Andhra Pradesh Court December 1959 Judgments
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K. Veeraswami Vs. Commissioner of Income-tax, Andhra Pradesh.
Court: Andhra Pradesh
Decided on: Dec-10-1959
Reported in: [1960]40ITR583(AP)
SATYANARAYANA RAJU, J. - This is an application by the assessee under section 66(3) of the Income-tax Act, questioning the correctness of the order of the Appellate Tribunal rejecting an application under section 66(1) of the Act, on the ground that it was barred by limitation.The order of the Tribunal in the appeal is dated 11th January, 1958, and it was received by the assessee on the 31st January, 1958. An advocate of this court filed an application before the Tribunal for rectification of the order on the ground that it contained some mistakes. He sought the rectification in his favour, but eventually on the 11 March, 1958, a rectification was made by the Tribunal which was in fact against the assessee. Thereafter, on the 31st March, 1958, an application was presented on behalf of the assessee requiring the Tribunal to refer to the High Court certain questions of law as arising out of the order. This application was not signed by the assessee but was signed by the Advocate who file...
In Re: Ibrahim Ali
Court: Andhra Pradesh
Decided on: Dec-09-1959
Reported in: AIR1960AP355
Bhimasankaram, J. 1. The reference and the Criminal Appeal arise out of S. C. No. 21 of 1959 on the file of the Court of Session, Medak Division. The accused was tried for an offence under Section 302 I. P. C, and was convicted and sentenced to death by the learned Sessions Judge.2. Before we go into the merits of the case, it is necessary to consider a point of law raised by the learned counsel for the accused and that point is this: The trial of the case began before the predecessor-in-office of the Sessions Judge whose judgment is now in question and the former had not only framed the charges but had recorded the evidence of one of the witnesses in the case i. e. the Medical Officer.The present Sessions Judge continued the trial of the case from that stage and concluded it, and took on file the documents tendered. Learned counsel for the appellant argues, plating reliance upon the recent Full Bench decision of the Madras High Court in Fernandez, In re 1958-2 Mad LJ (Crl.), 665: (AIR...
Gadepalli Parayya Vs. Election Tribunal, Eluru Represented by Its Chai ...
Court: Andhra Pradesh
Decided on: Dec-09-1959
Reported in: AIR1960AP470
Satyanarayana Raju, J. 1. This is a petition, under Article 226 of the Constitution of India, to quash the order of the Election Tribunal, Elluru (Andhra) in Election Petition No. 7 of 1955 dated 6-4-19562. In order to appreciate the contentions raised on behalf of the petitioner, it is necessary to state the following facts: The petitioner and respondents 2 to 10 filed their nomination papers for election of the Andhra Legislative Assembly from the double-member constituency of Salur in Srikakulam District. Of the two seats, one was reserved for the Scheduled Tribes and the other was a general constituency. The petitioner and respondents 2 and 3 filed their nominations to the reserved seat. Respondents 4 to 10 were nominated to the general seat. On 7-1-1955 the date fixed for scrutiny of the nomination papers, the petitioner filed objections to the nomination of the 2nd respondent on the ground that he was not a member of the Scheduled Tribes. The Reluming Officer dismissed the petiti...
M. Seetharamaswami and Co. Vs. Commercial Tax Officer, Elluru
Court: Andhra Pradesh
Decided on: Dec-08-1959
Reported in: AIR1960AP451; [1960]11STC581(AP)
ORDERSeshachalapathi, J.1. This is an application under Article 226 of the Constitution of India for the issue of a Writ of Prohibition restraining the Commercial Tax Officer, Elluru, from taking further proceedings in pursuance of the notice B1.2022 of 1957-58 dated 8-8-1958.2. The petitioner is a partner of Sri Sitaramanjeneya Rice Mill and a dealer, within the meaning of Section 2 (e) of the Andhra Pradesh General Sales Tax Act, 1957, and. an assessee under provisions of that Act. The petitioner-firm had opted to be assessed on the basis of monthly returns under Section 15 of the Andhra Pradesh General Sales Tax Act read with Rule 17 Sub-rules 2 to 7. For the month of October 1957 the petitioner submitted a return showing a net turn-over of Rs. 40,323-87 Np., but he did not submit the treasury receipt from the Government Treasury or a cross-cheque in favour of the assessing authority for the tax due.3. By a notice dated 3-8-1958 the respondent called upon the petitioner to pay the s...
A. Sanjeevi Reddi Vs. G.C. Kondayya and anr.
Court: Andhra Pradesh
Decided on: Dec-08-1959
Reported in: AIR1960AP421
Satyanarayana 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 Election Tribunal, Nellore, dated 5th August 1959 in I.A. No. 4 of 1959 in Election Petition No. 3 of 1959 in so fur as it allowed the 1st respondent to amend the schedules appended to the election petition.2. Consequent on the resignation of the sitting member, there was by-election to the Legislative Assembly of Andhra Pradesh from the Atmakur Constituency in the District of Nellore. The petitioner, the 1st respondent and one Dr. Ramachandra Reddy contested the by-election. At the polling the petitioner secured 22,380 votes; the 1st respondent 22,351 votes; and the other candidate 437 votes; and the Returning Officer accordingly declared the petitioner duly elected.3. The 1st respondent herein filed a petition under the provisions of the Representation of the People Act (as amended) and therein he prayed that the election of the petitione...
Tota Lachhaiah Vs. District Panchayat Officer, Guntur and anr.
