Andhra Pradesh Court April 1961 Judgments
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Jayathilal Dhanji and Co. Oil Mills Vs. Employees State Insurance Corp ...
Court: Andhra Pradesh
Decided on: Apr-21-1961
Reported in: AIR1963AP210; (1961)IILLJ542AP
Sanjeeva Row Nayudu, J.1. This appeal is directed against the judgment and Order of the Employees' Insurance Court, Hyderabad dated 3-11-1958 in Case No. 12 of 1957 on the ma of the said Court, allowing a claim for Rs. 4,802-8-0 being the arrears of Employees' contribution payable by the present appellant to the Employees' State Insurance Corporation, Hyderabad, on account of the accident which occurred on 27-6-1956 in which one Sri Gowla Mallayya, an employee of the employment sustained injuries and death.2. Two points have been urged before me by Mr. B. C. Jain, the learned counsel for the appellant in support of the appeal viz., (1) that there was no negligence on the part of the appellant, and that the accident in question did not result by reason of the appellant's negligence to observe any of the safety rules laid down or any enactment applicable to a factory or establishment, or by reason of any wrongful act of the employer or his agent, so as la tender the application of Sectio...
In Re: Pasupulati Nanjappa
Court: Andhra Pradesh
Decided on: Apr-21-1961
Reported in: AIR1961AP471; 1961CriLJ611
Anantanarayana Ayyar, J.1. The Additional Sessions Judge of Cuddapah received C. A. No. 71 of 1960 filed i.e., presented by an appellant (P. Nanjappa) against his conviction and sentence by Judicial Second Class Magistrate, Cuddapah and disposed it of by setting aside the conviction and sentence and remanding the case for retrial. The same appellant filed Cri. R. C. 372 of 1960 against that judgment of the Additional Sessions Judge.2. The Additional Sessions Judge, Srikakulam heard C. A. No. 269 of 1959 against conviction and sentence by Judicial II Class Magistrate, Sompeta. A preliminary objection was raised by Assistant Public Prosecutor Grade I, Sriiakulam, that an Additional Sessions Judge was not competent to receive an appeal and that, therefore, the appeal (which had been received and admitted by the Additional Sessions Judge) was liable to be dismissed for want of jurisdiction. The learned Additional Sessions Judge upheld the objection and, accordingly, returned the appeal for...
Guntur Tobaccos Ltd., Guntur Vs. Government of Andhra (Now Andhra Prad ...
Court: Andhra Pradesh
Decided on: Apr-21-1961
Reported in: AIR1961AP520; [1961]12STC668(AP)
Satyanarayana Raju, J.1. These Tax Revision Cases have been referred for the decision of the Full Bench by Mohamed Ahmed Ansari, J. (as he then was), and Jaganmohan Reddy, J.2. The question for decision in these cases is whether the price of the materials used for packing re-dried tobacco is liable to be included in the taxable turnover of the assessees.3. The petitioners, who are hereinafter refer red to as 'the assessees', are a private limited company registered under the provisions of the Indian Companies Act, having their place of business in Guntur town. They have a plant for redrying raw tobacco, which is a process designed to create suitable conditions for the proper manuring of the leaf,4. For a proper appreciation of the contentions raised before us, it is necessary to understand the nature and purpose of what is, in common parlance, known as the redrying process. After the grading and stripping operations are over, the leaf is reconditioned or redried. For the purpose all th...
National Tobacco Company (India), Ltd. Vs. Miriyala Kalidas and ors.
Court: Andhra Pradesh
Decided on: Apr-13-1961
Reported in: (1962)IILLJ207AP
Chandra Reddi, C.J.1. The petitioner seeks the issuance of a writ of prohibition to restrain the authority under the Payment of Wages Act from proceeding further with the hearing of P.W. No. 38 of 1959.2. Certain workmen, whose status la now in dispute, applied under Section 15(2) of the Payment of Wages Act for the reliefs contemplated by that section. They first approached the regional inspector of factories for directing the petitioner to grant them leave with wages. The concerned Inspector went into the question and decided that they were workmen entitled to leave with wages and called the petitioner to give them leave with wages. On Intimation by the regional inspector, the petitioner postponed the payment laying that his Calcutta office was considering the matter and wanted the applicants to wait.3. As the petitioner did not implement the direction of the regional Inspector, the matter was referred to the Chief Inspector of Factories. The latter informed the president of the Gene...
