Andhra Pradesh Court March 1957 Judgments
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In Re: Mahbub Ali Khan
Court: Andhra Pradesh
Decided on: Mar-26-1957
Reported in: 1958CriLJ155
Manohar Pershad, J.1. Through a letter dated 1-7-1956, the District and Session Judge, Bidar, reported to the High Court, Hyderabad, that Shri Mahbub Ali, an advocate, having filed his vakalatnama on be-half of 13 accused in Murder Case No. 10/8/55, State v. Dev Rao and Ors. has failed to attend the Court on the dates of hearing, viz., 16-6-55 and 1-7-55; that he sent a telegram expressing his inability to attend the Court; that the case had to be adjourned; that the accused had informed that they had already paid their fees to the advocate and that the file also is with the advocate. The District and Sessions Judge requested that the High Court may call for an explanation of the advocate and take necessary action against him. A notice was issued to the advocate by the High Court calling on him to submit his explanation. The advocate, it appears filed a counter and later an affidavit. It is stated in the counter that one Shri Seethal Pershad was the principal lawyer on behalf of the ac...
indira Bai and anr. Vs. State of Madras (Now Andhra Pradesh)
Court: Andhra Pradesh
Decided on: Mar-22-1957
Reported in: [1958]9STC80(AP)
Jaganmohan Reddy, J.1. These are three plaintiffs' first appeals being A.S. No. 481/51 in O.S. No. 28/49, A.S. No. 295/52 in O.S. No. 34/50 and A.S. No. 296/52 in O.S. No. 100/49, against the judgment and decree of the Subordinate Judge, Kurnool, dated 22nd February, 1951, in the aforesaid three suits which were tried together by common consent. In O.S. No. 28/49 the plaintiff is Chunilal Lakshmichand Shah, partner of C. L. Shah & Co., purporting to file the suit on behalf of the dissolved firm and in O.S. Nos. 100/49 and 34/50, M/s. Kanti Brothers are the plaintiffs. All these suits were brought against the State of Madras in respect of the sales tax assessments. It was alleged in O.S. No. 28/49 that a sum of Rs. 16, 000 was collected from the firm by coercion for the year 1945-46 and with respect to O.S. Nos. 100/49 and 34/50 for the years 1947-48 and 1946-47, Rs. 37, 632-2-9 and Rs. 3, 402 were imposed respectively upon the plaintiffs and while in the former case steps were being ta...
In Re: Meenapati Daveed and anr.
Court: Andhra Pradesh
Decided on: Mar-22-1957
Reported in: AIR1959AP137; 1959CriLJ298
Krishna Rao, J.1. This appeal raises a question under Section 403, Criminal Procedure Code, The two appellants have been convicted in Sessions Case No. 3 of 1956 by the Sessions Judge, Nellore under Section 411, Indian Penal Code for having on 23-10-1955 dishonestly retained stolen property belonging to P.W. 1 Kancherla Subbayya of Katrayapadu. The theft took place on the night of 21-10-1955. The charge against the first appellant was in respect of a sari lost by the theft. The charge against the 2nd appellant was in respect of a pair of gold mattelu and another sari lost by the theft.The incriminating evidence against them was that on 23-10-1956, they offered to P.W. 5 some jewels and clothes for sale surreptitiously and when P.W. 5 detained them on suspicion, they were found in possession of these and other articles, which were traced to be stolen properties. The other stolen articles found in their possession belonged to one Lingamgunta Kondia of Katrayapadu, the theft at whose hous...
R.V. Rama Rao Vs. State by Dy. S.P., Vizianagaram
Court: Andhra Pradesh
Decided on: Mar-14-1957
Reported in: AIR1959AP124; 1959CriLJ288
ORDERKrishna Rao, J. 1. This is a petition filed under Sections 435 and 561A, Criminal Procedure Code, by the accused in C. C. No. 2497 of 1956 before the Stationary Sub-Magistrate, Kurnool, to quash those proceedings against him. The grounds urged for quashing are: (1) The prosecution is barred under Section 403, Criminal Procedure Code, as there was u previous acquittal of the petitioner for the same alleged offence under Section 47 of the Madras District Police Act, 1859; (2) The facts alleged against the petitioner do not come within the purview of the Madras District Police Act and therefore do not constitute an offence under Section 47; (3) The prosecution is barred by time under Section 53 of the Act.2. The facts necessary for appreciating the contentions raised are briefly these; On 26-7-1955, the petitioner, who styles himself as the Secretary of the All India Citizens' Association, Vizianagaram, sent a petition to the Inspector General of Police, Andhra State, Kurnool, allegi...
