Andhra Pradesh Court January 1959 Judgments
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V.G. Sarma and Co. Firm and ors. Vs. Friends and Co. and anr.
Court: Andhra Pradesh
Decided on: Jan-30-1959
Reported in: AIR1960AP13
Qamar Hasan, J.1. Defendants 1 to 3 appeal and the appeal is directed against the order dated 18-2-1955 of the Subordinate Judge, Eluru by which he reversed the order of the District Munsif of the same place rejecting the plaint, and remanded the case to the Trial Court for trial and disposal on merits.2. The relief sought in the plaint was for rendition of accounts. It was stated therein that defendants 2 to 4 constituted themselves into a partnership and iraded under the name and style of V. G. Sarma and Co., the 1st defendant. On 27-11-1948, the 1st defendant and the plaintiff entered into an agreement under which the 1st defendant constituted the plaintiff a stockist of the products of Techno Chemical Industries Ltd., for a period of two years terminable by giving certain kind of notices on either side during and after the said period. As a sole distributor the 1st defendant undertook to execute all orders of the plaintiff at their expense and give commission to the plaintiff at ce...
P. Satyanarayana Vs. the State of Andhra Pradesh by the Secretary, Hom ...
Court: Andhra Pradesh
Decided on: Jan-30-1959
Reported in: AIR1959AP429
Ansari, J. 1. One P. Satyanarayana has filed two petitions, one for the Writ of certiorari and another for a mandamus. He has also filed an appeal against the order by a learned judge of this Court, refusing to stay the orders challenged by the petitioner for certiorari. The circumstances, under which those came to be instituted, may be shortly stated. The petitioner was operating one out of ten buses or Pamarru-Bantumalli route in Krishna District. Five of these start from Pamarru and the remaining start from Bantumalli. Prior to 6-10-1956, each of the nine buses cm the route was permitted to ply two single trips; but the petitioner's bus was allowed four single trips per day. The said route overlaos to a large extent another route from Pamarru to Upputern, on which eleven buses were plying. Each of these was also then doing two single trips. Some changes are alleged, to have been made m 1953 by the Regional Transport Officer; but the Government had then set aside the orders and the e...
Mohammad Ghouse Vs. State of Andhra Pradesh by Its Chief Secretary, Se ...
Court: Andhra Pradesh
Decided on: Jan-30-1959
Reported in: AIR1959AP497
Jaganmohan Reddy, J.1. The petitioner in this writ petition challenges the order passed by the Government dated 26-6-1958 in G. O. Ms. No. 1584 dismissing him from service on a charge of corruption and irregularities in court work. For a proper appreciation o the contentions raised the facts relating to suspension and dismissal of the petitioner and the writ petition and appeal to' the Supreme Court filed by him prior to this petition may be enumerated.2. The petitioner was recruited to the Madras Judicial Service as a District Munsif in 1935 and in 1949 he was promoted to the office of the Subordinate Judge and pasted at Masulipatam on 19-6-1950. The charge of bribery levelled against him was with respect to two connected suits tried by him, O. S. No. 95 of 1946 and O. S. No. 24 of 1949. On 27-7-1950, the trial having concluded, arguments were heard and judgment was reserved. On 10-8-1950, petitions were filed to re-hear the cases, which were allowed and, after hearing the parties, th...
In Re: Gundla Narayana and ors.
Court: Andhra Pradesh
Decided on: Jan-29-1959
Reported in: AIR1959AP387; 1959CriLJ947
Manoher Pershad, J. 1. In the district of Medak, Bidar and Gulbarga between November, 1952 and December, 1953, dacoities were committed by a gang of persons. 36 persons including the present appellants and two approvers (P.Ws. 1 and 2) were charged for the said dacoities under Section 400, I.P.C. The learned Sessions Judge, Medak held the appellants guilty under Section 400, I.P.C. and sentenced each of them to life imprisonment excepting the appellant (A-4) who was sentenced to 7 years' R.I. A-1, A-2, A-13, A-17 and A-21 were further sentenced to a fine of Rs. 50/-each and in default to one year R.I. The remaining persons were acquitted of the charge. Against the said convictions and sentences are these sis appeals (Cr. A. 403 of 1957 to 408 of 1957) on behalf of A-1, A-2, A-4, A-13, A-17 and A-21 respectively. 2. The facts leading to these appeals are: A party called P.D.F. was formed at Zahirabad, consisting of 24 members--A-1 to A-4, A-6 to A-17, A-21 to A-23, A-36 and Hafizuddin, ...
Sait Bolumal Dharmdas Firm, Bankers Represented by Partner Bolumal Dha ...
Court: Andhra Pradesh
Decided on: Jan-28-1959
Reported in: AIR1959AP612
Chandra Reddy, C.J. 1. This Letters Patent Appeal filed against the judgment of Krishnaswami Nayudu J., involves the construction of Section 92 of the Evidence Act. 2. The appellant laid an action on the foot of a promissory note executed by the defendants for Rs. 1400/- on 24-7-1942 The suit was resisted on the following defence, The 2nd defendant obtained a charge decree for Rs. 2,000/- against a third party. This decree was transferred to the Plaintiff under a document which recited a consideration of Rs. 600/-, the understanding being that it should serve as security for monies to he advanced by the plaintiff from time to time. It was also part of the arrangement that the 2nd defendant should look after the execution of the decree and recover the amount. Pursuant to this, execution proceedings were started by the 2nd defendant in the name of the plaintiff. The properties were brought to sale and purchased by the 2nd defendant. The latter was paid a sum of Rs. 1400/- by the plaintif...
