Andhra Pradesh Court March 1962 Judgments
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Public Prosecutor Vs. Ediga Venkata Swami
Court: Andhra Pradesh
Decided on: Mar-30-1962
Reported in: AIR1967AP131; 1967CriLJ603
(1) This appeal is directed against the order of the Judicial First Class Magistrate, Kurnool dated 20th September 1960 in C. C. No. 73 of 1960, acquitting the respondent herein of a charge under Section 7 and 16(1) read with Section 2(1)(a) and rule 44 (B) of the Prevention of Food Adulteration Act (Act 37 of 1954), hereinafter called the Act.(2) The respondent was charge-sheeted by the Municipal Health Officer, Kurnool, under the provisions of the Act alleging that on 15-10-1959 at about 6-30 a.m. he was found in possession of adultered cow milk, which he was carrying for the purpose of sale. It is stated that three-fourth seer of milk was taken from the respondent with the usual formalities and sent to the Public Analyst on 20-10-1959. The Public Analyst gave the opinion (Ex. P-4) that the milk was adultered containing 11% of added water. The opinion was given on 14th May 1960 and subsequently a charge-sheet was laid against the respon1960. The respondent pleaded not guilty.(3) The ...
State of Andhra Pradesh Vs. Sri Chintalapudi Ramachandra Row and ors.
Court: Andhra Pradesh
Decided on: Mar-28-1962
Reported in: [1962]13STC697(AP)
Venkatesam, J.1. All these three tax revision cases raise an identical question regarding the construction of the proviso to Section 3(1)(b) of the Madras General Sales Tax Act of 1939 (hereinafter referred to as 'the Act'). T.R.Cs. Nos. 28 and 29 of 1961 relate to different periods of the assessment year 1953-54, while T.R.C. No. 37 of 1961 relates to the assessment year 1954-55. The respondent in T.R.C. No. 29 of 1961 was the proprietor of Sri Ravindra Restaurant, Vijayawada, from 1st April, T953 to 31st October, 1953, while the respondent in T.R.C. No. 28 of 1961, Chintalapudi Ramachandra Row and Veeramachaneni Gangiah, were the proprietors of the hotel from 15th November, 1953 till the end of the assessment year. The respondent in T.R.C. No. 37 of 1961 is the proprietor of a hotel called Brindavan Vilas of Vijayawada.2. The facts which are not in dispute are that Ravindra Restaurant was a military meals hotel which was serving to its customers meals, vegetables, mutton, curries, da...
Peddigari Annapurnamma Vs. Peddigari Appa Rao
Court: Andhra Pradesh
Decided on: Mar-27-1962
Reported in: AIR1963AP312
P. Chandra Reddy, C.J.1. These two appeals arise out of O. P. Nos. 79 and 105 of 1957 respectively and raise a common question, namely, whether the respondent was suffering from a 'virulent and incurable form of leprosy' for a period of not less than three years immediately preceding the presentation of the petition (O. P. No. 79 of 1957).2. The parties are the same in both the appeals. The wife preferred O. P. No. 70 of 1957 for dissolution of marriage by a decree of divorce under Section 13(1)(iv) of the Hindu Marriage Act alleging that her husband had been suffering from a virulent and incurable form of leprosy from the year 1953. It was alleged in the petition that their marriage took place in their childhood, that after she attained puberty the marriage had been consummated, that she led conjugal life with her husband for about six months when she discovered that he had symptoms of loathsome skin disease and that later on it was found to be leprosy which was incurable and was of a...
In Re: Ghulam Sarwar Figar
Court: Andhra Pradesh
Decided on: Mar-26-1962
Reported in: 1962CriLJ740
ORDERP. Chandra Reddy, C.J.1. This application Under Section 99-B of the Criminal Procedure Code is made in the following circumstances.2. An order of forfeiture of the book called 'Mawai Kashmir' was made by the Government of West Bengal on the 6th November 1961 on the ground that the book published by the petitioner was deliberately And maliciously intended to promote feelings of enmity and hatred between the Hindu and Muslim citizens Of India, the publication of which was punishable under Section Ib3-A IPC This was also published in the Gazette of West Bengal. The Government of Andhra Pradesh re-published the notification on 28-12-1961 bearing Notification No. G. 0. Ms. 2437 dated 7-12-1961. The petitioner seeks to set aside the order of forfeiture of the book called 'Nawai Kashmir' printed at Taj Press, Calcutta, published by Hati and Co., and for costs of and incidental to the petition.3. It may be mentioned here incidentally that in the petition the prayer is to set aside notific...
The State of Andhra Pradesh Vs. Pyarelal Malhotra
Court: Andhra Pradesh
Decided on: Mar-23-1962
Reported in: [1962]13STC946(AP)
Venkatesam, J.1. This tax revision case is preferred by the State of Andhra Pradesh against the order of the Sales Tax Appellate Tribunal in Tribunal Appeal No. 256 of 1960 on its file. The relevant facts are these.2. The assessee-respondent opened a branch office at Masulipatnam on 14th July, 1958, as dealers in Usha Sewing Machines and their spare parts. For the assessment year 1958-59 they failed to submit a return in Form A of the estimated turnover, or Form A-1 of the actual turnover. They, however, got themselves registered as dealers soon after they opened the branch at Masulipatnam. The concerned Assistant Commercial Tax Officer inspected the business premises of the assessee and checked the accounts, and found the turnover relating to their sales for the year ending March, 1959, to be Rs. 17,177-37 nP. Thereafter, the dealers voluntarily filed the annual return in Form A-1 on 17th August, 1959, disclosing the turnover of Rs. 17,177-37 nP. Subsequently, the Assistant Commercial...
