Andhra Pradesh Court July 1959 Judgments
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R. Abdul Khader and Co. by Partner R. Abdul Khader Vs. Sales Tax Offic ...
Court: Andhra Pradesh
Decided on: Jul-16-1959
Reported in: AIR1960AP395
Chandra Reddy, C.J.1. In these petitions, the validity of Section 11 (2) of the Hyderabad Sales-tax Act is assailed. Before we examine the soundness of the contention based on the provisions of Section 11 (2) of the Act, it is useful to state the material facts on which the decision of the department was based. The petitioners in W. P. No. 1123 of 1956 acted as agents in the State of Hyderabad to both resident and non-resident principals in regard to the sale of betel leaves. Under the Hyderabad General Sales-tax Act betel leaves were made taxable at the purchase point from 1st May 1953 and prior to that they were liable to tax at the sale point. For the assessment year, the petitioners collected sales-tax from the purchasers assuring the purchasers that the incidents of tax lay on the sellers and that there would be no further liability on the part of the purchasers to pay the tax. The petitioners also withheld these amounts from the principal for the purpose of making it over to the ...
Movva Veerayya Vs. State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jul-15-1959
Reported in: AIR1960AP268
Chandra Reddy, C.J.1. This Letters Patent Appeal is directed against the judgment of our learned brother Mr. Justice Bhimasankaram refusing to quash an order of the Government confirming that of the Central Road Traffic Board, Andhra State.2. The material facts on which the decision in this appeal has to be based may be set out. The petitioner was one of the ninety-one applicants be-tore the Regional Transport Authority, Guntur, for the grunt of a Stage-carriage permit on the route Guntur to Bepalle. He was successful in obtaining the permit from the Regional Transport Authority. The 4th respondent along with some other unsuccessful applicants appealed against that order to the Central Road Traffic Board, Andhra State. The Chairman of the Board alone heard the appeal as the other members thereof did not turn up in time to attend the meeting. After hearing all the parties, he set aside the order in favour of the appellant and directed the grant of the permit to the 4th respondent. The a...
The State of Andhra Pradesh Vs. the Dunlop Rubber Co. (India) Limited ...
Court: Andhra Pradesh
Decided on: Jul-15-1959
Reported in: [1960]11STC632(AP)
Chandra Reddy, C.J.1. The main controversy in most of these cases centers round the interpretation of Section 2 of the Hyderabad General Sales Tax Act (hereinafter referred to as 'the Act'). The tax revision cases are directed against the order of the Sales Tax Appellate Tribunal, upholding the objections of the assessees that the sales in question were not taxable as they do not come within the purview of Section 2(k) of the Act. Some of the writ petitions also raise the same question, while others deal with the constitutionality of Section 11 (2) of the Act.2. We shall first take up one of the tax revision cases, which involves the construction of Section 2(k)of the Act, as the decision therein will govern the rest of them.3. T.R.C. No. 62 of 1958.-This relates to the assessment year 1953-54. The respondents, who are the assessees, are a limited company carrying on business in rubber tyres, tubes,etc., in the erstwhile Hyderabad State with their office at Bombay. The assessees sold t...
In Re: the Public Prosecutor
Court: Andhra Pradesh
Decided on: Jul-14-1959
Reported in: AIR1960AP64
Munikanniah, J. 1. When Criminal Appeal No. 348 of 1959 is about to be taken up to consider whether it could be admitted, the learned Public Prosecutor contended that in regard to an appeal tiled by the Public Prosecutor under the direction of the State Government under Section 417 Cr. P. C., this Court has no power to summarily dismiss an appeal, as it should be considered that right of the State to prefer an appeal could not be interfered with by the Court at the admission stage, but any appeal preferred by the Public Prosecutor under the direction of the State Government should be dismissed only on merits after notice to the accused. In support of this plea, the learned Public Prosecutor formulated the point under the following heads: (1) That Section 421 Cr. P. C. does not refer to Section 417 Cr. P. C. and the absencei of mention of that section as well as Section 411A Cr. P. C. in that provision makes it possible to contend that Section 421 does not apply to cases of appeal filed...
Ch. Moses Vs. K.D. Larael and ors.
Court: Andhra Pradesh
Decided on: Jul-13-1959
Reported in: AIR1960AP312
Chandra Reddy, C.J.1. This is an appeal against the order of the District Judge, Visakhapatnam dismissing an application filed by the appellant under Order XXI Rule 32 of the Code of Civil Procedure for execution of a scheme decree. An action was laid under Section 92 of the Code of Civil Procedure by the present appellant and another for settlement of a scheme and for certain other reliefs in regard to the London Mission Memorial Church. Visakhapatnam. Ultimately, this ended in a consent decree. By and under the terms of the decree, a scheme was settled for the management of the Church in question providing inter alia for the leasing out of the properties of the Church in public auction, for the appointment of legal advisers, for maintenance of proper accounts and for auditing of accounts. It was also agreed between the parties that all records relating to the properties of the Church such as title deeds, wills, lease etc., should be kept in the premises of the Church and a list of th...
