Andhra Pradesh Court October 1958 Judgments
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In Re: Vajrala Koti Reddi and ors.
Court: Andhra Pradesh
Decided on: Oct-31-1958
Reported in: AIR1960AP76
Manohar Pershad, J.1. Thirty three accused persons including the present appellants were charged for the murder of Venkata Reddy and China Venkaiah and for causing injuries to P. Ws. 2, 3 and 4. The learned Sessions Judge, Guntur found Accused 2,4,8,10,11,13,14, 16,18,20,22, 28 & 31 guilty and convicted Accused 2 under Sees. 148, 307 (read with Section 149) and 302 (read with Section 149), I.P.C., and sentenced him to rigorous imprisonment for one year, rigorous imprisonment for two years and to suffer death respectively and convicted Accused 4, 8, 10, 11, 13, 14, 16, 18, 20, 22, 28 and 31 under Sections 148, 307. read with Sections 149 and 302 read with Section 149 and sentenced each of them to rigorous imprisonment for one year, two years and imprisonment for life respectively and the sentences were ordered to run concurrently. The learned Judge acquitted the rest of the accused. The case is now before us for confirmation. The accused also have filed separate appeals -- Appeal No, 23...
In Re: Govind Rao
Court: Andhra Pradesh
Decided on: Oct-31-1958
Reported in: AIR1959AP428; 1959CriLJ958
ORDERMunikannaiah, J. 1. The petitioner herein is a Revenue Inspector in Madak District. In Criminal Case No. 26/2 of 1957 pending before the Munsif-Magistrate's Court, Vikarabad, against another person for an offence under Section 447 of the Indian Penal Code, the prosecution took out summons to the petitioner to figure as a witness. The summons was sent through a constable for service on the petitioner. That constable went to Sangareddy and found the petitioner engaged with the Tahsildar as he was Helping the latter in his official work. The petitioner did not immediately come out and attend to the police constable and accept the service of summons, but wanted the police constable to wait as ho was busy assisting his boss. The constable left the place and reported that the petitioner refused to receive the summons. On this the Munsif-Magistrate, Vikarabad. instituted proceedings under Section 485A of the Code of Criminal Procedure against the petitioner and convicted him of the offen...
Konakalla Pentayya Vs. Commissioner, Masulipatnam Municipality
Court: Andhra Pradesh
Decided on: Oct-30-1958
Reported in: (1959)ILLJ364AP
C.J.1. This is a petition for the issue of a writ of mandamus directing the respondent to restore the petitioner to his office, etc.2. The petitioner was entertained as a peon in the office of the municipality of Masulipatnam. Later on, he was promoted as an encroachment inspector. In that capacity, he collected large sums of money from the people of Masulipatnam by way of licence fees and misappropriated the same without remitting them Into the office. When these complaints reached the Commissioner of the municipality, he started an enquiry and, pending that, the petitioner was suspended on 14 October 1953 for a period of two months. Shortly thereafter a complaint was lodged against the petitioner in the concerned police station. Simultaneously charges wore also framed by the Commissioner against the petitioner and he was called upon to submit his explanation. The criminal case ended in the discharge of the petitioner. Shortly thereafter the petitioner was required to submit his expla...
Narasaraopet Electric Corporation Ltd. Vs. State of Andhra (Now Andhra ...
Court: Andhra Pradesh
Decided on: Oct-30-1958
Reported in: AIR1959AP328
P. Chandra Reddy, C.J.1. In these petitions under Article 226 of the Constitution the Narasaraopet Electric Corporation Ltd., represented by its Managing Director attacks the constitutionality of the Andhra Electricity Supply Undertakings (Acquisition) Act (XV of 1954).2. The petitioner was incorporated as a public limited company on 14th December, 1935, inter alia, with the object of supplying electricity to the town of Narasaraopet. After complying with Certain formalities as required by the provisions of the Indian Electricity Act, 1910, the petitioner obtained a licence from the Government under G. O. 968 dated 21st April, 1936. That licence contained Certain conditions and privileges but it is unnecessary for us to refer to all of them, except the one which says that the corporation was liable to be taken over by the Government after the expiry of twenty years.It also provided that when the undertaking is purchased, compensation should be paid at the market value in addition to a ...
Prakasam K. Vs. State of Andhra (Department of Home Affairs)
Court: Andhra Pradesh
Decided on: Oct-28-1958
Reported in: (1959)IILLJ271AP
Satyanarayana Raju, J.1. This is a petition under Art. 226 of the Constitution, for the issue of a writ of certiorari to quash the order of dismissal passed against the petitioner by the District Superintendent of Police, Railways, on 16 April 1950.2. The petitioner was enlisted as a railway police constable on 31 December 1939 and every since he served at various places. On 13 October, 1948, he was transferred from Vijayawada to Donkonda as station writer at the railway police station. On 12 November, 1948, an incident took place which eventually led to a charge being framed against the petitioner, namely, that he put up a false and vexatious trespass case against a Spencer's waiter at Donakonda. The other incident, which was the subject-matter of the second charge against him was that on 7 February, 1949 he 'hushed' up a cognizable offence of the theft of a trunk from a third class compartment. On 7 October, 1949, the petitioner was communicated the charges framed against him and he ...
