Andhra Pradesh Court November 1958 Judgments
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In Re: Amba Rao
Court: Andhra Pradesh
Decided on: Nov-28-1958
Reported in: AIR1959AP235; 1959CriLJ558
ORDERS.R. Nayudu, J. 1. This criminal revision petition is filed against the order of the Dist. Magistrate Hyderabad City dated 28-11-1957 rejecting the objections taken by the petitioner herein to the said Dist Magistrate proceeding with the complaint filed against the petitioner by the Deputy Registrar of this Court.2. The facts out of which this revision has arisen are as follows: The petitioner filed a claim before the Claims Commissioner appointed by the Government under the provisions of the Indian Railways Act to enquire into and to decide the claims arising out of the railway accident which took place on 27-9-1954 at Jangaon. In this accident u large number of passengers travelling by train lost their lives.The petitioner claimed that he was the brother of one Hanumantharao who was a passenger on the train which was involved in this accident and that the said Hanuamantharao lost his life and belongings in this disaster. The Claims Commissioner who was vested with the jurisdicti...
Kumari Akhtar Vs. Admission Committee Represented by the Principal, Os ...
Court: Andhra Pradesh
Decided on: Nov-28-1958
Reported in: AIR1959AP493
P. Chandra Reddy, C.J.1. This is a petition under Article 226 of the Constitution for the issue of a Writ of mandamus directing the respondents to consider the application of the petitioner and pass order thereon.2. The Principal of Osmania Medical College, Hyderabad catled for applications for admission into the two Medical Colleges in the city of Hyderabad, the last date for the receipt of applications being 25-6-1958. The petitioner, who secured 59 per cent of marks in Part III of the Intermediate Examination consisting of Physics, Chemistry and Biology, applied for a seat in answer to that notification. She was one of those who were interviewed by the Selection Committee and was awaiting receipt of orders. She seems to have been selected for admission into the college. It is stated in the affidavit filed in support of the petition and which is not denied by the respondents that she secured the ninth rank in the list of candidates selected from the Marathwada area.3. At this stage, ...
Padarthi Venkateswara Rao and anr. Vs. the Deputy Commissioner of Comm ...
Court: Andhra Pradesh
Decided on: Nov-26-1958
Reported in: [1959]10STC162(AP)
ORDERThe Order of the Court was pronounced bySatyanarayana Raju, J.1. The petitioner, hereinafter referred to as the assessee, is a firm carrying on business at Eluru in the District of West Godavari, and has filed the present petitions under Article 226 of the Constitution for the issue of a writ of prohibition or other appropriate writ restraining the Commercial Tax Officer, Eluru, from collecting sales tax for the years 1951-52 and 1952-53.2. The assessee was assessed to sales tax on a turnover of Rs, 1,91,985-5-1 for the assessment year 1951-52 and on a turnover of Rs. 4,37,156-7-8 for the assessment year 1952-53 on 11 th February, 1953, and 30th March, 1954, respectively. Subsequently, on 27th August, 1954, the Special Assistant Commercial Tax Officer made a surprise inspection of the business premises of the assessee and recovered two account books containing transactions in paddy and castor-cake for the year 1954-55. On 25th September, 1954, the officer made a second inspection ...
In Re: Osaman Ali
Court: Andhra Pradesh
Decided on: Nov-26-1958
Reported in: AIR1959AP520; 1959CriLJ1138
ORDERSanjeeva Rao Nayudu, J.1. The simple point that arises for consideration in these Revision Petitions is whether the prosecution in respect of two charges of criminal misappropriation should not be allowed to proceed with and should be quashed in view of the fact that two other charges of criminal misappropriation against the same accused have ended in acquittal.2. The main ground that is urged on behalf of the petitioner is, that Section 222(2) of the Code of Criminal Procedure, permitted the inclusion of a gross sum in respect of which the offence of criminal misappropriation is alleged to have been committed within a period of one year, without having to specify the particular items and the exact dates, and the charge so framed shall he deemed to be a charge for an offence within the meaning of Section 234, Criminal P. C.From this it is contended by the learned counsel for the petitioner, that as the prosecution could have preferred one charge in respect of the gross amount made...
In Re: Dandamudi Sarojini Devi
Court: Andhra Pradesh
Decided on: Nov-25-1958
Reported in: AIR1960AP34
Munikannaih, J.1. In this application, filed under Section 151, C. P. C. the petitioner prays for the issue of the necessary certificate for refund of the court-fee paid in S. R. No. 18129 of 1956.2. The counsel for the petitioner has argued before me that the first appeal filed by him was not numbered or heard by this Court, that the memorandum of appeal has been stamped with the court-fee, that the court-fee stamps have been defaced by the High Court office in the usual course of routine and that his purpose in filing this petition is to get a certificate so that he can approach the Government with that certificate for refund of the money which he had invested on the stamps less deduction at the rate of one anna in the rupee.For this he relies upon the decision in Naga-ratnam, In re, : AIR1950Mad629 , where Panchapakesa Aiyar, J., has pointed out that there could possibly be no objection by courts to grant such certificates.3. The Government Pleader opposes the application on the gro...
