Andhra Pradesh Court September 1958 Judgments
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Garimell Satyanarayana and Appana Venkataraju Firm of Ambajipeta and o ...
Court: Andhra Pradesh
Decided on: Sep-13-1958
Reported in: AIR1959AP398
Satyanarayana Raju, J. 1. These petitions filed under Article 226 of the Constitution, pray for the issue of writs of Mandamus or other appropriate writs directing the respondents, namely (1) the State of Andhra Pradesi), and (2) the Market Committees, to forbear from enforcing the provisions of the Madras Commercial Crope Markets Act (XX of 1933) or the rules framed thereunder against the several petitioners. A common question of law arises in all these petitions concerning the legality and constitutional validity of Section 11 of the Act.2. The Madras Commercial Croos Markets Act (hereinafter referred to as 'the Act') was originally' enacted in 1933 by the Madras Legislature after the-previous sanction of the Governor-General had been obtained to the passing of the Act. It was subsequently amended from time to time. As the Act was-a 'law in force' immediately before the formation of the Andhra State, its provisions govern the territories forming part of the Andhra State by virtue of ...
Chittorui Subbanna Vs. Kudapa Subbanna and ors.
Court: Andhra Pradesh
Decided on: Sep-13-1958
Reported in: AIR1959AP607
Umamaheswaram, J. 1. The 1st defendant is the appellant. The suit out of which the appeal arises was instituted in 1928 for recovery of possession of A and C schedule properties and 1/24th of B schedule properties. The suit was dismissed by the Trial Court, and on appeal in Appeal No. 353 of 1933 a decree was passed in favour of the 2nd plaintiff. The preliminary decree provided that the 2nd plaintiff was entitled to the suit properties as prayed for by him. As regards mesne profits the High Court directed that the Lower Court should make an enquiry as to the mesne profits from the date of the institution of the suit and pass a final decree for payment of the amount that may be found due up to the date of delivery of possession to the 2nd plaintiff.The 2nd plaintiff filed E. P. No. 29 of 1940 for delivery of possession and delivery of possession of A and B schedule properties was effected in February 1943. C. M. A, No. 104 of 1943 was filed by the appellant herein as against that order...
T. Aswathanarayana and ors. Vs. the State of Andhra Represented by Sec ...
Court: Andhra Pradesh
Decided on: Sep-12-1958
Reported in: AIR1959AP461
P. Chandra Reddy, C.J.1. The constitutional validity of Section 4-A of the Madras Entertainments Tax Act is put in issue in these writ petitions. The petitioners are exhibitors of Motion Pictures. They are either owners of theatre houses or lessees thereof in various parts of the State of Andhra Pradesh, The Government of Andhra Pradesh imposed a tax on each of the cinematograph exhibitions in the theatres, in exercise of the powers conferred on it by Section 4-A of the impugned legislation. The jurisdiction of this Court is invoked under Article 226 of the Constitution to strike down the offending section as being unconstitutional. It is contended that it was ultra vires the powers of the concerned legislature to have passed this measure.2. Before we deal with the various contentions advanced on behalf of the petitioners, it is useful to set out the terms of the offending section ;'4-A. (1) In the case of cinematograph exhibitions, in addition to the tax under Section 4, there shall b...
Nalamvari Annasatram and anr. Vs. the Special Land Acquisition Officer ...
Court: Andhra Pradesh
Decided on: Sep-11-1958
Reported in: AIR1959AP139
Bhimasankaram, J.1. This appeal is directed against the award passed by the learned District Judge of East Godavari on a reference made by the Land Acquisition Officer under Section 18 of the Land Acquisition Act. The appellant is a charitable endowment known as Nalamvari Annasatram, Rajahmundry represented by its trustees. Land of the extant of Ac. 40-96 cents comprised in Survey Numbers 258/1, 258/2 and 260 belonging to the trust and situate within the precincts of the town of Rajahmundry was acquired by the Government for the construction of houses under two House Building Schemes under the management of the two Co-operative Societies known as the Rajahmundry Co-operative House Construction Society and the Gandhipuram Cooperative House Building Society.A notification under Section 4(1) of the Act was issued on 23-5-1950. The trustees of the Charitable Endowment filed objections to the acquisition under Section 5A of the Act on 25-9-1950 but their objections were overruled and a noti...
Jaldu Paidayya Vs. Jaldu Manikyala Rao
Court: Andhra Pradesh
Decided on: Sep-10-1958
Reported in: AIR1959AP404
Basi Reddi J.1. In the suit out of which this appeal arises, the appellant, who was the plaintiff, sued for the recovery of Rs. 10,584-2-3, being the amount with interest paid by him towards the income-tax which was payable by the defendant, who is the respondent in this appeal. The learned Subordinate Judge, Masulipatam, dismissed the suit (O. S. No. 36 of 1951) on the ground that it was barred by Order 2, Rule 2, Civil Procedure Code. 2. The material facts are not in controversy and are as follows: The plaintiff is the elder brother of the defendant and they were carrying on several businesses jointly as partners. In 1942 differences arose between the brothers with regard to the joint businesses and the plaintiff instituted a suit (O. S. No. 717 of 1942) in the District Munsif's Court, for the dissolution of the partnership and for accounts. The plaintiff and the defendant entered into a compromise in that suit and a compromise decree was passed on 16-7-1945. In accordance with the s...