Court: Andhra Pradesh
Decided on: Dec-08-1959
Reported in: AIR1960AP493
Satyanarayana Raju, J.1. This Is a petition, under Article 226 of the Constitution, for the issue of a writ of Certiorari quashing the notification issued by the Government in G. O. (Ms) No. 1552 L. A., dated 22-6-1959 or in the alternative for the issue of a writ of Mandamus directing the District Panchayat Officer, Guntur to renotify the wards as indicated in the earlier G. O, Ms. No. 1255 L.A. dated 23-5-1958.2. The petitioner was, at the time of the filing of this petition, the President of the Oppicherla Panchayat in the Palnad Taluk of the Guntur District. After the Madras Village Panchayats Act, 1950 (X of 1950) (hereinafter referred to as the 'Act') was enacted, the revenue village of Oppicherla was declared to be a 'village' under the provisions of Section 3 of the Act and a panchayat was duly constituted for the village hy the Inspector-General of Local Administration. The village was divided into three wards and the elections to the Panehayat were held on the basis of the sa...
Kairrunisa Begum Vs. Pingal Venkatarama Reddy
Court: Andhra Pradesh
Decided on: Dec-07-1959
Reported in: AIR1960AP456
Chandra Reddy, C.J.1. This appeal is against the judgment of our learned brother Ansari J., who granted leave under Clause 15 of the Letters Patent. The learned Judge dismissed a Second appeal filed by the appellant against the decree of the Chief Judge, City Civil Court in A. S. No. 53/5 of 1953-54 preferred against the decree of the Court of the 3rd Judge in O. S. No. 435/3 of 1952-53. 2. The facts of this case are quite Simple and are undisputed. The respondent obtained a preliminary decree for sale of the properties hypothecated to him by the appellant. Ultimately, this was confirmed by the erstwhile High Court of Hyderabad on 19-10-1944. The appellant took it in appeal to the Hyderabad Judicial Committee. Pending the appeal the Constitution was inaugurated and, consequently, this appeal was transferred to the Supreme Court. On the 7th of December, 1950, the appeal was dismissed for non-prosecution in that neither the appellant nor his counsel was present at the time of the hearing...
In Re: Poreddi Venkata Reddy and ors.
Court: Andhra Pradesh
Decided on: Dec-05-1959
Reported in: AIR1961AP23; 1961CriLJ42
Basi Reddy, J. 1. On the morning of 7-3-1957, between 7-30 and 8 a.m., a serious rioting with deadly weapons took place in the village of Nemilladinne, in the course of which two persons were butchered in cold blood and five others, who went to their rescue, received injuries at the hands of the rioters. The two murdered persons, who were brothers, were Venkatrami Reddi and Ella Reddi, and will be referred to hereinafter as Deceased-1 and Deceased-2 respectively.The injured persons were Rami Reddy (P.W.1), Ramakka (P.W.2), Venkatamma (P.W.3), Subbamma (P.W.4) and Balanna (P.W.5). P.W.1 is the father of the deceased. P.W.2 is the sister of the deceased; P.W.3 is the wife of P.W.1's brother; P.W.4 is the widow of Deceased-1 and P.W.5 is a partisan of the Deceased. Deceased-1 sustained a gun-shot wound to the forehead besides 10 incised wounds on his body caused by spears and hatches, and death was due to shock and haemorrhage as a result of multiple fractures of skull bones and ribs, and...
G. Raja Reddy Vs. Collector, Nizamabad and anr.
Court: Andhra Pradesh
Decided on: Dec-04-1959
Reported in: AIR1960AP384; 1960CriLJ1061
ORDER1. This is a petition under Article 226 of the Constitution of India For the grant of a writ of Certiorari to quash the order of the Collector of Nizamabad District in D. Dis. 3384-58 dated 15-7-1958. 2. The petitioner is a resident of Nizamabad and carries on business in the sale of medicines and other articles and commodities at Nizamabad. On GO-10-1952, he submitted an application to the District Collector, Nizamabad, for the grant of a license for the sale of arms and ammunition at Nizamabad. By a communication D/- 15-7-1958, the petitioner was informed as follows: 'Subject: Arms Act-- Rules -- Opening of arms and ammunition shop at Nizamabad. With reference to his application dated. 30-10-1952, Sri Raj Reddy, Medical Store, Nizamabad is hereby informed that his application is rejected.' It is this proceeding of the Collector that is now impugned in this Writ Petition. 3. It would appear that in 1951 the Indian Arms Act and the rules were applied to the State of Hyderabad. Se...
Berar Oil Industries Vs. the State of Andhra (Now Andhra Pradesh)
Court: Andhra Pradesh
Decided on: Dec-02-1959
Reported in: [1961]12STC797(AP)
Satyanarayana Raju, J. 1. These revision cases arise out of a common order passed by the Sales Tax Appellate Tribunal, Andhra, in T. A. Nos. 21 and 22 of 1956.2. For appreciating the points debated before us, it is necessary to set out in some detail the facts, which are somewhat exceptional. The Berar Oil Industries is a firm with its head office at Akola (in what is now the State of Madhya Pradesh), carrying on business in the purchase and sale of groundnut seeds and groundnut oil. The firm has a branch at Adoni, which was formerly in the District of Bellary, and is now comprised in the District of Kurnool. There is a representative of the firm at Adoni who purchases groundnut seeds and oil from local merchants and agriculturists. The seeds and oil are exported to the firm's head office at Akola.3. For the year 1950-51, the Deputy Commercial Tax Officer, Kurnool, determined the total turnover of the firm at Rs, 5,00,279-5-0 and assessed it to tax on the said turnover at the prescribe...
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