State of Madras (Now the State of Andhra Pradesh) Vs. Kasam Ayub
Court: Andhra Pradesh
Decided on: Nov-25-1958
Reported in: [1959]10STC190(AP)
Chandra Reddy, C.J. 1. This revision petition is filed against the order of the Sales Tax Appellate Tribunal, Madras, and it raises a question relating to the interpretation of section 7 of the Madras General Sales Tax Act, 1939, read with rule 9 of the Rules framed under the Act. The question arises in the following circumstances. 2. The respondent was a dealer in groundnuts and groundnut oil and was exporting groundnut oil to places outside the State of Madras. In regard to sales of oils, he claimed exemption based on provisions of law which will be referred to presently, in a letter which he annexed to From A3 which discloses the total turnover of the assessee. This letter did not contain all the particulars that were required to enable the Department to fix the amount to be allowed by way of rebate. On receipt of this letter, the Deputy Commercial Tax Officer made an endorsement on that letter to the following effect : 'He should apply separately in the prescribed form under rules....
B. Veeraswamy and ors. Vs. State of Andhra Pradesh Represented by Its ...
Court: Andhra Pradesh
Decided on: Nov-20-1958
Reported in: AIR1959AP413
OPINIONSatyanarayana Raju, J.1. The following question has been referred to the Full Bench:'Whether the State Government can authorise the Regional Transport Officer to exercise the powers and discharge the functions of the State Transport Authority under Sections 48A, 51A and 56A of the Motor Vehicles Act?2. The factes relevant for the consideration of the question may he stated: Respondents 3 and 4 are holders of two stage carriage permits on the route Gujjanagundla to Old Guntur via Stall Girls School. By their applications, dated 5th May, 1956, they applied to the Regional Transport Officer, Guntur for variation of the route by extending it to Nambur Railway Station. In his proceedings, dated 22nd August, 1956, the Regional Transport Officer refused the applications of respondents 3 and 4 to extend the route. The two operators thereupon preferred revision petitions to the Government of Andhra. By their order dated 24th October, 1956, the Government set aside the order of the Region...
Akasam Surya Rao Vs. Manthena Rama Raju
Court: Andhra Pradesh
Decided on: Nov-20-1958
Reported in: AIR1959AP495
ORDERRanganadham Chetty, J.1. A question of court-fee is raised by the petitioner who is the plaintiff in this suit.2. The suit was filed for cancellation of a deed of exchange dated 11-11-1953 executed by 'the plaintiff and the defendant and for recovery of possession of the A schedule property which is in the hands of the defendant. He is prepared to surrender possession of the B schedule property which he had taken under the aforesaid exchange.3. The deed of exchange mentions on its face the value as Rs. 20,000/-. Obviously what is meant is that the value of each of the two schedules is Rs. 20,000/-. That is conceded by the plaintiff. The suit is pending. At one stage, a commissioner was appointed for valuation of the two schedules and he has reported that the value of the A schedule property which is sought to be recovered from the defendant is Rs. 59,160/- while the B schedule now in the hands of the plaintiff, has been assigned a value of Rs. 32,180/-.The plaintiff has offered to...
Mahant Narayana Dessjivaru Vs. State of Andhra, Hyderabad and ors.
Court: Andhra Pradesh
Decided on: Nov-19-1958
Reported in: AIR1959AP471
P. Chandra Reddy, C.J.1. This is a petition under Article 226 of the Constitution of India by the Mahant, Sri Hathiramji Mutt, Tirupati, for a declaration that the Madras Hindu Religious Endowments Act of 1923, Madras Act I of 1925. Madras Act II of 1927, Madras Act XIX of 1933, Madras Act XIX of 1951 and Andhra Act VII of 1954, in so far as they are inconsistent with the Constitution, are ultra vires and inoperative. In order to appreciate the contentions urged in support of this petition, it is useful to notice the historical background of the case.2. On a range of hills called Tirumali hills, the ancient and the famous shrine of Lord Venkatesh-wara is situate, This was founded in the hoary past and it is not known when exactly it came into existence. Originally the Temple seems to have been under the management of the local rulers for the time being. After the advent of the British, the management was with the East India Company. After the Regulation, VII of 1817, was passed, the ad...
Yuganadhara Rao M. Vs. Government of Andhra (Health and Local Administ ...
Court: Andhra Pradesh
Decided on: Nov-18-1958
Reported in: (1959)IILLJ267AP
P. Chandra Reddi, C.J. 1. This petition under Art. 226 of the Constitution is directed against the discharge of the petitioner from service.2. The petitioner was appointed an executive officer (grade III) of the Pamidi Panchayat on 5 June, 1952. While he was working as the executive officer of Panukonda Panchayat, it was discovered that he committed several irregularities in the discharge of his duties and also misappropriated funds, falsified accounts and manipulated the records. Pending further action against him, he was suspended. On 17 February, 1954, charges were framed and served on the petitioner and he was called upon to explain. The petitioner in reply stated that, due to inexperience, he committed the irregularities pointed out and prayed that he might be condoned and continued in service. On a consideration of the explanation offered by the petitioner, the Inspector-General of Local Boards discharged him from service on 21 June, 1955. It is to quash this order that the juris...
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