Andhra Pradesh Court April 1958 Judgments
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Repaka Appalanarasimham and ors. Vs. Repaka Udalama and ors.
Court: Andhra Pradesh
Decided on: Apr-10-1958
Reported in: AIR1959AP407
Umamaheswaram, J.1. This is an appeal brought by the defendants 1, 2, 6 and 7 against the preliminary decree and judgment of the Subordinate Judge of Narasapur in O.S. No. 28 of 1949 decreeing partition and separate possession of the plaint schedule properties and taking of accounts. The case of the plaintiff-1st respondent was that tie properties mentioned in schedules A to E belonged to the joint family consisting of Repaka Venkataramayya and his two sons, Venkatarama Rao (her husband) and Appala Narasimham, the 1st appellant herein, that there was a severance in status effected during the life time of her husband and that in a sound and disposing state of mind, he executed a will on 27-11-1941 bequeathing his one-third share in the family properties in her favour.She therefore prayed for partition and separate possession of the one-third share in the plaint schedule properties devised in her favour by her bus-band and for taking of account. She impleaded as parties to the suit, her ...
P. Anwar Badsha Sahib and Company and anr. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Apr-08-1958
Reported in: [1958]9STC546(AP)
Chandra Reddy, Offg. C.J.1. In these revision cases, the petitioners claim exemption from sales tax on the ground that they purchased the skins and hides from unlicensed dealers and as such the transaction comes within the purview of the Full Bench decision of this Court in Government of Andhra Pradesh v. Abdul Bari & Co. (1958 9 S.T.C. 231; 1958 A.L.T. 185). The department assessed the petitioners on the basis of the total turnover. When appeals were pending before the Sales Tax Appellate Tribunal against the orders of the department, the Full Bench rendered the judgment referred to above. On the strength of that judgment, the Tribunal allowed the appeals of the assessees who could prove that the purchases in question were made by them from unlicensed dealers. As regards the petitioners in these cases, their claims were disallowed as, in the opinion of the Tribunal, the petitioners had not established that the purchases were made from unlicensed dealers. No exception can be taken to t...
Kuruba Urukundappa Vs. Yale Mallesappa
Court: Andhra Pradesh
Decided on: Apr-08-1958
Reported in: AIR1960AP79
Umamaheswaram, J.1. This is an appeal brought by the 1st defendant as against the order of the Subordinate Judge, Kurnool, in I.A. No. 546 of 1956 in O. S. No 57 of 1956 appointing a receiver in respect of items 1 to 14 of the plaint schedule under Order XL. Rule 1, Civil Procedure Code. The suit was filed by the respondent herein for declaration of his title to the suit properties, for recovery of possession and for recovery of mesne profits for the years 1953-56 at the rate of Rs. 2000/- per year. His case is that he obtained a decree on the foot of a mortgage as against the appellant herein and that in execution of the decree he purchased the properties in a Court auction and obtained delivery of possession on 2-4-1950.According to the case set out in the plaint the appellant herein trespassed upon the land and there were proceedings before the Judicial First Class Magistrate, Adoni under Section 145 of the Criminal Procedure Code. As the Magistrate directed that the defendants were...
Natha Subrahmanyam Chetty Vs. Menta Subramaiah and Sons and ors.
Court: Andhra Pradesh
Decided on: Apr-08-1958
Reported in: AIR1959AP199
Kumarayya, J. 1. By an order dated 31-12-1951, the Additional Subordinate Judge, Nellore dismissed three objection petitions made by Natha Subrahmanyam, the appellant before us, refusing to set aside the award or remit the same to the arbitrator for re-consideration. That award was made on 12-11-1951 by Sri K. Rama Rao a senior advocate of Nellore on a reference made by the Additional Subordinate Judge at the request of the parties to O.S. Nos. 202 of 1946 and 4 of 1947 and O.P. No. 73 of 1946 who sought to abide by the decision of the said arbitrator in all the three above matters. The circumstances under which these three matters arose, and an award and a decree in terms of the award followed may be briefly stated:--The appellant, Natha Subrahmanyam and the respondents, Mehta Subbaramayya and his son, Venkatachalapathi, are the merchants residing at Nellore. The latter who are the members of a Hindu joint family, brought a money suit against the former for a sum of Rs. 6,206-0-3 on t...
K. Gopala Krishnayya and ors. Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Apr-08-1958
Reported in: AIR1959AP292
P. Chandra Reddy, Offg. C.J.1. These petitions are filed by several persons carrying on motor transport business in Krishna District for the issue of a writ of certiorari to quash a common scheme No. T6/10/57 dated 5-11-1957 published in the Andhra Pradesh Gazette as approved by the Government of Andhra Pradesh in G. 0. Ms. No. 58 Home (Transport IV) dated 7-1-1958 and published in the Andhra Pradesh Gazette, Part II (Extraordinary) dated 9-1-1958. The State of Andhra Pradesh published a scheme, for the purpose of providing an efficient, adequate, economical and properly co-ordinated transport service in the public interest to operate the transport services mentioned therein with effect from a date to he notified by the Government.This was done in exercise of the powers conferred by Section 68C of the Motor Vehicles Act as amended by the Act 100 of 1956 which introduced Chapter IV-A into the Motor Vehicles Act of 1939. The transport service specified In the scheme covers all the routes...