Public Prosecutor Vs. Devireddi Nagi Reddi
Court: Andhra Pradesh
Decided on: Mar-23-1962
Reported in: 1962CriLJ727
Umamaheswaram, J.1. This petition comes on for hearing before us as a result of the reference made by one Of us (Chandrasekhara Sastry, J.,) sitting with Jaganmohan Reddy, J. This petition is filed by the Public Prosecutor, Andhra Pradesh under Article 225 of the Constitution and -Section 561-A of the Code of Criminal Procedure, to declare that the judgment of our learned brother Mr. Justice Sanjeeva Row 'Nayudu dated 6-7-1959 in. Criminal Appeal No. 14. of 1959 and Criminal Revision case No. 682/ 1958 is without jurisdiction, void and of no legal effect and to quash the same. .2. The circumstances under which the Application was filed are as follows:3. The respondent, Devireddi Nagileddy, was tried by the Sessions Judge of Cuddapah in Sessions Case No. 43/58 on a charge Under Section 302 of the Indian Penal Code for having caused the death of one Subbi Reddy. The teamed Sessions Judge convicted him Under Section 326 of the Indian Penal Code and sentenced him to two years' rigorous imp...
Fernandez (J.C.P.) Vs. State of Andhra Pradesh (Secretary to Governmen ...
Court: Andhra Pradesh
Decided on: Mar-22-1962
Reported in: (1962)IILLJ34AP
ORDERKrishna Rao, J.1. This is a petition under Article 228 of the Constitution for the issue of a writ of mandamus compelling the Government of the State of Andhra Pradesh to treat the petitioner as a permanent employee in the post of Superintendent, Dairy cum-Bull Farm, category 2 of class 5 of the Madras (Andhra) Animal Husbandry Service from 15 July 1955.2. The facts are briefly these. By G.O. Ms. No. 32-87, dated 15 July 1953, the Government of Madras appointed the petitioner temporarily to the post of Superintendent, Dairy-cum-Bull Farm, Visakhapatnam, in category 2 of class 5 of the Madras Animal Husbandry Service with effect from the date of the order, i.e., 15 July 1953. He worked in the post from 27 July 1953 and proceeded on leave from 26 December 1953 afternoon. On return from leave he was appointed as District Veterinary Officer, Nellore. It was a post falling under category 1 of class 5 of the Madras Animal Husbandry Service, and he took charge of that post on 13 February...
Pingle Venkata Rama Reddy Vs. Kakarla Buchanna and anr.
Court: Andhra Pradesh
Decided on: Mar-19-1962
Reported in: AIR1963AP1
P. Chandra Reddy, C.J.1. This appeal has been referred to a Full Bench by our learned brothers Manohar Pershad and Kumarajju JJ. as they thought that it involves important questions of law which will be adverted to presently.2. The facts and the circumstances leading upto the litigation may be briefly related. The appellant obtained a decree against the respondents on the 28th December, 1931. He levied execution of his decree on the 31st of October 1932 seeking to attach all the move-able and immoveable properties of the judgment-debtor and part satisfaction was recorded. Subsequently, a number of execution petitions were filed with prayers either for attachment of the properties of the judgment-debtors or for his arrest. It is not necessary to make a detailed reference to them except to the one which preceded the execution petition in question and that is the one dated 25-8-1951. In this petition, the decree-holder prayed for attachment of the properties of the judgment-debtors. It mu...
Jummarlal Surajkaran Vs. Commissioner of Income-tax, Andhra Pradesh.
Court: Andhra Pradesh
Decided on: Mar-16-1962
Reported in: [1963]47ITR809(AP)
CHANDRA REDDY C.J. - In compliance with the order of this court under section 66(2) of the Indian Income-tax Act the following questions have been referred to this court for its opinion.'(i) Whether, on the facts and in the circumstances of the case, the transactions of purchase and sale of 650 bales of gunny bags by the assessee were speculative transaction within the meaning of section 24(1) of the Income-tax Act and(ii) Even otherwise, whether the assessee is not entitled to a set-off of this loss against his other business income falling under section 10 of the Act ?'The material facts may be briefly narrated. The assessee carries on business as merchant and commission agent in several commodities, both ready business and forward business being done in such commodities. In the assessment year 1954-55 for which the 'previous year' is the Dewali year ended November 6, 1953, the assessee adjusted a loss of Rs. 28,839 sustained in certain forward transactions relating to new gunnies ag...
Sardar Anmol Singh Vs. Registrar, Osmania University, Hyderabad, A. P. ...
Court: Andhra Pradesh
Decided on: Mar-13-1962
Reported in: AIR1963AP83
ORDERSeshachelapati, J. 1. This is a petition under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus directing the respondents 1 and 2 to refrain from enforcing their orders with regard to the petitioner contained in their communication dated 14-10-1961 and to declare the examination results of the petitioner, or, in the alternative to permit him to sit for the forthcoming examination of the Bachelor of Arts (III-year) Final of the Osmania University.2. The petitioner was a student of the Nizam College, Hyderabad, studying for the degree of Bachelor of Arts, of the Osmania University. He appeared with the roll No. 1476 for his B. A. (II-year) Examination held in September-October, 1960, at the Nizam College, which was one of the centres fixed by the University. One of the subjects in which the petitioner took his examination was Economics, being one of his optional subjects. The Examiner in Economics, Mr. S. G. Moghe, who valued the petitioner's pape...