Koppuravari Venkateswarlu Vs. Ii Additional Income Tax Officer
Court: Andhra Pradesh
Decided on: Mar-12-1957
Reported in: [1957]32ITR644(AP)
Bhimasankaram, J.1. This is a petition under article 226 of the Constitution of India seeking the issue of a writ of prohibition restraining the II Additional Income-tax Officer from taking action against the petitioner under section 34 of the Indian Income-tax Act The facts are as follows : One of the sources of the petitioner's income is his share as partner of a registered firm Sri Lakshmi Narayana Shelling and Oil Mill Company, Siripuram. When the petitioner was assessed to income-tax for the assessment year 1951-52, on 22nd January, 1952, his income from that share was 'provisionally taken at Rs. 8, 831-0-0' and the assessment order contained this remark. 'Action under section 35 will be taken when correct share income is known.'2. On that basis, he was assessed to tax for that year and it is not disputed that the tax so determined was duly paid. The assessment of the aforesaid firm itself for that year was completed on 31st March, 1955, and from that assessment it was clear that ...
J.S. Basappa Vs. Provincial Government of Madras (Now Andhra Pradesh)
Court: Andhra Pradesh
Decided on: Mar-12-1957
Reported in: AIR1959AP192
Chandra Reddy, J.1. These appeals are from O. S. 14 of 1950, 44 of 1949 and 23 of 1949 respectively, and raise common questions of law. The parties are the same in all and so they can be disposed of together. Two out of the diree suits in which the appeals are brought were instituted against the Government for refund of sums of money collected by way of tax from him and the third for a declaration that the assessment of tax was illegal and for an injunction restraining the defendant from collecting the tax. O. S. No. 14 of 1950 giving rise to O.S. No. 568 of 1951 was brought for the recovery of Rs. 11,389-0-9 being the tax collected for the period 1944-45 while O. S. No. 44 of 1949 was laid for the recovery of Rs. 8,356-0-0 collected in the accounting year 1945-46. The third suit O. S. 23 of 1949 relates to the year 1946-47 and is laid for a judgment for a declaration and injunction as stated above. The plaintiff was a dealer in groundnut oil carrying on business at Kurnool. He purchas...
The State Vs. Shaik Dadan
Court: Andhra Pradesh
Decided on: Mar-05-1957
Reported in: 1958CriLJ15
Jaganmohan Reddy, J.1. These are nine appeals by the State against the judgment acquitting the accused, Shaik Dadan, of an offence under Section 409 I, P.C. Appeals Nos. 152/5 of 1956, 151 of 1956, 169/56 and 167/56 are from the judgment of acquittal of the Munsif-Magistrate Warangal. Criminal Appeals Nos. 116/56 and 168/56 are from the judgment of acquittal by the Add], Munsif Magistrate, Warangal, while appeals Nos. 184/56, 192/56 and 147/56 are from the judgment of acquittal by the Sessions Judge, Warangal, in appeals Nos. 175/6/55, 174/0/ 55 and 169/6/55 from from a judgment of the Spl, Magistrate, Warangal who had convicted the accused of offences under Sections 409 I.P.C. and 477-A I.P.C. and sentenced him t'3 six months' R.I. and a fine of Rs. 1000/- and in default to undergo a further period of R. I. for six months.There is also a reference No. 344/7 of 1358 toy the Spl. Magistrate, Warangal under Section 432 in a such as an important point of law as to whether Section 5(1)(c) ...
Agurchand Bhomraj Sowcar Vs. Deochand and anr.
Court: Andhra Pradesh
Decided on: Mar-01-1957
Reported in: AIR1960AP101
ORDERUmamaheswaram, J.1. This second appeal raises an important and difficult question of law. In order to appreciate the question, it is necessary to set out a few relevant facts.2. The appellant herein had dealings with the respondents. Monies were borrowed by the respondents on khatha and also by pledging gold from time to time. While the pledge transactions carried lesser interest, higher interest was payable on khatha dealings. The case of the appellant is that as a result of an arrangement between the parties, the interest on pledge transactions were carried over to the khatha account and that the respondents were liable to pay higher rate of interest. The appellant produced his account books and examined himself as P. W. 1. He also produced correspondence to show that entries were made in his accounts in accordance with the arrangement. He strongly relied upon a letter written by the respondents dated 26-12-1958 and marked as Ex. A-8 in which it was stated by the respondents tha...
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