Public Prosecutor Vs. Nelluru Subrahmanyam
Court: Andhra Pradesh
Decided on: Jul-13-1959
Reported in: AIR1960AP584; 1960CriLJ1417
Sanjeeva Row Nayudu, J.1. These appeals are directed against the judgment and order of the Judicial First Class Magistrate, Visakhapatnam directing the acquittal of the respondent, hereinafter referred to as the accused, of the three charge-sheets preferred against him under Section 16 read with Sections 7 and 2(j) of the Prevention of Food Adulteration Act (Central Act No. 37 of 1954) hereinafter referred to as the Act2. The facts of the prosecution case are briefly as follows: On 10-8-1957, the Food Inspector, complainant in the case, proceeded to the premises of the Markendeya Rice Mill and found there a number of bags with TOOR Dhall stocked, in all amounting to 98 bags. He wanted that three quarters seer of the redgram contained in these bags be sold to him for Re. 0-6-6.It is the case of the prosecution that the accused is the Managing Partner of Sri Rama Trading Company which company was a whole-sale dealer in pulses and other food-stuffs, that the accused is also a partner of d...
T. Satyanarayana, Municipal Commissioner, Eluru Vs. Government of Andh ...
Court: Andhra Pradesh
Decided on: Jul-10-1959
Reported in: AIR1960AP363; (1959)IILLJ567AP
ORDERMohd. Ahmed Ansari, J.1. This writ petition seeks Mandamus against the State Government to retire the petitioner in accordance with law after altering the petitioner's date of birth in his service register to 6-12-1904. At present the writ petitioner is 1st grade Municipal Commissioner of Eluru with a monthly salary of Rs. 420/- and clearness allowance of Rs. 70/-. He has been in service since 9-11-1934, which would be counted for purposes of his pension. On 16-12-1958 the respondent by G. O. No. 2623/LA had admitted all the Municipal Commissioners to the benefit of the provident fund pension scheme, and these employees would also be entitled to half pension if they put in service for 25 years or proportionate pension where the service be less.The cause for filing the petition is that the respondent by G. O. (Ms) No. 27/LA dated 5-1-1959 had informed the petitioner that he was due to retire on 12-7-1959. This date of the superannuation had been calculated on the basis of the entry...
Workers of Srirama Sugars and Industries Ltd., Bobbili Vs. Industrial ...
Court: Andhra Pradesh
Decided on: Jul-09-1959
Reported in: AIR1960AP485; (1959)IILLJ704AP
ORDERMohd. Ahmed Ansari, J.1. The petitioners are the Sri Rama Sugar Mill Labour Union, and seek Certiorari to vacate the award by the Industrial Tribunal, which was published in the State Gazette of 25-4-1957. Six questions had been referred to the aforesaid Tribunal by the Industrial Dispute No. 24 of 1956: but only the following three had been answered:1. Payment of bonus for the years 1951-52 and 1952-53;2. Payment of Dearness Allowance, and3. Leave facilities.So far as the first question was concerned the Tribunal has held that from the scrutiny of the balance sheets and the evidence of the accounts, there was no balance for the payment of bonus for the two years referred to in the question. The claim for the dearness allowance has also been found not justified, partly because cost of living index was similar to that when the earlier award between the parties to the dispute was given, so that what was then fixed did not require any increase, and partly because of section of the em...
Public Prosecutor (Andhra Pradesh) Vs. T.S. Prasad
Court: Andhra Pradesh
Decided on: Jul-07-1959
Reported in: AIR1960AP193; 1960CriLJ457
Sanjeeva Row Nayudu, J.1. This is a State appeal against the order of the Sub-Magistrate, Pithapuram, who, acting under Section 247, Criminal Procedure Code, acquitted the accused.2. It is contended by the learned Public Prosecutor that the case was posted for hearing to 5-3-1958, which was a public holiday being the Holi festival day, but nevertheless the complainant, who was the Assistant Inspector of Labour attended the Court at 11 O'clock the usual hour, but he was informed by the Clerk of the Court that the Magistrate had gone on camp and he was not likely to come back for some time and accordingly the complainant went to have his mid-day meal at one O'clock, having informed the clerk of the court that he would be returning by half past one. Apparently, the Sub-Magistrate returned from camp, attended the Court during the interval, called the case and acquitted the accused throwing out the complaint 3. The question for consideration is, whether the order of the Magistrate is valid ...
Mohammed NaseeruddIn Vs. State of Andhra Pradesh, Hyderabad
Court: Andhra Pradesh
Decided on: Jul-02-1959
Reported in: AIR1960AP106
Jaganmohan Reddy, J.1. These two writ petitions have been filed by the husband and wife against an order served on them under Clause (c) of Sub-section (2) of Section 3 of Central Act XXXI of 1946, directing the petitioners to leave India within a period specified therein. Writ Petition 810 of 1957 is by the husband, while Writ Petition 122 of 1958 is by the wife. The facts in so far as they are relevant may briefly be stated.2. The petitioners, Nasiruddin and his wife Shafekhan begum, were born in India in or about 1931 and 1937 respectively and it is indisputable that they resided in India after its independence in 1947 and up to the time India was declared a Republic on 26-1-1950. Both the petitioners and their respective parents were natives of Nagina in Uttar Pradesh and though the parents of Nasee-ruddin carried on business in Hyderabad in the name of Calcutta Bakery, their contacts with Nagina were maintained. In 1946 the petitioners were married at Nagina.It may be stated that ...
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