In Re: Abdul Khader
Court: Andhra Pradesh
Decided on: Oct-27-1958
Reported in: AIR1959AP241; 1959CriLJ561
ORDERMuni Kanniah, J.1. The petitioner was convicted by the Judicial First Class Magistrate, Adoni for all offence under Section 14 read with Clause (c) of Sub-section (2) of Section 3 of the Foreigners Act of 1940, and sentenced to undergo rigorous imprisonment for eighteen months. On appeal, the Sessions Judge of Kurnool confirmed the conviction and sentence imposed on the accused. Hence this revision application.2. The petitioner came to Adoni from Pakistan on 20-1-1955. He had a Pakistan passport No. 250660 dated 10-1-1955 and 'C' visa No. 2657 dated 14-1-1955 which was valid upto 14-4-1955. He did not go to Pakistan after the expiry of his visa but applied for extension on medical grounds till 2-9-1957. He had therefore to be served with a quit order directing him to leave India after One month from the date of service of that order. This quit order dated 9-8-1957 was served on him on 3-9-1957. As he disobeyed this order and still remained at Adoni, he was prosecuted.The defence i...
Dr. K.A. Ramiah Vs. Government of Andhra Pradesh (Health Department)
Court: Andhra Pradesh
Decided on: Oct-16-1958
Reported in: (1959)IILLJ261AP
Srinivasachari, J. 1. This is a petition filed on behalf of one Ramiah, Assistant Health Officer, in Guntur, praying that a writ of certiorari or any other appropriate writ or direction be issued and to quash the order of the Government of Andhra dismissing him from service.2 The petitioner was a second-class health officer working in the Health Department. While he was the Assistant District Health Officer at Guntur it is stated that he claimed and drawn false travelling allowance for certain journeys performed by him in August and September, 1951. This relates to charge against the petitioner which was subject-matter of Department Enquiry Proceedings No. 56 of 1952. Another charge was made against the petitioner which was the subject-matter of D.E. No. 5 of 1953 and this related to a charge of misappropriation of large quantities of paludrine tables and his having made fictitious entries in the distribution register while he was the Maharashtra Health Officer at Repalle. In E.E. No. ...
A. Muralidhar and ors. Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Oct-16-1958
Reported in: AIR1959AP437
P. Chandra Reddy, C.J.1. This petition is filed for the issue of a writ of certiorari to quash the proceedings relating to selection of candidates for admission into the First year M.B.B.S., course in Osmania Medical College and Gandhi Medical College, Hyderabad for the academic year 1958-59 by deleting the G.O. Ms. No 1071, (Health) dated 26-5-1958. The petitioners, four in number, are Graduates of the Osmania University who have passed B. Sc. Examination. In that examination, the 1st and 2nd petitioners have secured 61.2% marks in the Optionals, the 3rd petitioner 59% and the 4th 58.7% marks. In answer to a notification D/-1-6-1958 calling for applications for admission into the first year M.B.B.S. course in the aforesaid Medical Colleges commencing from July, 1958, the four petitioners sent in their applications to the Principal of the Osmania Medical College.They were not called for the interview held by the Selection Committee for selecting candidates. This was obviously for the r...
Lakshminarasimham (G.) Vs. State of Andhra
Court: Andhra Pradesh
Decided on: Oct-15-1958
Reported in: (1959)ILLJ9AP
Chief Justice 1. This is an application under Art. 226 of the Constitution of India for the issue of a writ of mandamus directing the respondent to reinstate the petitioner in the post of Co-operative Sub-Registrar, Vijayawada.2. The petitioner entered service as a junior inspector of co-operative societies in the year 1932 and was promoted as senior inspector in December, 1944. Sometime later, i.e., on 13 July, 1946, he was appointed as Secretary to Kalidindi Land Colonization Society for Ex-service Men and he worked in that capacity till 6 March, 1950. During this period, he was given a further promotion as co-operative sub-registrar. After he was relieved from that office, he seems to have been directed to hold an enquiry into the affairs of Central Cooperative Stores, Vijayawada. Whilst things stood thus, he received a notice from the Registrar of Co-operative Societies to the effect that he was suspended in view of certain charges that were pending against him. This was on 7 March...
State of Madras (Now Andhra Pradesh) Represented by the District Colle ...
Court: Andhra Pradesh
Decided on: Oct-15-1958
Reported in: AIR1960AP203; [1959]10STC210(AP)
Manohar Pershad, J.1. This appeal on behalf of the State arises out of O. S. 95 of 1950 filed by Messrs. Batchu Subbarao and Co., the assesses for a declaration that the assessment of sales tax for the year 1948-49 so tax as the turn-over of Rs. 9,46.104-10-9 is concerned, was ultra vires illegal and void. The plaintiff's case was that to the extent of Rs. 8,27,504-3-3 tie turn-over related to sales of vegetable oils to purchasers outside the Province of Madras. The oils were consigned by the plaintiff 'to self' to places outside the province.The Railway receipts in respect of these consignments were sent to banks outside the province with Hundis drawn for the price. The purchaser could become entitled to delivery of the goods after paying the hundi and taking delivery of R. Rs. The property in the goods did not therefore pass to the) buyers within the province and as such there were no sales in respect of these transactions within the province to be validly assessable to sales tax her...
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