to the Supreme Court. The terms of Article 134(1)(c) of the Constitution and Section 109(c) of the Code of Civil Procedure are in identical terms. Bose, J., in delivering the judgment of the Supreme Court in Nar Singh v. State of Uttar Pradesh : [1955]1SCR238 (A), observed as to the scope of Article 134(1)(c) as follows:In the case of Clause (c) both of Article 133(1) and Article 134(1), the only condition is the discretion of the High Court but the discretion is a judicial one and must be judicially exercised along the well-established lines which govern these matters (see Benarsi Pershad v. Kashi Krishna ILR 23 ...
State of Andhra (Madras), Kakinada Vs. Shree Bajranga Jute Mills Ltd., ...
Court: Andhra Pradesh
Decided on: Mar-18-1955
Reported in: [1955]6STC376(AP)
Chandra Reddy, J.(1) The assessee is a manufacturer of gunnies and twine. The assessment year is 1950 - 51. This revision case relates to the amount collected by the assessee by way of sales tax from the purchasers under R. 5, sub-r. (7) of the Turnover and Assessment Rules. In the year of assessment, the assessee submitted a statement of gross-turnover of Rs. 40,82,555-4-3 claiming a deduction in respect of some sums with which we are not concerned. The assessing authority added to the turnover, a sum of Rs. 58,699-3-9 representing the taxes collected by the respondent on the goods sold by him. An appeal was preferred by the assessee against the order including the sales tax collected by him in his turnover for the year. But this appeal was rejected.A further appeal to the Sales Tax Appellate Tribunal resulted in the exclusion of this sum from his turnover. It is this order of the Appellate Tribunal that is impugned by the State Government in this Revision case.(2) It is urged in supp...
State of Madras Vs. Tungabhandra Industries Ltd., Kurnool
Court: Andhra Pradesh
Decided on: Mar-18-1955
Reported in: AIR1955AP245
Chandra Reddy, J.(1) The interpretation of S./ 2'1), Madras General Sales Tax Act as amended by the Legislastive Assembly of the Andhra State in May 1954 is involved in this case. The assessment relates to the year 1949-50.(2) In the return of turnover submitted by the assesee, the tax collected from the purcahsers was excluded. The Sales Tax Department sought to levy tax on this tax on the ground that it formed part of the turnover. The Sales Tax Appellate Tribunal before whom the matter was carried in appeal by the assessee accepted the contention of the assessee and gave relief to him in that respect. The Government have preferred this revision petition against the order of the Appellate Trubunal. Pending this petition, the Andhra State Legislature amended the definition of turnover' by subsitituting the following:'Turnover means the total amount set out in the bill of sale (or if there is no bill of sale, the totla amount charged) as the consideration for the sale or purcahser of g...
Pedda Venkatapathi and ors. Vs. State
Court: Andhra Pradesh
Decided on: Mar-17-1955
Reported in: 1956CriLJ478
ORDERChandra Reddy, J.1. These two cases arise out of Criminal Appeals Nos. 7 and 8 of 1955 on the file of the Sessions Judge, Cuddapah, which were filed against the judgments of the Sub-Divisional Magistrate, Proddatur in C. C. Nos. 255 and 273 of 1954 respectively. There were two accused in C. C. No. 255 of 54, and while accused 1 was charged under Section 326, I.P.C., accused 2 was charged under Section 324, I. P, C.In the other case, there was only one accused and he was charged for an offence under Section 324 I.P.C. The case against all the three petitioners was that on 11-7-1954 while P. W. 1, one Chalia Venkata Reddi, was going on the road, the three accused emerged from the house of the father of accused 2 in C. C. No. 255 of 1954 and attacked him with spears. Each accused caused one injury, the one by accused 1 in the first case proving to be grievous.The complaint was filed by P. W. 1 against all the three accused. After investigation, the police charge-sheeted only the two ...
Putta Venkatrayudu Vs. the State
Court: Andhra Pradesh
Decided on: Mar-14-1955
Reported in: 1957CriLJ1225
Bhimasankaram, J.1. By a judgment dated 10th January, 1955, we disposed of Criminal Appeal No. 454 of 1954. The appellant therein was the first accused in Sessions Case No. 50 of 1954 in the Court of Session, Visakhapatnam Division. He was convicted by the learned Sessions Judge under Section 114 read with Section 302, Indian Penal Code and sentenced to transportation for life. The conviction and sentence were confirmed by our judgment in the appeal. It may be noted that he was tried along with two other accused in the Sessions Court and there were two different charges framed, one against him and the Other two accused (first charge) and another against him and the third accused (second charge). The charges are as follows:(1) That you three on or about 28th day of March, 1954, before 11 p.m. at Koruprolu, agreed to cause to be done an illegal act to wit murdering Putta Appalaraju and that the same act to wit murder of Putta Appalaraju was done in pursuance of the agreement and you thre...
