Andhra Pradesh Court February 1959 Judgments
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T.R.N. Subba Raju Vs. State of Andhra (Now Andhra Pradesh)
Court: Andhra Pradesh
Decided on: Feb-18-1959
Reported in: [1959]10STC449(AP)
The Judgment of the Court was delivered byUmamaheswaram, J.1. This is an appeal directed against the judgment and decree of the Subordinate Judge of Visakhapatnam, in O. S. No. 47 of 1953. The question that arises for consideration in the appeal is whether the appellant is entitled to a refund of the sales tax that he paid in respect of the turnover for the period 26th January, 1950, to 31st March, 1950. The Subordinate Judge held that the contracts were all concluded in the State of Andhra and that he was consequently not entitled to a refund of the sales tax paid by him. He also held that as the payment was made voluntarily, he would not be entitled to recover the amount.2. Sri S. Ramamurthy, the learned Advocate for the appellant, con-etnded that the view taken by the Subordinate Judge on both the questions is erroneous and opposed to the evidence as also the decisions of the Supreme Court and this Court. The first question that arises, for decision is whether the sale took place wi...
Workmen of Rice and Oil Mills (Rice, Oil and Mica Workers Union) Vs. I ...
Court: Andhra Pradesh
Decided on: Feb-18-1959
Reported in: (1959)ILLJ563AP
ORDERMohammed Ahmed Ansari, J.1. The petitioners claim to be the workmen of the rice and oil mills at Kothavalasa through their union, which is called Rice, Oil and Mica Workers Union. They seek to vacate the award by the industrial tribunal, which has been published in the Gazette of 24 July 1958. Two issues had been referred for adjudication to the tribunal. They are :(1) Whether the demand of the workmen for enhancing of wages and dearness allowance is justified.(2) Whether the demand of the workmen for the payment of bonus for the year 1955-56 is justified. If so, what should be the quantum of bonus ?2. In the first paragraph of the claim petition to the tribunal it is stated that the annexure to the statement, Schuss. A, B and C, would show detailed figures of the demands of the workmen of the aforesaid mills in dispute and also the net turn over, profits earned by the employers as well as the properties they have acquired as a consequence thereof. Schedule A appears to be divided...
Public Prosecutor, Andhra Pradesh Vs. G. Manikya Rao
Court: Andhra Pradesh
Decided on: Feb-17-1959
Reported in: AIR1959AP639; 1959CriLJ1398
P. Chandra Reddy, C.J.1. This application for cancellation of the Bail granted to the respondent by the Sessions Court, Nalgonda, raises an important and interesting question as to the power of the High Court to grant bail to a person, who was not arrested on any charge of non-bailable offence, or for whose apprehension a warrant has not been issued or who has not surrendered himself in Court but merely apprehends that he might be arrested.2. The respondent, along with nine others, was charge-sheeted under Section 302, I.P.C., for having beaten to death one Raj Narsi Reddi on 9-10-1958. No warrant was issued for the arrest of the respondent notwithstanding the filing of a provisional charge-sheet. Meanwhile, the wife of the respondent moved the MUNsiff-Magistrate, Suryapet, to enlarge him on bail alleging that he was sick. This was dismissed by the Magistrate as he thought that the accused was not so seriously sick as to be unable to attend Court.Shortly thereafter, an application was ...
In Re: Repana Naganna Alias Nagulu
Court: Andhra Pradesh
Decided on: Feb-13-1959
Reported in: AIR1961AP70; 1961CriLJ218
Basi Reddy, J.1. ON the night of the 25th-26th April 1958, a young woman by name, Er]a Venkatasubbamma, was stabbed to death while she was sleeping under a 'pandili' in front of her hut at Besthapalli, hamlet of the village of Chinnamandem. In connection with that incident, one Repana Naganna alias Nagulu was tried by the learned Additional Sessions Judge of Cuddapah on a charge of murder, convicted and sentenced to death. The learned Judge submitted the proceedings to the High Court under Section 374 Cr.P.C. for confirmation of the sentence of death, and the accused sent an appeal from jail against his conviction and sentence.2. The Referred Trial and the connected Criminal Appeal were heard by a Division Bench composed of Krishna Rao and Sanjeeva Row Nayudu JJ. As there was a difference of opinion between them, the case has been laid before me under Sections 378 and 429 Cr.P.C.(The judgments of both the learned judges proceed purely on appreciation of evidence, Krishna Rao J. thinkin...
A. Venku Dikshitulu Vs. Gundu Subbayya Setti and anr.
Court: Andhra Pradesh
Decided on: Feb-11-1959
Reported in: AIR1959AP518
Chandra Reddy, C.J.1. This appeal filed against the judgment of Viswanatha Sastry J., raises the question as to the power of an Official Receiver to keep a debt alive by making a payment under Section 20 of the Indian Limitation Act.2. The material facts may be stated in a few words. The defendant in O. S. No. 9 of 1950 on the file of the Subordinate Judge's Court, Kurnool, executed a mortgage on 4-11-1930 for Rs. 8,000/-. Treating it as an act of insolvency, one of his creditors presented a petition for adjudicating him an insolvent. Accordingly, he was adjudicated on 29-12-1931 in I. P. No. 73 of 1931.After the order of adjudication, the Official Receiver, in whom the estate of the insolvent had vested, had the mortgage debt scaled down under the provisions of the Madras Agriculturists Relief Act to Rs. 6,220/- as on 1-10-1937 with interest at 6 1/4 per cent, thereafter. Subsequently, he applied to the Insolvency Court for permission to sell a house of the insolvent in order to pay o...
