Andhra Pradesh Court August 1955 Judgments
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In Re: Kasireddy Chinna Subbireddy and ors.
Court: Andhra Pradesh
Decided on: Aug-30-1955
Reported in: 1957CriLJ46
Chandra Reddy, J.1. The six appellants along with 27 others were tried by the Sessions Judge, Cuddapah on various counts in connection with a rioting that took place in a village called Parlapad, Cuddapah District on 26-1-1954. The Sessions Judge found all the appellants guilty under Section 148, Penal Code, and Sentenced them rigorous imprisonment for one year ment for one year. In addition, he also found them guilty under Section 326, Penal Code, and sentenced them to rigorous imprisonment for three years with a direction that the sentences should run concurrently.2. The prosecution case in brief is this. On the critical day, P. W. 1 was passing by the house of 1st accused by about 5 P.M. The 1st accused suddenly caught his neck and shouted out when all the other accused gathered there. P. W. 1 freed himself and tried to escape but he was chased and all the appellants instigated by the 1st accused speared him on various parts of his body. Pws. 2 and 3, his brothers, who intervened al...
In Re: Malladi Ramaiah and anr.
Court: Andhra Pradesh
Decided on: Aug-30-1955
Reported in: 1956CriLJ201
Chandra Reddy, J.1. This appeal is directed against the Judgment, of the Sessions Judge, Guntur, convicting the first, accused (1st appellant) under Sections 302 and 201, I.P.C. and sentencing him to transportation, for life and to four years' rigorous imprisonment respectively and the third accused i.e., the second appellant herein under Section 201 and sentencing him to two years' rigorous imprisonment. Three-accused were put up before him for trial for offences under Sections 302, 201 and 323, I, P.C.The first accused was charged with the murder of his wife under Section 302 and also under Section 201, I.P.C. for causing the disappearance of evidence relating to the offence of murder. The third accused was charged under Section 201 in that he is said to have assisted the first accused to disposed of the body after the commission of murder.The charge against the second accused was that she voluntarily caused hurt to the deceased Mangamma by pulling her hair. The Sessions Judge acquit...
In Re: Basireddy Venkata Reddi and ors.
Court: Andhra Pradesh
Decided on: Aug-26-1955
Reported in: 1956CriLJ198
Krishna Rao, J.1. The appellants were accused 1, 5, 6 and 8 in Sessions Case No. 6 of 1954 before the Sessions Judge, Anantapur. Accused 1, 5 and 6 have been sentenced to transportation for life under Sections 34 and 302, I.P.C. for having, on 21-8-1953, murderedone Deviah at Thimmampalli by stabbing him with spears. The 8th accused has been sentenced to rigorous imprisonment for 18 months under Section 324, I.P.C. for having caused hurt to P.W. 1, Chinna Subbarayudu, by beating him with a stick during the same transaction. Five other persons, who were arrayed in the case as accused 2 to 4, 7 and 9, were acquitted.2. The case for the prosecution was that all the nine accused were members of unlawful assembly, and that in prosecution of the common object thereof, accused 1 to 6 carried out the attack and killed Deviah. All the nine accused were therefore charged for offences punishable under Section 148, I.P.C. and under Sections 149 and 302, I.P.C.In addition, accused 1 to 7 were charg...
Tatikayala, Ayyappa Naidu and ors. Vs. State
Court: Andhra Pradesh
Decided on: Aug-19-1955
Reported in: 1956CriLJ580
ORDERKrishna Rao, J.1. These are petitions filed, by the accused for quashing the order of commitment dated 28-2-1955 made in P. R. C. No. 23 of 1954 on the file of the Stationary Second Class Magistrate, Razole.2. the first point urged on behalf of the petitioners is that after framing a charge under 8. 210, Cr P. O, and before making the order of commitment under Section 213, Cr. P.C. the Magistrate did not attempt to get a list of witnesses from the accused and to exercise his discretion for taking their evidence as required by Sections 211 and 212, Cr. P.C. Under Section 211(1), Cr. P.C. after explaining the charge to the accused, the Magistrate has to require the accused to give at once a list of his witnesses to be summoned for the trial.Under Section 211(2) leaving out the portion relating to the High Court, the Magistrate is vested with a discretion to allow the accused to give the list of witnesses subsequently. Section 212 lays down that the Magistrate may, in his discretion,...
In Re: Mutyala Yerakadu and anr.
Court: Andhra Pradesh
Decided on: Aug-18-1955
Reported in: 1956CriLJ578
ORDERChandra Reddy, J.1. The three petitioners were put up for trial for offences under Sections 326, 325 and 323 I.P.C., before the Addl. 1st Class Magistrate, Vizianagaram, in respect of an occurrence that took place on 16-11-1953. The case against them was this - They took a lease of some lands from P.Ws. 1 and 10 some time before 1953. After the expiry of the lease they delivered the lands to the lessors i.e. several months before the alleged offence.While so, when one day P.Ws. 1 and 10 were going to their lands to raise casuarina plantations, the three accused way-laid them and inflict, ed several wounds on P.Ws. 1, 3, 4, and 5. The victims immediately went to the Police Station at Sabbavaram at about 10 a.m. The Sub-Inspector of Police in charge of the Station took them to the hospital without recording any statements as he was anxious that the wounds should be dressed first.P.Ws. 7 and 8 who were coming in the company of P.Ws. 1, 3, 4 and 5 witnessed the occurrence, went into t...
