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Andhra Pradesh Court July 1957 Judgments

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Jul 31 1957

In Re: Chervirala Narayan

Court: Andhra Pradesh

Decided on: Jul-31-1957

Reported in: 1958CriLJ476

K. Subba Rao, C.J.1. The accused was convicted under Section 302, IPC and sentenced to death by the Sessions Judge, Medak District.2. The version of the prosecution may be summarised thus. The accused is the husband of the deceased. P.Ws. 9 and 10 are the parents of the deceased and are residents of the village of Ailure. After some persuasion and with reluctance, they allowed the accused and his sister P.W. 7 to take the girl to the house of P.W. 7 at Venkatataipalli for performing the nuptials of the deceased. After the nuptials, the couple lived together amicably for a few days. Suspecting that the girl had illicit intimacy with the son of the Dora of Ailure and had become pregnant by him, on the night of 9-12-1955 the accused strangled her to death. The learned Sessions Judge accepted the evidence produced on the side of the prosecution and convicted the accused and sentenced him as aforesaid.3. There are no eye witnesses to the occurrence. The case falls to be decided on circumsta...


Jul 31 1957

In Re: K. Jayarama Iyer

Court: Andhra Pradesh

Decided on: Jul-31-1957

Reported in: 1958CriLJ1290

ORDERKumarayya, J.1. This is a petition to revise the order of the District Magistrate, Hyderabad City dated 22-12-1955. The short point for determination is, whether the learned Magistrate was right in holding that the sanction purporting to have been given by the Central Government on 19-11-1951 signed by the Secretary to the Government of India in Ministry of Communication, is a legal, valid and proper sanction sufficient in law to give jurisdiction to the Magistrate to try the accused-petitioner for the offence as alleged in the charge sheet filed on 13-10-1952.2. To appreciate the argument advanced it is necessary to state the facts as mentioned in the challan which reads as follows:1. The accused Major K. Jayaram Iyer, a public servant in the employ of the Central Government, just after Police Action, took over the administration of the Post Offices at Hyderabad in the capacity of a Liaison Officer on 18-9-1948 and assumed charge as the Post-Master General of the Hyderabad State ...


Jul 26 1957

The State of Madras (Now Andhra Pradesh) Represented by Dist. Collecto ...

Court: Andhra Pradesh

Decided on: Jul-26-1957

Reported in: AIR1959AP23; [1958]9STC54(AP)

Chandra Reddy, J.1. These four are analogous appeals raising a point whether certain sales took place within the State of Madras under Section 2 (h) of the Madras General Sales Tax Act. They are brought by the State against the judgment of the District Judge, Visakhapatnam, allowing the claims of the plaintiffs for refund of the amounts collected by way of sales-tax. The facts of these cases need not be restated elaborately nor is it necessary to recapitulate the details peculiar to individual cases.It is sufficient to relate the common features of all the cases as the question involved in them is the same. In fact all the suits were tried together, evidence having been adduced in one soft (O. S. 1 of 1051) and disposed of by a common judgment. The suit related to the assessment year 1947-48 and the assessees are residents of Anakapally. They were all merchants dealing in jaggery, The undisputed facts are that the buyers from outside the State would come to Anakapally or sent their age...


Jul 19 1957

S. Kameshwaramma Vs. S. Subramanyam and ors.

Court: Andhra Pradesh

Decided on: Jul-19-1957

Reported in: AIR1959AP269

K. Subba Rao, C.J.1. This is a plaintiffs appeal against the decree and judgment of the Court of the Subordinate Judge, Kaklnada, dismissing O. S. No. 137 of 1950 filed by the appellant in forma pauperis for recovery of maintenance at an enhanced rate.2. The plaintiffs husband late Achanna and defendants 1 to 3 are members of a joint Hindu family. Plaintiffs husband died in the year 1916 without issue. After his death, the plaintiff filed O. S. No. 41 of 1923 for recovering maintenance from the members of the family. That suit was compromised and. under the compromise decree made on dated 2nd August 1924, she was awarded maintenance at the rate of Rs. 240/- per year. It was also agreed between the parties that the plaintiff should not raise any dispute claiming enhanced rate of maintenance and the dependants should not raise any dispute for reducing that rate. Pursuant to the compromise, the plaintiff had been receiving maintenance at the agreed rate till she filed the present suit. In...


Jul 08 1957

Fatima Begum Vs. the Commissioner of the Hyderabad Municipal Corporati ...

Court: Andhra Pradesh

Decided on: Jul-08-1957

Reported in: 1958CriLJ349

Subba Rao, C.J.1. This is a petition under B. 5 of the Contempt of Courts Act to punish the respondent for contempt of the orders of the High Court of Hyderabad.2. The petitioner took a permanent lease of a plot of land bearing No. 24 and measuring 6452 Sq. yds. situated in Khairtabad, Hyderabad under a registered lease deed dated 2nd July 1948. In the year 1949. she applied to the Commissioner, Hyderabad Municipal Corporation, for permission to construct a cinema hall in the said plot. After correspondence, the said Municipal Corporation did not give the permission. Thereupon, she filed a petition under Article 226 of the Constitution of India in the High Court of Hyderabad for the issue of a writ of mandamus directing the respondent, the Commissioner of Hyderabad Municipal Corporation, to grant her the necessary permit. A Division Bench of the Hyderabad High Court consisting of the Chief Justice and Srinivasa Chari J. made an order dated 26-7-1956 allowing the writ petition.They dire...


Jul 03 1957

Bangaru Reddy and anr. Vs. the State

Court: Andhra Pradesh

Decided on: Jul-03-1957

Reported in: AIR1959AP95; 1959CriLJ166

ORDERKumarayya, J.1. The only point involved in these references is whether the learned Magistrate, having signed, dated and pronounced his judgment, which did not contain the operative portion of it viz., the particulars of Sub-section (2) of Section 367 of the Code of Criminal Procedure, had power to add to that judgment by a separate order after the accused and the advocates had made their .signatures thereon and were not informed that there was an additional order to be passed in continuation of this judgment nor was the time fixed at which it shall be passed. The learned District Magistrate is of the view that this addition is a serious irregularity sufficient to vitiate the order, and the judgment should, therefore, be set aside.2. The facts are that the accused were charged with an offence under Section 160, I.P.C. and the case was tried summarily against them. Some of the accused had admitted their guilt while others did not; and the learned Magistrate, on the evidence, carne t...


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