Anand Reddi Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-09-1958
Reported in: AIR1959AP144; 1959CriLJ300
P. Chandha Reddi, C.J. 1. This matter was referred to a Bench by our learned brother, Basi Reddy J., as it was thought that it raised an important question of law as to whether there was a conflict between Section 485-A which was inserted by Act XXVI of 1955 and Section 487 of the Code of Criminal procedure. 2. The question arises in the following circumstances. The petitioner was convicted by the First Class Magistrate, Vikarabad, under Section 485-A of the amended Criminal Procedure Code and sentenced to a fine of Rs. 10/-. This was confirmed in revision by the Sessions Judge, Hyderabad, Aggrieved by this order, the petitioner has approached this Court under Section 439, Criminal P. C. 3. It is argued in support of this petition that the offence punishable under Section 485-A, Criminal P. C., is identical with that made punishable under Section 174, I. P. C. and, by virtue of Section 195, Criminal P. C. an offence under Section 174, I. P. C., could not be taken cognizance of except o...
Mungara Venkataramaniah Alias Ragayya and ors. Vs. Vudata Subbaramayya ...
Court: Andhra Pradesh
Decided on: Sep-09-1958
Reported in: AIR1959AP153
Seshachalapati, J.1. The question that arises for determination in this Second appeal is whether the plaintiffs are entitled to irrigate their lands by getting water from the lands belonging to the defendants.2. The plaintiffs are the owners of the land S. No. 108/B in the village Komarica in the District of Nellore. The defendants had recently purchased S. No. 109/A belonging to one Thota Lakshamma and adjoining to S. No. 108/B. The plaintiffs filed O.S, No. 479 of 1951 on the file of the District Munsifs Court, Nellore for a declaration of their right to have their lands irrigated through S. No. 109/A. The case of the plaintiffs is that for several generations past then lands which are lower in level than the lands of the defendants were being irrigated by the flow of water from the defendants' lands.The action was founded upon immemorial right, custom and prescriptive title as a right of easement and under a lost grant. The defence to the action was that there was no such right, tha...
Commissioner of Income-tax, Hyderabad Vs. G.M. Chennabasappa
Court: Andhra Pradesh
Decided on: Sep-09-1958
Reported in: AIR1959AP668; [1959]35ITR261(AP)
P. Chandra Reddy, C.J. 1. This is a reference under Section 66(2) of the Indian Income-tax Act, which arises in the following circumstances. 2. The assessee, a Hindu undivided family, is a manufacturer and dealer in groundnut kernel and oil on a large scale. In its books for the Deepavali year ended 12-11-1947, and for the assessment year 1948-49, there were certain cash credits in favour of several persons totalling a sum of Rs. 41,255/-. The Income-tax Officer, called upon the assessee to prove the genuineness of these transactions in the four ledger accounts annexed as annexures A to D. As the assesses was unable to prove them to his satisfaction, the Income-tax Officer added these sums to the assessment to cover the unsatisfactory features of the case. On appeal by the assessee, the Appellate Assistant Commissioner took the view that peak credits alone should be added which amounted to Rs. 19,968/-. There was a further appeal to the Income-tax Appellate Tribunal by the assessee. Th...
Chinnari Gopalam and ors. Vs. the Union of India (Uoi) Represented by ...
Court: Andhra Pradesh
Decided on: Sep-08-1958
Reported in: AIR1959AP331
Bhimasankaram, J.1. The question for consideration in this appeal is whether the Railway administration is liable to the plaintiffs in the circumstances of the case.2. The facts are not disputed for the purposes of this appeal. The husband of the 2nd defendant and the defendants 3 to 10 were carrying on a joint family business in Parvatipuram and in the course of such business, the 10th defendant on behalf of the family despatched on 18-1-1952 a wagon-load of bags of mustard seeds valued at Rs. 11,378/-from Parvatipuram railway station to Midnapur railway station. The consignment was made to 'self', although the goods were intended for Sri Krishna Oil Mills, Midnapur.On 19-1-1952, these defendants, who wanted ready money, received from the plaintiffs the value of the goods and endorsed the railway receipt to their favour as well as a hundi drawn on the Midnapore firm. The plaintiffs borrowed money from the Andhra Bank for the purpose of paying the defendants and endorsed the railway re...
Sri Narayanadoss Mahant and anr. Vs. Sri T. Neeladri Rao and anr.
Court: Andhra Pradesh
Decided on: Sep-05-1958
Reported in: AIR1959AP148
Basi Reddy, J.1. This is a petition under Article 226 of the Constitution of India for the issue of a writ of certiorari or any other appropriate writ or direction to quash two notifications issued by the Government of Andhra under the Commissions of Inquiry Act, 1952, (hereinafter referred to as the Act). The petitioner is the 'mahant' of Sri Hathiramjee Mutta, Tirupathi. The first respondent, Sri T. Neeladri Rao Naidu, is the Special Officer, Hindu Religious and Charitahle Trusts. Andhra State at Masuli-patam, and the second respondent is the Secretary to the Law Department, Government of Andhra.2. The facts leading upto this writ petition may he briefly stated:In exercise of the powers conferred by Section 3 of the Act, the Government of Andhra published in the Andhra Gazette dated, 16-9-1954 a notification in the following terms: 'G.O.Ms. No, 959, Law (Endowments), 8th September 1954. No. 570. With effect on and from the date of taking charge, Sri T. Neeladri Rao Naidu, B. A., B. L...
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