Andhra Pradesh Court October 1959 Judgments
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Sree Saibaba and Co. Vs. Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Oct-17-1959
Reported in: [1960]11STC804(AP)
ORDERBhimasankaram, J.1. The petitioner is the same in all these three writ petitions and each of them relates to different accounting year. He is a dealer in fruits and raises objections to the levy of sales tax on the commodities similar to those dealt with by me in my judgment in W.P. No. 996 of 1957 Since reported as Jai Dayal v. Deputy Commercial Tax Officer, Osmanganj [1960] 11 S.T.C. 782 as regards the imposition of tax on cereals and pulses. There is, however, one point raised by him which it seems to me the petitioner is entitled to succeed in all these petitions. A notice was served on the petitioner whereby he was informed that his case relating to these years was posted for enquiry to 29th November, 1957, at 11 A.M., but the assessment orders now in question were all passed on the 28th a day earlier. Although according to the affidavit of the Commercial Tax Officer, the notice mentioned 28th November, 1957, as the date of the enquiry, it has been conceded by the learned Gov...
Employers of the Osmania University, Hyderabad Vs. Industrial Tribunal ...
Court: Andhra Pradesh
Decided on: Oct-16-1959
Reported in: AIR1960AP388; (1960)ILLJ593AP
Ansari, J.1. The employers of the Osmania 'University are the writ petitioners and seek a writ of certiorari to quash the award by the Industrial Tribunal, Hyderabad in Case No. 15 of 1955. The Government through the Notification No. 1/24/55/72 of 17-8-1955 had referred to the aforesaid Tribunal the dispute between, some of the employees and the Osmania University. Thereby the following two issues had been referred :'Whether the following demands of the workmen are justifiable? (1) Conversion of the existing consolidated wages of O. S. Rs. 26 per month into the grade of O. S. 26-1-30 with retrospective effect from April 1952. (2) Payment of Dearness allowance of O. S. Rs. 21 per month to workmen in receipt of a pay upto O. S. Rs. 50 per month.' 2. The general Secretary of the Osmania University Mazdoor Sangh had filed before the Tribunal the written statement stating that the University had agreed to implement the minimum wage of Rs. 26 but bad not given the wage scale of Rs. 26-1-30 t...
Andhra Pradesh Non-Gazetted Officers' Association Vs. State of Andhra ...
Court: Andhra Pradesh
Decided on: Oct-15-1959
Reported in: (1960)ILLJ156AP
ORDERM.A. Ansari, J.1. This writ petition seeks mandamus against the State of Andhra Pradesh to stop further actions in pursuance of the letter No. 75/SOA/59 of 5 January 1959. It also challenges the constitutionality of part of the rule contained in G.O. No. 1160, Public/(Services), dated 11 May 1948. To appreciate the several arguments urged in support of the writ petition it is necessary to narrate certain facts leading to the petition. The writ petitioner is an association called Andhra Pradesh Non-Gazetted Officers' Association and was formed in 1950. It has as its members about 64,000 non-gazetted officers of the State and the association has been registered under Societies Registration Act, XXI of 1860, on 20 February 1950. A certificate of such registration has been made part of the enclosures to this writ petition. The aforesaid association though formed In 1950 was recognized only in 1954. The recognition was subject to the rules contained in G.O. Mis. No. 1160 of 11 May 1948...
K. Veeranna, Partner of P. Krishnaiah and Sons, Adoni Vs. N.S. Mastan ...
Court: Andhra Pradesh
Decided on: Oct-12-1959
Reported in: AIR1960AP311
Jaganmohan Reddy, J.1. This is an appeal by the complainant under Section 417(3) Cr. P. C. against the order of acquittal. The first point urged on behalf of complainant's advocate is that having regard to the provisions of Section 417(3) Cr. P. C. the complainant ought to have been given notice of the appeal of the 'accused and the omission to do so is not a proper exercise of jurisdiction by the Sessions Judge and his judgment of acquittal therefore, cannot stand.This argument, must be rejected summarily because under Section 422 Cr. P. C. on appeal being filed, the appellant as well as such officer or officers as the State may in that behalf appoint should be given notice of the date and hearing of the appeal. It is also enjoined that the grounds of appeal should be furnished. There is not a word in that section which makes it necessary to give notice to the complainant. Once the complaint has ended in a conviction of the accused it is the State that conies into the picture and it i...
