Andhra Pradesh Court December 1956 Judgments
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State of Andhra (Now Andhra Pradesh) Vs. Bellamkonda Venkata Subbaiah ...
Court: Andhra Pradesh
Decided on: Dec-28-1956
Reported in: [1957]8STC309(AP)
Srinivasa Chari, J. 1. This judgment will govern T.R.C. Nos. 32 and 33 of 1956. The respondent in Tax Revision Case No. 32 of 1956 was charged for wilful submission of untrue returns and for not keeping a true and correct account as required by section 13 of the Madras General Sales Tax Act. The prescribed authority purporting to act under section 16(b) of the Act proposed a sum of Rs. 940 for the composition of the offence and this was confirmed by the Commercial Tax Officer on appeal. The dealer appealed to the Tribunal urging that the composition amount was excessive.2. In T.R.C. No. 33 of 56 the offence was for failing to include particular items in the turnover and suppressing in the turnover of Rs. 10, 000. In the appeal preferred by the dealer against the order of the prescribed authority fixing the amount of composition, the Tribunal reduced the amount to Rs. 500.3. A preliminary objection in both these appeals was raised on behalf of the State that no appeal lay. This objectio...
Mohd. Abdul Ghani Hamid Vs. the State
Court: Andhra Pradesh
Decided on: Dec-27-1956
Reported in: 1957CriLJ703
Subba Rao, C.J.1. This is an application under Article 226 of the Constitution of India for issuing a writ of Habeas Corpus for the immediate release of the petitioner who is now detained in the Hyderabad Central Jail, Chenchalguda.2. The petitioner is a Muhammadan and a Deendar by creed. He was detained once in 1935 and on the second occasion in 1945 in the North West Frontier Province for preaching Deendar Creed. He was also detained in the general round up immediately after the police action. There is no record of his subsequent activities. But, it appears that, after release, he left for Pakistan. He came back to India in October 1954 holding a category V Visa granted to him on 6-10-1956 on his Pakistan passport NO. 361398 by the Indian High Commissioner at Hyderabad (Sind). On his application, the said visa was extended up to 20-12-1956. On 17-2-1956, he asked for further time till the end of June 1956, on the ground that his daughter was seriously ill. But, the Government of Indi...
Mahomed Ali Vs. the State
Court: Andhra Pradesh
Decided on: Dec-27-1956
Reported in: 1957CriLJ706
ORDER1. This is an application in revision by one Muhammed Ali and it is directed against the order dated 17th August 1954 of the Chief City Magistrate, Hyderabad whereby he dismissed the petitioner's application dated 5th July 1954 praying that money lying with the court below be refunded to him in the result of his acquittal.2. Before adverting to the question involved herein, it may be mentioned that the petitioner was charged with offences falling under Sections 400 and 353 of the Hyderabad Penal Code for having obtained the sum claimed by cheating and fabrication of false document. On conclusion of the trial, he was found guilty of the said offences and sentenced to four years' rigorous imprisonment. That conviction and sentence was upheld on appeal. On a revision filed in this Court it was found that the Chief City Magistrate has no jurisdiction to try the petitioner and we by our judgment and order dated 18th June 1954 for reasons stated therein, acquitted him. The Trial Magistr...
Nawab ZaIn Yar Jung and ors. Vs. Dr. Raghotam Rao
Court: Andhra Pradesh
Decided on: Dec-26-1956
Reported in: 1957CriLJ935
ORDERSatyanarayana Raju, J.1. This is a reference made by the District Magistrate, Hyderabad City, under Section 438 of the Criminal P. C.2. On the 10th of June, 1955, a complaint was laid against the petitioners alleging an offence under Section 500 of the Indian Penal Code, Summonses were issued by the City Magistrate wherein the, petitioners were asked to appear before the Court of the City Magistrate on the 27th June, 1955. On that date, the learned advocate for the four petitioners filed an application before the City Magistrate for exempting the attendance of the petitioners. The City Magistrate passed an order on the 27th June, 1955, directing the petitioners to attend the Court in person on the next hearing day and execute personal bonds.This, according to the City Magistrate, was 'with a view to impress upon the people that justice is not only being done but it is done to the satisfaction of all.' As against the said order of the City Magistrate, the petitioners preferred a re...
Koppala Venkataswami Vs. Satrasala Lakshminarayana Chetti and anr.