T. Durgabai Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Feb-10-1959
Reported in: AIR1959AP426
P. Chandra Reddy, C.J.1. The petitioner seeks the issuance of a writ of Mandamus directing the respondents to include her as one of the selected candidates for the Pre-Professional Course in Medicine for the academic year 1958-59.2. She applied for admission to the Pre-Professional Course claiming to belong to a community called 'Konda Kapu' which is a scheduled tribe within the purview of the order issued by the President in or about 1950 classifying certain communities and tribes as scheduled castes and tribes for the purpose of affording educational facilities. The application was accompanied by two certificates of social status of the petitioner given by the First Class Magistrate, Vijayawada, which state that she belongs to a scheduled tribe, an extract of the first page of her S. S. L. C. Register and an extract from the birth register.The entry in her S. S. L. C. Register described her as 'Hindu' 'Kapu'. The birth extract sent by her stated that she belonged to the 'Telaga' comm...
Jaldu Anantha Raghurama Arya Alias Rama Rao Vs. Commissioner of Income ...
Court: Andhra Pradesh
Decided on: Feb-10-1959
Reported in: [1959]37ITR371(AP)
CHANDRA REDDY, C.J. - The questions referred to this court under section 66(2) of the Indian Income-tax Act are these :'1. Whether there is material to hold that Subbarao purchased the stock in question and suppressed then in the account of the previous years and2. If they were suppressed stock, could the petitioner be assessed on the basis of suppressed stock for the accounting year 1942-43 ?'This reference arises out of the assessment made on Jaldu Anantha Raghuramayya, alias Ramarao, adopted son of the Jaldu Venkata Subbarao, who was carrying on business in timber. Venkata Subbarao died on 22nd June, 1942. Soon after his death, the executors and trustees took over the management of his estate. During the assessment proceedings for the year 1943-44, the examination of the accounts of the Masulipatnam timer deport produced by the executors revealed excess sales and closing stock of the value of Rs. 75,073. When called upon to explain the excess sales and closing stock, the executors c...
Sulemani Begum and ors. Vs. Ghulam Mohammed Shafi Khan
Court: Andhra Pradesh
Decided on: Feb-06-1959
Reported in: AIR1960AP381
Ansari, J.1. The appellants are the representatives of the deceased plaintiff. She was the sister of one Ghousia Begum who was married to the respondent. Ghousia Begum belonged to the Sunni Hanafi School of Mohammadan Law and had died leaving as her heirs, her mother, her sister and the husband. The mother had also died leaving the deceased plaintiff as her only heir. The sister in her own light and as her mother's heir has filed a suit, out of which this appeal arises in forma pauneris on Farwardi 11, 1353F. (12-2-1944), Thereby she has claimed hers and the mother's shares in the estate of the deceased sister. The amount comes to Rs. 14,195/- part of it being the dower debt of the deceased from the husband and part being the dowry, which the wife had brought on the occasion of the marriage.The trial court on Behman 28, 1354 F. (30-12-1944) rejected the application to sue in forma pauperis, and ordered the plaintiff to pay the necessary court-fee. No payment was made within the period ...
Grand Hotel, Abid Road, Hyderabad Vs. Commissioner of Income Tax, Hyde ...
Court: Andhra Pradesh
Decided on: Feb-04-1959
Reported in: AIR1960AP67; [1959]36ITR453(AP)
Chandra Reddy, C.J. 1. The question referred to this Court by the Income-Tax Appellate Tribunal, Bombay Bench, is :'Whether on the facts and circumstances of the case, the Tribunal was right in refusing registration on the ground that the profits were not distributed between the partners'.The reference relates to the assessment years 1951-52, 1952-53 and 1953-54, the chargeable accounting periods being 1950-51, 1951-52 and 1952-53. The facts leading up to the reference may be stated in a few words. The assessee is a firm running a hotel under the name and Style of 'Grand Hotel' in Abid Road, Hyderabad. It has been carrying on this business for the last several years. Originally, it was constituted under a deed of partnership which was registered before the Registrar of Assurances. It was assessed in the status of a 'Registered Firm' for 1949-50, 1950-51 for which the previous years were Fasli years 1357 and 1358.It appears that there was a change in the constitution of the firm on 29-8...
In Re: Bhupalli Malliah and ors.
Court: Andhra Pradesh
Decided on: Feb-03-1959
Reported in: AIR1959AP477; 1959CriLJ1045
Krishna Rao, J.1. I agree with my learned brother's conclusions and would like to express the reasons in a few words of my own.2. On behalf of accused 1, 3 and 12 the learned counsel, Sri Krishna Reddi, placed in the forefront of his arguments the contention that they have been prejudiced in their defence at the trial. He did not press for a determination of the other points raised in the appeals, if we proposed to give effect to the contention and order a retrial. As comments by us on the evidence would have embarrassed a fair retrial, we have examined the facts for the limited purpose of determining whether a retrial is necessary.3. The first point taken was that the charge did not give the accused proper notice of the offence they had to meet. This problem has to be solved bearing in mind the principles explained by their Lordships of the Supreme Court in W. Slaney v. State of M.P. : 1956CriLJ291 and the provisions of Section 537 Criminal Procedure Code. The relevant portion of Sect...
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