Andhra Pradesh Court September 1958 Judgments
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Mohana Rao G. Vs. State Government of Andhra and Two ors.
Court: Andhra Pradesh
Decided on: Sep-03-1958
Reported in: (1959)IILLJ272AP
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 orders of the District Magistrate (Judicial), Visakhapatnam, dated 5 May, 1953, removing the petitioner from service and the order of the Registrar of the High Court, dated 14 September 1954, rejecting his appeal.2. The petitioner is now aged about 40 years. He was selected by the Madras Public Service Commission in the year 1941 for appointment as a lower division clerk in the Madras Ministerial and Judicial Subordinate Services. Between the years 1941 and 1953 he had a vicissitudinous career. During these years he had transient periods of employment in various departments of Government in the Visakhapatnam district. His resilience and pertinacity in securing jobs were only equalled by the want of due care and caution on the part of the authorities who appointed him to another post no sooner than he was ousted from one. The period of the war and its after...
P. Swarajyalakshmi Vs. the State of Andhra Pradesh Represented by Secr ...
Court: Andhra Pradesh
Decided on: Sep-02-1958
Reported in: AIR1959AP321
Satyanakayana Raju, J.1. This is a petition under Article 226 of the Constitution, for the issue of a writ of certiorari to quash the order of the Government of Andhra Pradesh, Home (Transport I) Department, in G. O. Ms. No. 1106 dated 13-5-1958.2. In order to appreciate the contentions raised in the petition, it is necessary to state the material facts. A new, route between Penumudi and Kuchinapudi via Repalle was opened and the Regional Transport Authority, Guntur, invited applications for a stage carriage permit on that route. The petitioner was among the twenty applicants for the permit.In its proceedings dated 25-9-1956, the Regional Authority granted the permit to the petitioner. Thereupon six of the unsuccessful applicants preferred appeals to the State Transport Authority, Andhra Pradesh, By its proceedings dated 12-3-1957, the State Authority set aside the order of the Regional Authority and granted the permit to the 4th respondent.Aggrieved by this order, the petitioner prefe...
Rachamsetti Pedda Malliah Vs. Adigopala Brahmayya and anr.
Court: Andhra Pradesh
Decided on: Sep-01-1958
Reported in: AIR1960AP89
ORDERSeshachelapati, J.1. This is a Civil Revision Petition under Section 25 of the Provincial Small Cause Courts Act against the decision of the learned District Munsif of Repalle in S. C. S. No. 253 of 1954. The suit was instituted by the first respondent for the recovery of a sum of Rs. 356-3-6 being the amount deposited in S. C. No. 273 of 1949 by the plaintiff under the following circumstances:2. The plaintiff, 1st: respondent in the revision petition, instituted a suit against the 2nd respondent S. C. 273 of 1949. on the file of the District! Munsif Court Repalle and obtained a decree on 25-11-1949. He brought the properties to sale in E. P. No. 74 of 1950. One Paleti Raghaviah and Koteswara Rao filed claim petitions under Order 21 Rule 58 of the Civil Procedure Code. Those claim petitions were dismissed on 2-9-1950. The properly brought to sale in E. P. No. 74 of 1950 was subsequently sold in court auction for Rs. 715/-. The plaintiff who is the decreeholder pruchased the proper...
Shaik Abdul Razak and ors. Vs. State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Sep-01-1958
Reported in: [1959]10STC214(AP)
Chandra Reddy, C.J.1. All these revision petitions raise common questions relating to the interpretation of rule 16(2)(ii) of the Madras General Sales Tax (Turnover and Assessment) Rules, 1939.2. The petitioners are licensed dealers in untanned hides and skins and they sold them to persons who held no licence and who, in their turn, exported them out of the State of Andhra. The Taxing Authorities levied taxes on the petitioners in regard to sales effected by them to unlicensed dealers who, in their turn, sold the hides and skins to persons in Madras State, under rule 16(2)(ii) of the Rules. The imposition was contested on the ground that the tax could be collected only from persons who last purchased the hides and skins from the petitioners and exported them to Madras. This objection did not prevail with the Department and tax was levied on the petitioners. An appeal by them to the Sales Tax Appellate Tribunal was dismissed.3. In these revision cases brought by the aggrieved assessees,...
Tadepalligudem Co-operative Milk Supply Society Limited Vs. Government ...
Court: Andhra Pradesh
Decided on: Sep-01-1958
Reported in: [1959]10STC26(AP)
Chandra Reddy, C.J.1. The problem posed for solution in this Tax Revision Case is whether Co-operative Milk Supply Societies and Unions are exempt from payment of sales tax.2. The Tadapalligudem Co-operative Milk Supply Society Ltd., which was started in or about the year 1949, was levied tax on the sale of milk for the charging year 1954-55. The impost was with reference to sales to the consumers direct. This was contested by the Society on the ground that it was exempt from taxation both under the Essential Goods (Declaration and Regulation of Tax of Sales or Purchase) Act (Act LII of 1952) and by reason of G.O. Ms. No. 2333, Revenue, 7th September, 1951. The objections of the assessee were overruled by the Taxing Authorities. His appeal to the Sales Tax Appellate Tribunal was also not successful. Hence, he has filed this revision against the order of the Appellate Tribunal.3. In support of this petition, the same points are urged before us. The contention is based on clause 3 of the...
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