Court: Andhra Pradesh
Decided on: Dec-20-1956
Reported in: AIR1959AP204; 1959CriLJ428
K. Subba Rao, C.J. 1. This is a plaintiff's appeal against the decreeand judgment of the Court of the District judge,Anantapur, in O.S. No. 6 of 1951, a suit fifed by the appellant to recover a sum of Rs. 29,264-0-8from the defendants. 2. The defendants are the partners of a firm carrying on business under the name and style of 'S. Lakshminarayana Chetti, V. Hanumanthayya Chetti, Thimmancherla.' The plaintiff is a businessman residing at the same place. The plaintiffs case is that the 1st defendant, on behalf of the firm, entered into an agreement with the plaintiff on 19-7-1947 to buy 2000 bags of coriander seeds, each bag containing 40 seers at Rs. 28-10-0 per bag and to take delivery of the same on or before 30-10-1947. Alleging that the defendants denied that they entered into any such, contract with the plaintiff, the plaintiff filed the aforesaid suit for recovery of damages being the difference between the contract rate and the market rate. 3. The defendants denied that they ent...
In Re: Bagepalls Chengappa
Court: Andhra Pradesh
Decided on: Dec-18-1956
Reported in: 1958CriLJ473
Chandra Reddy, J.1. This is a case of a wife's murder. The appellant was charged under Section 302 for the murder of his wile said to have been committed on the 1st April, 1956 and also under Section 309. Indian Penal Code, for attempt to commit suicide after stabbing his wife. The deceased, the daughter of P.Ws. 13 and 4, father and mother respectively was married to the accused a year prior to the occurrence. Ever since she went to live with her husband, the deceased was being beaten and ill-treated by the accused. She often complained to her parents about this maltreated and when she came to her parents' house she was unwilling to go back to her husband on two or three occasions but the parents persuaded her to go to her husband's house.Ten days before the event, P.W. 13 brought her for a festival. The accused also came there later for the festival. Two days after the festival, the accused wanted to take the deceased with him, but she refused to go protesting that she was suffering ...
The Government of Andhra (Now Andhra Pradesh) Vs. East India Commercia ...
Court: Andhra Pradesh
Decided on: Dec-17-1956
Reported in: [1957]8STC114(AP)
ORDERSubba Rao, C.J.1. These are revisions against the orders of the Andhra Sales Tax Appellate Tribunal setting aside the orders of the Deputy Commissioner including the payments collected by the respondent as dharmam in his total turnover. The Tribunal found the following facts on the materials placed before them :(1) That charity has been paid as a matter of custom from customers voluntarily,(2) that it is not shown that it is a part of the price though it is separately shown as an item by itself, and(3) that it has not gone into the pockets of the sellers as part of the price but is used for purposes of charity as earmarked in the account books of the assessees.2. On those findings, the Tribunal held that the items described as dharmam should be excluded from the assessable turnover.3. Learned Government Pleader contends that in view of the amended definition of the term 'turnover', any sum collected by a dealer in respect of the goods sold at the time of or before the delivery of ...
Vijaya Prakash Chella Balwant Girji Vs. Hyderabad Municipal Corporatio ...
Court: Andhra Pradesh
Decided on: Dec-13-1956
Reported in: 1957CriLJ936
ORDERKumarayya, J.1. This is a Revision Petition against the Older of the Municipal Magistrate, Hyderabad. Vijaya Prakash, as the proprietor of Chandra Bhan Hotel, Begum Bazar, was prosecuted for breach of Rules 3 and 7 of Kawaid Darulttam but was sentenced for contravention of bye-law 8 read with Rule 11 of Kawaid Darulttam Hotel, to a fine of Re. 0-8-0 daily from 8th September, 1955 till the date of judgment by the Municipal Magistrate, Hyderabad. Several pleas were raised before the Magistrate, during the course of the proceedings, It was alleged inter alia that the Municipal Court had no jurisdiction as Vijaya Prakash happens to be a minor. The Court below observed that on a previous occasion Chandra Bhan had appeared before the Court and paid the fine without any demur, and even in the present case he is attending the Court as the guardian, and as such he would be responsible for consequences. With these observations, the learned Magistrate sentenced Vijaya Prakash as detailed abo...
Kingam Savaranna Vs. State and anr.
Court: Andhra Pradesh
Decided on: Dec-07-1956
Reported in: 1957CriLJ937
ORDERKrishna Rao, J.1. This is a petition to revise the judgment of the Sessions Judge, Visakhapatnam allowing an appeal filed by the petitioner against his conviction and sentence for an offence punishable under Section 406, Indian Penal Code, but ordering at the same time a further enquiry by a Magistrate into the case,2. The case was the result of a private complaint made on 1st, March, 1955, by P.W. 1 Appamma to the Sub-Divisional Magistrate, Srikakulam. Her story so far as it is now material, is that she lent the petitioner four of her gold jewels weighing about 20 tolas for being worn by his daughter during a function and that when she asked for the return of the jewels a few days later, the petitioner flatly denied having taken them. P.Ws. 2 and 3 who reside in the village spoke to have been fortuitously present at the time of the entrustment of the jewels and to having accompanied P.W. 1 when she unsuccessfully demanded their return. The petitioner's plea wag that a false case ...
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