Andhra Pradesh Court February 1959 Judgments
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Karnam Ramamma Vs. Podapati Penchalu Naidu
Court: Andhra Pradesh
Decided on: Feb-26-1959
Reported in: AIR1959AP615
P. Chandra Reddy, C.J. 1. The question to he answered by the Full Bench is whether Explanation I to Section 8 of the Madras Agriculturists' Relief Act, introduced by the Madras Agriculturists' Relief (Amendment) Act, 1948 (Madras Act XXIII of 1948) covers receipt of money from Court towards a debt. 2. The point involved in this appeal relates to the method of appropriation, namely, whether a creditor could appropriate two sums of Rs. 1000/- and Rs. 925/- towards interest or whether they should go in reduction of the principal. The monies were received by him in the following circumstances. 3. The creditor in this case filed a suit on the foot of a promissory note and obtained a decree. Thereafter, he took out execution by attaching the properties of the judgment-debtor. Two sums of Rs. 1000/- and Rs. 925/- were deposited to the credit of another suit between the same parties. They were attached by the decree-holder in execution of the decree in question and were paid over to him by the...
Sri Rajah Mommadevara Naganna Naidu Bahadur Jamindar Garu (Died) and o ...
Court: Andhra Pradesh
Decided on: Feb-25-1959
Reported in: AIR1959AP622
P. Chandra Reddy, C.J.1. This appeal has been referred to a Full Bench by the order of Manohar Prasad and Raganadham Chctty JJ. because of conflicting judicial opinion on the interpretation of Section 100 of the Transfer of Property Act.2. The facts that have contributed to the litigation may be briefly given. The plaintiff, who is tile appellant, instituted a suit for the recovery of Rs. 32,394/- by way of contribution from the defendants in the following circumstances. One Bom-madevara Narasimha Naidu was the owner of considerable properties. He died in 1918 leaving he-hind him his two sons, the plaintiff and the 1st defendant and his second wife, Rajya Lakshmi De-vamma. The 1st defendant and his sons filed O. S. No. 38 of 1919 in the Court of the Subordinate Judge, Eluru for partition of the family properties and for separate possession of their share.Their step-mother Rajya Lakshmi Devamma was1 impleaded as the second defendant in that suit as she was entitled to maintenance. The s...
Thadi Narayana Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Feb-24-1959
Reported in: AIR1960AP1
Jaganmohan Reddy, J.1. The Revision petitioner was charged before the Sessions Judge, Visakhapatnam, for an offence of murder under Section 302. Indian Penal Code, and robbery under Section 392, Indian Penal Code, but was acquitted of both those charges. While thus acquitting the accused, the Sessions Judge found the accused guilty of an offence under Section 411, Indian Penal Code, and sentenced her to two yeara rigorous imprisonment. The accused filed a fail appeal against this conviction and sentence, which came up for hearing before our brother Sanjeeva Row Navudu, J., who set aside the conviction and sentence and remanded the case to the Court of Sessions, Visakhapatnam, for retrial on the charges already framed by the said Court at the trial of the petitioner, viz., under Sections. 302 and 392, Indian Penal Code, with the following observations :'After having carefully thought over the merits of the case, the evidence for the prosecution as well as the statements of the appellant...
Maddi Sudarsanam Oil Mills Co. Vs. Commissioner of Income-tax, Hyderab ...
Court: Andhra Pradesh
Decided on: Feb-24-1959
Reported in: [1959]37ITR369(AP)
JAGANMOHAN REDDY, J. - In compliance with our directions dated March 26, 1955, under section 66(2) of the Income-tax Act, the Income-tax Appellate Tribunal, Hyderabad, has stated a case on the following question :'Whether on the material placed before it the Tribunal it justified in sustaining the addition of Rs. 1,37,189.'The assessee is a firm carrying on business in ground-nut kernel and manufacture and sale of ground-nut oil and cake at Guntur. The reference pertains to the assessment for the year 1947-48. The previous year was the calendar year 1946. In the year of account, the books disclosed a turnover of Rs. 18.18 lakhs and a gross profit of Rs. 92,726 which worked out to 5.1%. The net income disclosed by the assessee was Rs. 25,454. This figure, however, was not accepted by the Income-tax Officer who added four sums on account of the value of the yield of oil and cake from uncounted for kernel Rs. 34,795, the value of deficit yield of oil and cake from kernel disclosed in the ...
Public Prosecutor Vs. Kuppam Satyanarayana and ors.
Court: Andhra Pradesh
Decided on: Feb-23-1959
Reported in: AIR1960AP27; 1960CriLJ46
Sanjeeva Row Nayudu, J.1. These seven Criminal Appeals are directed against the judgments of the Judicial First Class Magistrate of Proddatur, before whom prosecutions had been instituted under Section 20 of the Prevention of Food Adulteration Act (Central Act 37 of 1954), (which is hereinafter referred to as the Act) in respect of offences committed under Section 16(1) of the said Act, separately in each case.2. I shall briefly state only such tacts as are necessary for the disposal of this matter in the view I have taken which is indicated below. The various accused in these prosecutions are dealers in foodgrains and importers of the food commodity known as Agra Toor Dhall. The Sanitary Inspector of the Municipality (who is also designated as Food Inspector by G. O. No. 1621 dated 29-9-1956) purchased two annas worth of dhall in each, split them into three shares, put them in three separate bottles, sealed them, delivered one to the accused in each case, sent one to the Public Analys...