K. Veeranna, Partner of P. Krishnaiah and Sons Vs. N.S. Mastan Sab
Court: Andhra Pradesh
Decided on: Oct-12-1959
Reported in: 1960CriLJ787
Jaganmohan Reddy, J.1. This is an appeal by the com. plainant Under Section 417(3) Cr.PC. against the order of acquittal. The first point urged on behalf of complainant's advocate is that having regard to the provisions of Section 417(3) Cr.PC. the complainant ought to have been given notice of the appeal of the accused and the omission to do so is not a proper exercise of jurisdiction by the Sessions Judge and his judgment of acquittal therefore, cannot stand.This argument, must be rejected summarily because Under Section 422 Cr.PC on appeal being filed, the appellant as well as such officer or officers as the State may in that behalf appoint should be given notice of the date and hearing of the appeal. It is also enjoined that the grounds of appeal should be furnished. There is not a word in that Section which makes it necessary to give notice to the complainant. Once the complaint has ended in a conviction of the accused it is the State that comes into the picture and it is the Stat...
Kakku Venkataramaiah Vs. the State of Andhra Pradesh, Reptd. by Its Se ...
Court: Andhra Pradesh
Decided on: Oct-06-1959
Reported in: AIR1960AP420
ORDERBasi Reddy, J. 1. Whether an authority acting under Section 18(a) of the Indian Arms Act can be said to be exercising a judicial or quasi-judicial function with, all its incidents, or merely an administrative or executive function which impinges on the fundamental right of a citizen to acquire and hold property -- as to which there is a divergence of opinion, there is a concensus of judicial opinion that an order cancelling a firearm licence, which does not satisfy the requirements of Section 18(a), is liable to be set aside by the High Court in the exercise of its powers under Article 226 of the Constitution: vide Beni Chand v. Dist. Magistrate, Banda, AIR 1953 ATI 476; Sudhansu Kanta Acharyya v. State of Bihar, AIR 1954 Pat 299; Haji Md. Vakil v. Commr. of Police, : AIR1954Cal157 ; Bugga Singh v. Dist. Magistrate Barnala AIR 1954 Pep 150; Kishore Singh v. State of Rajasthan, ; Narasimha Reddy v. Dist. Magistrate, Cuddapah, : AIR1953Mad476 ; In re, State of Madras. : AIR1957Mad69...
Kakku Venkataramaiah Vs. the State of Andhra Pradesh, Reptd. by Its Se ...
Court: Andhra Pradesh
Decided on: Oct-06-1959
Reported in: 1960CriLJ1069
ORDERBasi Reddy, J.1. Whether an authority acting Under Section 18(a) of the Indian Arms Act can be said to be exercising a judicial or quasi-judicial function with all its incidents, or merely an administrative or executive function which impinges on the fundamental right of a citizen to acquire and hold property as to which there is a divergence of opinion, there is a consensus of judicial opinion that an order cancelling a firearm licence, which does not satisfy the requirements of Section 18(a), is liable to be set aside by the High Court in the exercise of its powers under Article 226 of the Constitution: vide Bent Chand v. Dist. Magistrate, Banda A.I.R. 1953 ATI 476; Sudhansu Kanta Acharyya v. State, of Bihar A.I.R. 1954 Pat 299; Haji Md. Vakil v. Commr. of Police : AIR1954Cal157 ; Bugga Singti v. Dist. Magistrate Barnala A.I.R. 1954 Pep 150; Kishore Singh v. State of Rajasthan ; Narasimha Reddy v. Dist, Magistrate, Cuddapah : AIR1953Mad476 ; In re, State of Madras : AIR1957Mad69...
In the Matter of Taj Clay Works Ltd. Vs. Official Liquidator, High Cou ...
Court: Andhra Pradesh
Decided on: Oct-01-1959
Reported in: AIR1960AP429
ORDERSatyanarayana Raju, J.1. This is an application, under Section 457 of the Companies Act, to issue directions to the Official Liquidator to consider the applicant's offer dated 23rd September, 1959 and to accept the same if it is found to be higher than the previous offers. 2. The facts necessary for the purpose of appreciating the contentions raised in this application have been exhaustively and clearly set out in the report submitted by the Official Liquidator. The Taj Clay Works Ltd., has been directed to he compulsorily wound up by an order of this Court dated 18-7-1958. This court made an order on the 10th July. 1939 permitting the Official Liquidator to sell the assets of the Company by inviting offers from intending purchasers. The Official Liquidator duly advertised the sale in eight leading daily newspapers in English, Telugu and Urdu. The conditions of sale were approved by an order of this court (in Application No. 446 of 1959) dated the 7th August, 1959 in and by which ...
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