Jonnalagadda Yedukondala Rao Vs. Commissioner of Income-tax, Hyderabad ...
Court: Andhra Pradesh
Decided on: Jan-28-1959
Reported in: [1959]36ITR485(AP)
JAGANMOHAN REDDY, J. - In compliance with our directions the Tribunal has referred a case on the following question :'Whether on the facts and in the circumstances of the case, there are any materials to estimate the gross income of the assessee from the bus service at Rs. 1,20,000 ?'The assessee is a bus owner in the West Godavary District, in the year of assessment 1947-48, for which the income of the previous year taken into account was the year ending March 1947. During this year he ran 27 buses, 17 out of which were plying with Eluru as the headquarters and 10 from Narsapur. The assessee maintained separate accounts for each of these headquarters. But he returned a gross income of Rs. 56,458 for his entire business and after deducting a depreciation of Rs. 38,875 and certain inadmissible expenditure of Rs. 1000, declared a net income of Rs. 16,583. The Income-tax Officer rejected the results to be derived from the books of account and made an ad hoc addition of Rs. 80,000 to the g...
R. Deshpande Vs. Muttam Reddy and ors.
Court: Andhra Pradesh
Decided on: Jan-27-1959
Reported in: AIR1961AP180
Jaganmohan Reddy, J.1. This appeal is directed against the order of the Election Tribunal, Secunderabad, dismissing the petition filed by the appellant under Sections 30 and 81 of the Representation of the People Act, 1951, as amended by Act XXVII of 1956 (hereinafter called the Act). The appellant is the defeated Congress candidate who obtained 8,700 votes in the elections for the Legislative Assembly from the Adilabad Constituency, the polling tor which took place on the 4th of March 1957.The 1st respondent is the successful Socialist candidate who polled 9,423 votes. The 2nd respondent was an independent candidate who obtained 4,897 votes, while respondents 3, 4 and 5, though candidates at the election had withdrawn from the contest and so remained ex parte before the Election Tribunal. The appellant alleged five grounds for setting aside the election of the 1st respondent, namely: (1) On the morning of the polling day at the village Scan, the 1st respondent through Gajapathi Rao an...
Gulam Mustafa Vs. District Judge, Nalgonda
Court: Andhra Pradesh
Decided on: Jan-23-1959
Reported in: AIR1959AP432
ORDERSanjeeva Rao Nayudu, J. 1. This is an application for revising the order of the learned District Judge, Nagonda, dated 2-1-1958, directing the suspension of the petitioner from practising an also imposing a fine of Rs. 150/-on him on a charge of the petitioner having practised without taking out a certificate under Section 7 of the Legal Practitioners Act (hereinafter referred to as the Act.) 2. The petitioner was practising as 3 third grade pleader in the Hyderabad State under the old Regulation that was in force till 1951. In that year, under the rules framed by the High Court of Hyderabad he applied to be accepted as a second grade pleader which apparently had been done. As a second grade pleader, under the rules in force, the petitioner had to renew his pleadership certificate annually applying therefor on the 15th of November. The petitioner's pleadership certificate expired on 61st December 1956, He did not renew his certificate for the year 1957, Notwithstanding this fact, ...
In Re: Polisetti Lakshmayya
Court: Andhra Pradesh
Decided on: Jan-22-1959
Reported in: (1959)ILLJ556AP
ORDERBasi Reddy, J.1. One Polisetti Lakshmayya is the petitioner in all these three revision cases arising out of three calendar cases and in each of them he has been convicted of an offence under Section 18(1), read with Section 22(2) of the Minimum Wages Act, 1948, and Rules 21(4) and 22(2) of the Minimum Wages (Central) Rules, 1950, and in each of the cases he has been sentenced to pay a fine of Rs. 50. A common question of law arises in all these three cases and they will all be disposed of by one order.2. The gravamen of the charge against the petitioner was that he was working stone quarries at Katheru in Rajahmundry; that he had to conform to the provisions of the Minimum Wages Act and the Minimum Wages Rules framed thereunder; that he had failed to maintain the registers as prescribed by the Act and the rules and he was therefore liable to be punished under Section 22(2) of the Act. The case for the prosecution was that the petitioner was an employer and that he had employed a ...
Tadepalli Kutumba Rama Sastry Vs. Seetepalli Dakshina Murthy and ors.
Court: Andhra Pradesh
Decided on: Jan-20-1959
Reported in: AIR1960AP178
Munikanniah, J. 1. This appeal is against the judgment and decree of the Court of the Principal Subordinate Judge, Vijayawada, dismissing the suit of the plaintiff for possession of the suit properties and also for future profits. 2. The plaintiff is the brother-in-law of the defendant who is his sisters husband. The defendant resided at Nagavarappadu Agrahararn in Gannavaram Taluk of Krishna District where the plaintiff had the suit lands. The defendant has 10 acres of wet land to the north of the suit lands and as the defendant had no facility and convenience for flow of water except through, the suit lands, he requested the plaintiff to sell the same to him. On 16-5-1947, a contract (Exhibit A-1) was entered into between the plaintiff and the defendant whereby the suit lands wore agreed to be sold by the former to the latter for Rs. 9,263-4-0 and the plaintiff received a sum of Rs. 1,000/- as advance at the time when Exhibit A-1 was executed. As per the terms of the contract, the en...
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