In Re: Palakurthi Venkata Rao
Court: Andhra Pradesh
Decided on: Mar-11-1955
Reported in: AIR1955AP277
ORDER(1) This is an appeal against the order of our learned brother Bhimasankaram J., dismissing the application filed by the appellant to quash the order of the Government of Andhra refusing to interfere with the order of the Secretary, Cental Road Traffic Board, Andhra State, made in an appeal against the order of the Regional Transport Authority, Krishna, suspending the permit for a period of 15 days. (2) The facts asre: The petitioner is the owner of a stage carriage MDK. 921 now re-registered as ADK. 205 with a permit to ply on the route Bandar to Gudiwada. One of the conditions of the permit was that the stage carriage shall be used only on the route or area on which the permit is issued. Admittedly on 3-2-1954 the stage carriage was used for an unauthorised trip on the Bandar -- Manginapudi road, Purporting to act under S. 60(1)(a) of Act IV of 1939 the Regional Transport Authroity suspended the permit for a period of 15 days. That order was confirmed on appeal by the Central Ro...
K. Krishnamurthy and ors. Vs. the State
Court: Andhra Pradesh
Decided on: Mar-10-1955
Reported in: 1957CriLJ1216
ORDERChandra Reddy, J.1. These revision cases arise out of the judgment of the Additional Sessions Judge, Guntur, convicting the petitioners, six in number under Section 420, I. P. C. and sentencing accused 1 to 5 to six months' rigorous imprisonment and in addition to a fine of Rs. 200 each and the 6th accused to imprisonment till the rising of the Court. Criminal Revision Cases Nos. 804 of 1954 is filed by the 1st accused, 805 of 1954 by the 6th accused and 847 of 1954 by the accused 2 to 5.2. The material facts of the prosecution may be briefly stated. The 3rd accused is the father of 2nd accused, accused 1, 4 and 5 being the son-in-law of the former. The 6th accused is the son of the 1st accused, i.e., maternal grandson of the 3rd accused. Between the months of April and June 1948, these accused sent applications to the Director of Industries and Commerce for permits for iron for construction of their houses. It was stated therein that they had already started the construction but ...
Gandavarapu Venkata Subba Rao Vs. Vavilala Kesavayya
Court: Andhra Pradesh
Decided on: Mar-09-1955
Reported in: AIR1955AP254
(1) This is a judgment-debtor's appeal against the order of the District Judge, Guntur in . C. M. A. No. 20 of 1953 confirming that of the District Munsif in Execution Petition No. 153 of 1952.(2) The respondent instituted O. S. No. 194 of 1950 in the Court of the Subordinate Judge, Guntur to enforce the mortgage deed executed by the appellant. He obtained a preliminary decree on 1.9.1951. In due course, a final decree was made on 16.7.1952. The defendant filed an appeal in respect of a portion of the decree amount and the plaintiff filed cross-objections against that part of the decree disallowing interest. On 25.3.1953, the District Court dismissed the appeal filed by the defendant and allowed the cross-objections of the plaintiff. Meanwhile on 26.7.1952, the decree-holder filed Execution Petition No. 153 of 1952 for realising the decree amount by sale of hypotheca.The sale was held on 10.8.1953 anmd the hypotheca was sold for Rs. 4,060/-. It may be mentioned at this stage that the p...
Adabala Saytanarayana Vs. Damisetty Nagaraju and ors.
Court: Andhra Pradesh
Decided on: Mar-08-1955
Reported in: AIR1955AP251
Subba Rao, C.J .(1) The question raised in this Civil Miscellaneous Appeal is what is the starting point of limitation for executing a personal decree made in a suit on a mortgage.(2) The appellant executed a mortgage deed for himself and as guardian of his minor son in favour of respondents 2 and 3 for a sum of Rs. 4,500/-. The mortgages filed O. S. No. 59 of 1935 in the Court of the Subordinate Judge, Kakinada on the foot of that mortgage and obtained a preliminary mortgage decree on 9.3.1936. A final decree followed on 17.9.1937. After the mortgaged properties were exhausted the decree-holders filed I. A. No. 549 of 1944, for a personal decree and obtained the same on 29.9.1944. Thereafter, they transferred the decree in favour of the 1st repondent.On 20.11.1951, the transferee-decree-holder filed E. P. No. 481 of 1951 for executing the said personal decree. That application was filed more than 12 years from the date of the final decree but within 12 years from the date of the perso...
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