Pendurthi Venkiah Vs. Commissioner of Income-tax, Hyderabad.
Court: Andhra Pradesh
Decided on: Aug-10-1955
Reported in: [1955]28ITR749(AP)
ORDERThe Order of the Court was delivered by the Honble Chief Justice.These are petitions under section 66(2) of the Indian Income-tax Act requesting this Court to direct the Income-tax Appellate Tribunal to state a case and refer the following questions of law alleged to arise out of their order :-(1) 'Whether on the facts and in the circumstances of the case there was any material to justify the estimate of income at Rs. 40,000 ?'(2) 'Whether on the facts and in the circumstances of the case, there being no instance of any purchase or sale outside the books there was any justification for rejecting the book results and estimating the income at Rs. 40,000 ?' and(3) 'Whether on the facts and in the circumstances of the case the Tribunal had jurisdiction to base its decision on a new point not urged by the Income-tax Officer either in the assessment order before the Appellate Assistant Commissioner or in his grounds of appeal before the Appellate Tribunal ?'The petitioner is running a r...
A.S. Krishna and Co. Ltd. Vs. the State of Andhra
Court: Andhra Pradesh
Decided on: Aug-09-1955
Reported in: [1956]7STC26(AP)
ORDERSubba Rao, C.J.1. This batch of revisions is filed against the order of the Sales Tax Appellate Tribunal holding that the material used to pack the redried tobacco was the subject of sale and was, therefore, liable to sales tax.2. The petitioners M/s. A. S. Krishna & Co. have a plant for redrying raw tobacco. Owners of tobacco give them tobacco for redrying, the petitioners purchase the material necessary for packing, redry the tobacco and pack it before delivering it to the customer. They collect from each customer a consolidated charge for redrying as well as packing. Aggregate charges are levied at the rate of one anna per Ib. besides a charge of Re. 1 per bale. For the years 1950-51, 1951-52, 1952-53 and 1953-54 they were assessed to sales tax on the sale turnover of the packing material. The Sales Tax Appellate Tribunal held, that, though tobacco was exempt from sales tax, the packing material was not exempt and that, as the packing materials were transferred to the constitue...
Chandaji Kubaji and Company Vs. State of Andhra
Court: Andhra Pradesh
Decided on: Aug-08-1955
Reported in: [1956]7STC332(AP)
Subba Rao, C.J.1. This is a revision against the order of the Sales Tax Appellate Tribunal, Andhra, dismissing the application filed by the assessees under Section 12-A (6) of the Madras General Sales Tax Act for reviewing the order passed by the Tribunal in T.A. No. 702 of 1952.2. The petitioners were assessed to tax on a turnover of Rs. 28,69,151-6-10 for the year 1948-49 by the Deputy Commercial Tax Officer, Guntur. After filing an unsuccessful appeal to the Commercial Tax Officer, Guntur, they preferred an appeal to the Sales Tax Appellate Tribunal. Before the Tribunal, it was, inter alia, contended that, out of the total turnover, a sum of Rs. 10,45,156-4-9 related to the commission purchase of commodities taxable at the stage of sale under the Act on behalf of principals resident outside the State. But they neither placed before the Tribunal any material in support of that contention nor advanced any arguments in support of it. The Tribunal, therefore, rejected that contention. I...
In Re: Viggirala Danaiah and ors.
Court: Andhra Pradesh
Decided on: Aug-02-1955
Reported in: 1956CriLJ696
Chandra Reddy, J.1. These three appeals are directed against the orders in Cri. M. Ps. Nos. 40 to 42 of 1954 on the file of the Additional Sessions Judge, Guntur, directing complaints to be filed against the appellants for offences of perjury. The circumstances giving rise to these appeals are these:-2. In respect of an occurrence that took place in the Village of Etukuru, Guntur District, a charge-sheet was filed against 42 persons out of which 21 were discharged by the Committing Magistrate. The other 21 were put up for trial before the Additional Sessions Judge under various charges including one under Section 302,The Sessions Judge acquitted all except five on 4-2-1954. Some of the accused who were discharged by the Committing Magistrate and one who was acquitted by the Sessions judge took out applications on 13-2-1954 before the Additional Sessions Judge under Section 476, Cr. P.C. against witnesses who are alleged to have falsely implicated them in the case.After notice to the co...
Thavva Subrahmanyam Vs. Chenna Venkataratnam
Court: Andhra Pradesh
Decided on: Aug-01-1955
Reported in: AIR1956AP105
Subba Rao, C. J. 1. Umamaheswaram J. has referred this appeal to a Bench as, in the learned Judge's view, the question of law raised is one of importance and there was a conflict of authorities on the same.2. The relevant facts, that gave rise to the appeal, may be briefly stated. The plaintiff is a merchant of Kanuparthi dealing in salt and the defendant is a merchant of Bezwada dealing in the same commodity. The defendant was purchasing salt from the plaintiff and was paying amounts towards purchase price from time to time. On 27-8-1946, he issued a cheque on the Andhra Bank in favour of the plaintiff and the cheque was cashed and credited in the plaintiff's account on 27-8-1946. The suit was filed on 24-12-1948. The suit would be barred by limitation if the payment of Rs. 121-2-0 by the issue of a cheque did not operate as payment within the meaning of Section 20, Limitation Act. The short question, therefore, is whether a payment by cheque made by, a debtor in favour of a creditor ...
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