Chilakamarti Kotaiah Vs. Addanki Venkata Subbaiah
Court: Andhra Pradesh
Decided on: Apr-10-1961
Reported in: AIR1962AP49
Chandra Reddy, C.J.(1) The question to be answered by the Full Bench is whether a suit on the allegation that the defendant had purchased property in his own name at a court auction for the benefit of the plaintiff at a time when he was acting as the agent of the plaintiff would fall within the scope and ambit of Section 66, C.P.C.(2) The facts necessary for the purpose of this enquiry may be briefly narrated. The plaintiff's father died, in the year 1931 leaving debts and some immoveable property. The plaintiff was at that time a minor. His mother who was illiterate found herself unequal to the task of managing the properties and sought the assistance of the defendant to manage the properties and to discharge the debts. He assumed management in 1931 which continued till 1940. The defendant persuaded all the creditors except one to give remission and also arranged for the sale of some of the properties to discharge the debts by name Lakshmamma, who was not willing to give up any part o...
Yelukuru Satyanarayana Vs. Assistant Controller of Estate Duty, Kurnoo ...
Court: Andhra Pradesh
Decided on: Apr-10-1961
Reported in: AIR1962AP107; [1961]43ITR51(AP)
ORDER(1) This is a petition for the issue of a writ of prohibition restrining the Estate Duty Officer, Kurnool from proceeding to pass an order under Sec. 55 of the Estate Duty Act and assessing the estate of the petitioner's adopted mother Lakshmi Devamma as one which passed on her death to the petitioner.(2) The petitioner is the adopted son of Ramaih Chetty who died on 6-11-1918 leaving his widow Lakshmi Devamma. By and under a will dated 6-11-1918 the deceased authorised his widow to adopt a son who from the date of adoption will be entitled to his properties. Pursuant to this authority, the widow Lakshmi Devamma adopted the petitioner on 9-12-1945 having performed the ceremonies of adoption and executed a registered adoption deed on the same day evidencing this fact. This adoption was challenged by revisioners and utimately the matter went up to High Court and was decided in favour of the petitoner holding the adoption and the deceased Lakshmi Devamma, adopted mother, as guardian ...
S. Srinivasulu Advocate Claimant Vs. Land Acquisition Officer (Special ...
Court: Andhra Pradesh
Decided on: Apr-05-1961
Reported in: AIR1963AP279
Umamaheswaram, J.1. All these appeals arise out of O. P. Nos. 29 to 32 of 1956 on the file of the Subordinate Judge of Anantapur. An extent of 206 acres and 41 cents belonging to 41 persons was acquired by the State of Madras (now Andhra Pradesh) for constructing the Engineering College at Anantapur. The claimants in O. P. Nos. 29 to 32 of 1956 not being satisfied with the award ma3e by the Special Deputy Collector, Land Acquisition, Anantapur applied for a reference under Section 18 Land Acquisition Act claiming enhanced compensation. The Special Deputy Collector awarded compensation at the rate of Rs. 300,'- per acre. The Subordinate Judge in-creased the compensation at Rs. 900/- per acre. Appeals Nos. 344 to 347 of 1957 were filed by the Land Acquisition Officer on the ground that the compensation ought not to have been 'enhanced. The claimants in O. P. Nos. 29. 30 and 32 of-1956 have preferred memoranda of cross-objections claiming compensation at the rate of Rs. 2,000/-pcr acre. S...
Marakaiah (R.) Vs. Tribunal for Disciplinary Proceedings
Court: Andhra Pradesh
Decided on: Apr-05-1961
Reported in: (1961)IILLJ536AP
Narasimham, J.1. This Is an appeal against the judgment of our learned brother Seshachelapati, J. In Writ Petition No. 316 of 1960 rejecting the prayer of the appellant; for the issuance of a writ of prohibition or other appropriate writ, direction or order restraining the Tribunal for Disciplinary Proceedings from proceeding with the enquiry against the appellant.2. The facts of the appellant's case are briefly these:-- The appellant was entertained in the revenue department on 11 March 1942. He worked as the deputy tahsildar, Sringavarapukota in Visakhapatnam district from 2 May 1954 to 6 December 1954 and from 16 May 1955 to 2 November 1955. He was promoted as tahsildar on 3 November 1955 and was continuing in that capacity. On complaints made to the authorities alleging that he had received illegal gratifications in granting taccavi loans when the appellant was the deputy tahsildar, the X Branch, C.I.D. enquired into the allegations and reported to the Government that there was suf...
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