Management of Badjampura Salt Factory, Naupada Represented by the Mana ...
Court: Andhra Pradesh
Decided on: Feb-20-1959
Reported in: AIR1960AP378; (1959)ILLJ544AP
ORDERSrinivasachari, J.1. This is an application under Article 220 of the Constitution on behalf of the management of the Badjanapuram Salt Factory seeking to impugn the award of the Industrial Tribunal dated 16-10-11956.2. The petitioner company is a salt manufacturing concern and the case of the petitioner is that it used to get its business carried out through a maistry contractor who used to procure labour on his own responsibility for the salt being manufactured by the firm, to procure labour for removing the salt from the heaps and putting over into bags to procure labour for carting the salt bags and transporting them from the firm's site to the Railway siding or the crushing mill and also to procure labour for loading the salt bags in railway wagons. The petitioner's case is that this used to be the course of business from the very inception of the petitioner's business and that from 1927 to 1944 the Maistry contractor was one Sri Rajamma Naidu and after his death his son conti...
Marrapu Narayanamma Vs. Marrapu Satyanarayana and ors.
Court: Andhra Pradesh
Decided on: Feb-20-1959
Reported in: AIR1960AP425; 1960CriLJ1070
Krishna Rao, J.1. This is a complainant's appeal under Section 417, Sub-section (3) of the Code of Criminal Procedure (hereinafter mentioned as the Code) against the acquittal' of respondents 1 to 7 by the lower appellate court and raises an important question of law as to the construction and effect of Section 409, Sub-section (2) of the Code.2. The material facts are briefly these : Respondents 1 to 7 were convicted and sentenced in C. C. No. 124 of 1956 on the file of the Judicial First Class Magistrate, Parvathipur, for certain offences punishable under Section 494, Indian Penal Code. They appealed to the Court of Sessions, Visakhapatnam, and the appeal was admitted by the Sessions Judge as Criminal Appeal No. 387 of 1956. Before the appeal came on for hearing, the Sessions Judge who was also the District Judge, Sri B.T.M. Raghavacharyulu, died on 3rd January 1957.The State Government appointed Sri K. Jagannatha Rao on 15th February 1957, to act as District and Sessions Judge in th...
Public Prosecutor (Andhra Pradesh) Vs. Kuraba Sanjeevamma
Court: Andhra Pradesh
Decided on: Feb-20-1959
Reported in: AIR1959AP567; 1959CriLJ1279
P. Chandra Reddy, C.J.1. The only question that arises in this case is whether sanction should be accorded to prosecute the respondent under Section 103 of the Indian Penal Code.2. The case for the prosecution is that the respondent, along with some others, was involved in a criminal case. On 20-12-1957, she was produced before the Judl. Second Class Magistrate, Hindupur, for recording her confessional statement and her statement was actually recorded the next day. A few days later, i.e., on 2-1-1958, she was tendered pardon by the Sub-Divisional Magistrate, Penu-konda who was duly empowered by the District Magistrate to do so. It is stated that she stuck to her previous statement, namely, that the offence was committed by the other accused in the case with her help.But when she was cited as a prosecution witness in the committal Court on 4-2-1958, she went back upon it and denied knowledge of the commission of the offence. It appears that she adopted the same attitude even in the Sess...
Sheikh Mastan Vs. Gubba Atchayya and ors.
Court: Andhra Pradesh
Decided on: Feb-19-1959
Reported in: AIR1959AP667
Chandra Reddy, C.J.1. This matter has been referred to a Bench by Ranganadham Chetty J., as he felt a doubt as to the maintainability of an appeal against an order dismissing a petition under Order XXI, Rule 90, C.P.C. for failure to deposit an amount equal to that mentioned in the sale warrant as directed by the lower Court.2. The facts of the case may be briefly stated : The properly, which is subject to a charge decree, was brought to sale in execution of a Small Cause Decree for a sum of Rs. 284-15-4 and was sold for Rs. 5,050/-. Complaining that the Court auction, fetched a very low price, the judgment-debtor filed a petition under Order XXI, Rule 90, C. P. C. to set aside the sale. Before admitting She petition the Subordinate Judge, Tenali, required the appellant to deposit a sum of Rs. 3,000/- into Court. As he could not comply with this, the petition was dismissed. The matter was brought up in appeal by the aggrieved judgment-debtor. When it came before Rangana-dham Chetty J.,...
Chandu Satyanarayana Vs. State (S.H.O. Kollipara)
Court: Andhra Pradesh
Decided on: Feb-18-1959
Reported in: AIR1959AP651; 1959CriLJ1401
ORDERSanjeeva Row Nayudu, J.1. This is an application to revise the order of the Judicial Second Class Magistrate, Tenali, dated 6-8-1958, made in M. P, No. 46 of 1958 in P. R. C. No. 1 of 1958, rejecting the petition of the petitioner requesting to record the evidence of P. Ws. 5, 7 and others, who speak to the alleged offence of conspiracy under Section 120B, I. P. C., which is one of the offences included in the charge-sheet against him, as, according to the petitioner, these witnesses were eye-witnesses or witnesses to the actual commission of the offence of conspiracy.The learned Magistrate rejected this petition on the ground that the materials so far placed before him and the records available with him, were sufficient to make out a case and that an earlier petition by the same petitioner, viz., the 8th accused, had been rejected. The learned Magistrate also pointed out that the matter was only at the stage of preliminary enquiry and all that had to be considered was whether a p...
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