Employees of Dewan Bahadur Ramgopal Mills Limited Vs. Dewan Bahadur Ra ...
Court: Andhra Pradesh
Decided on: Apr-07-1958
Reported in: (1958)IILLJ115AP
1. An industrial dispute having arisen between the employees and workmen of the Dewan Bahadur Ramgopal Mills, Ltd., Hyderabad, a reference under S. 10(c) of the Industrial Disputes Act, 1947, has been made to this Court for adjudication through G.O. Ms. No. 575, dated 30 May 1957, in respect of the matters specified in the following : # ANNEXURE # Where the following demands of the workmen are justified (1) Compensation for involuntary unemployment. (2) Payment of daily allowance to badlis for the days on which they are not provides with work. (3) Arrangement for helpers in slubbing and intertenter. (4) Payment of wages for 22 April 1957. It may be mentioned at the outset that the employees of the Dewan Bahadur Ramgopal Mills are divided into two groups which are represented by the two rival unions. Sri M. I. K. Qureshi and Sri Arjun Rao have, on behalf of these two unions, submitted their statements in Court which do not at all differ in material particulars. The employers have filed ...
Saladi Chandra Rao Vs. Gollakoti Sambayya
Court: Andhra Pradesh
Decided on: Apr-07-1958
Reported in: 1958CriLJ1378
ORDERBasi Reddy, J.1. This is a petition by accused No. 1 to revise the order of 'the Stationary II Class Sub-Magistrate, Amalapuram, passed in C.C. No. 686' of 1956 on his file by which the learned Magistrate directed that the offence under Section 188 1. P, C, be dropped and the trial of the case with regard to the other offences ' alleged in the complaint, namely, offences punishable Under Sections 447, 506, 323 and 379, IPC be proceeded with.2. The facts giving rise to this revision petition are set out in the complaint filed by the respondent and are as follows;3. The respondent and the petitioner own adjoining fields, A palmyra 'Kattava' dividing the two fields belongs to the respondent, and he and his family members had been exercising full rights of ownership and possession of the said 'Kattava'. While so, disputes arose between the parties and the petitioner and his supporters obstructed the respondent's men from cutting the leaves of the palmyra 'Kattava'.The respondent there...
K. Satyanarayana and Company Vs. Sales Tax Officer and ors.
Court: Andhra Pradesh
Decided on: Apr-04-1958
Reported in: [1958]9STC591(AP)
P. Satyanarayana Raju, J.1. These two applications under Article 226 of the Constitution raise an identical question for determination and may be disposed to together.2. The question for determination is whether the assessee is entitled to the benefit of the proviso to section 2(m) of the Hyderabad General Sales Tax Act, which reads :'Provided that the proceeds of the sale by a person of agricultural or horticultural produce grown by himself or grown on any land in which he has interest whether as owner, usufructuary mortgagee, tenant or otherwise shall be excluded from his turnover.'3. The assessees entered into written contracts with the owners of tobacco growing lands in the District of Warangal. The material terms of the agreement are :'1. At the time of seedling, and at the time of plucking the leaves, and later, I shall follow your instructions. I will use only those seeds given by you at your responsibility.2. After plucking the leaves, I shall bundle them in threads, and I shal...
Public Prosecutor Vs. Nagalinga Reddy
Court: Andhra Pradesh
Decided on: Apr-04-1958
Reported in: AIR1959AP250; 1959CriLJ564
Basi Reddy, J.1. This is an appeal by the State Government against the acquittal of the respondent by the First Class Magistrate, Anantapur, of a charge under Section 193, Cr, P. C.2. The order of acquittal is manifestly wrong and has to be set aside. The learned Magistrate has based his judgment of acquittal on two grounds both of which are untenable.3. On his own showing, the respondent had given two contradictory statements on oath, one under Section 164, Cr. P. C., Exhibit P-3, and the other at the preliminary enquiry which is marked as Exhibit P-1. Indeed in the course of his deposition before the committing Court, the respondent had admitted that the statement he had made before the Sub Magistrate under Section 164, Cr. P. C. was false.Thus on his own admission the respondent had made two statements on oath one of which was false. Therefore the District Magistrate of Gooty filed a complaint against the respondent under Section 476, Cr. P. C. for an offence under Section 193 IPC a...
In Re: Tadipamula Satyanarayana
Court: Andhra Pradesh
Decided on: Apr-01-1958
Reported in: AIR1959AP419; 1959CriLJ951
Krishna Rao, J.1. The appellant Tadipamula Satyanarayana, has been convicted under Section 302 I.P.C. and sentenced to imprisonment for life, for the murder of his uncle Ranganayakulu at about 2-30 A.M. on 6-2-1957. He was the 1st accused in the case and an alleged friend of his, named Lakshmana Rao was the 2nd accused. Both were charged under Sections 34 and 302, Indian Penal Code with having jointly committed the murder. The prosecution story was that the appellant owing to enmity, stabbed the deceased on the abdomen with a spear while the latter was sleeping in front of his house, that the 2nd accused accompanied and assisted him and that they were observed running away from the scene immediately afterwards. The learned Additional Sessions Judge gave the 2nd accused the benefit of the doubt and acquitted him, as his confession was self-exculpatory and the incriminating matter against him was only the appelpant's retracted confession. We are not concerned with the merits of the acqui...
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