Andhra Pradesh Court July 1960 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Gandi Pudapunaidu and ors. Vs. State of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Jul-06-1960
Reported in: 1961CriLJ461
Basi Reddy, J.1. This matter has been referred to a Division Bench by Krishna Rao, J. as he felt there is a conflict of views between two learned single Judges of this Court with regard to the powers of an Additional Sessions Judlge-cum-Additianal District Magistrate to transfer cases from one Magistrate to another which is the very question involved in these two connected Criminal Revision Cases. We will, first decide this matter by reference to the relevant provisions of the Code of Criminal Procedure and then try to resolve the conflict, if any.2. The facts giving rise to these revision cases are as follows:On the 25th November, 1958, one Kilaparthi Sanyasi, filed a complaint before the Judicial Second Class Magistrate, Salur, against Gandi Pudapunaidu and twenty-four others for offences under Sections 395, 148 and 324 I.P.C. alleging that the twenty-five persons had, by use of force, carried away a large quantity of grain belonging to him. The Magistrate took the case on file as P....
Penumatcha Lakshmi Narayanaraju Vs. Padala Chellareddy and ors.
Court: Andhra Pradesh
Decided on: Jul-05-1960
Reported in: AIR1961AP117; 1961CriLJ363
Munikanniah, J. 1. This revision petition is before us having been referred to a Bench by our learned brother, Jagan mohan Reddy, J. 2. The relevant facts to be noticed are : In C. C. No. 353/59 on the file of the Principal Judicial Second Class Magistrate, Tanuku, seven accused were charge-sheeted for offences punishable under Sections 147 and 323, I. P. C. On 12-3-1959 the learned Magistrate discharged accused 4 to 7 under: Section 251-A (2), Cr. P. C. as, in his opinion, the charge against them is groundless; and the trial proceeded against the other accused viz., accused 1 to 3. The complainant filed a revision application tinder Section 435 of the Code of Criminal Procedure against this order of discharge and it was heard by the Additional Sessions Judge, Eluru. It was urged before the learned Additional Sessions Judge that the Judicial Second Class Magistrate, who discharged the accused, did not assign in support of the order any reasons and that therefore the order of discharge ...
Kothakapa China Konda Reddy Vs. R. Venkata Rao and ors.
Court: Andhra Pradesh
Decided on: Jul-05-1960
Reported in: AIR1961AP175
Jaganmohan Reddy, J.1. In this second appeal the point that is urged and argued is whether the suit, the subject-matter of this appeal, which is filed on a subsequent mortgage, is tenable having regard to Section 67-A of the Transfer of Property Act. In order to determine this question a few facts maybe briefly stated. The 1st defendant executed a prior mortgage deed dated 18-10-1940 in favour of Kurnool Co-operative Urban Bank for Rs. 1,500/-. He later executed a second simple mortgage dated 28-4-1945, in favour of Sampathi Maldl Reddi for Its. 3,000/-.Out of the proceeds of the mortgage amount he discharged the first mortgage by paying Rs. 1,467-7-0. On 18-1-1947 he created a third mortgage in favour of the plaintiff for Rs. 5,000/-undertaking to pay Rs. 3,440/- in discharge of the second mortgage but he only paid a sum of Rs. l,460/-. A fourth mortgage was executed by him in favour of the plaintiff, the third mortgagee, for a sum of Rs. 3,000/- on 12-5-1947.The first usufructuary mo...
Devurapalli Apparao and ors. Vs. the State of Madras (Now Andhra Prade ...
Court: Andhra Pradesh
Decided on: Jul-04-1960
Reported in: [1960]11STC577(AP)
Chandra Reddy, C J.1. This appeal, under Clause 15 of the Letters Patent is against the judgment of Umamaheswaram, J., in Appeal No. 1066 of 1953.2. This arises out of the assessment made by the Sales Tax Department on a turnover of Rs. 3,30,303-10-11 relating to the period from 1st April, 1949, to 25th January, 1950. During this period, the asses-see, whose legal representatives are the appellants, exported copra to merchants in. the United Kingdom and other European countries. Exemption was claimed in regard to this turnover on the ground that they did not constitute sales within the meaning of Section 2(h) of the Madras General Sales Tax Act (IX of 1939). It was contended by the appellants that as the sales took place outside India there was no scope for invoking the Madras General Sales Tax Act. This plea did not find favour with the department with the result that this turnover was brought to tax. This was confirmed on appeal by the Commissioner of Commercial Taxes.3. Questioning ...
Mandava Balarama Krishnamurthi Vs. the State of Andhra Pradesh and anr ...
Court: Andhra Pradesh
Decided on: Jul-01-1960
Reported in: [1961]12STC83(AP)
Seshachalapati, J. 1. In this batch of writ petitions a common question of law has been raised and argued. I shall take up W. P. No. 130 of 1959, as whatever decision I render therein would govern the other cases.2. W.P. No. 130 of 1959.-The petitioner is a resident of Narasaraopet. For the assessment year 1957-58, he submitted a return in Form A-3 showing a gross turnover of Rs. 1,13,044-2-9 and claimed exemption with respect to a sum of Rs. 1,12,934-5-3. The net turnover as disclosed by him was Rs. 109-13-6. By an order dated 25th November, 1958, the Deputy Commercial Tax Officer, Narasaraopet, determined the net turnover for the purpose of assessment at Rs. 51,875-7-6.3. The petitioner is a manufacturer of and dealer in castor oil. The petitioner-firm purchases castor seeds and presses them into castor oil. It is alleged that the firm did exclusive business in such produce, during the assessment year and it claimed, therefore, exemption, in accordance with the terms of Notification ...
- ‹ Prev
- 1
- 2
- Next ›