Andhra Pradesh Court June 1968 Judgments
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J. Moosa and Sons Vs. Commercial Tax Officer and anr.
Court: Andhra Pradesh
Decided on: Jun-19-1968
Reported in: [1969]23STC133(AP)
P. Jaganmohan Reddy, C.J.1. The petitioner in both the petitions is a firm carrying on business of auctioneers. They auction at their auction hall articles which are entrusted to them by various persons, and in accordance with their directions. The Commercial Tax Officer issued a notice to the petitioner on 6th December, 1965, proposing to assess the firm as a dealer. Against this, a Writ Petition No. 1951 of 1965 for the issue of a writ of prohibition, challenging the jurisdiction of the authority to assess the petitioner, was filed. It was admitted on 14th December, 1965, and interim stay was granted. The said stay order was also, according to the petitioner, communicated to the 1st respondent on 15th December, 1965, but none the less the order of assessment purporting to have been passed on 13th December, 1965, was served on the petitioner on 18th December, 1965. The petitioner then had to file W.P. No. 1989 of 1965 to quash that order. It has also filed another writ petition, becau...
Lingam Seetharamayya Vs. Bijjam Brahmaramba
Court: Andhra Pradesh
Decided on: Jun-19-1968
Reported in: (1970)ILLJ705AP
Venkateswara Rao, J.1. This appeal is directed against an order dated 17 October 1968, of the Commissioner for Workman's Compensation, Andhra Pradesh at Hrderabad. The respondent before the Commissioner is the appellant.2. Purushotham, the husband of the respondent, was in the employment of the appellant an engine-driver in the latter's rice mill at Karnool. He died on 9 December 1964 and his widow, the respondent, later applied to the Commissioner for Workmen's Compensation in Workmen's Compensation Case No. 124 of 1965 for compensation alleging that her husband died as a result of the Injuries sustained by him in the course of his employment under the appellant. The appellant resisted this claim on the ground that the accident, which resulted is the death of Purushotham, was the outcome of Puroshottam's failure to comply with dress regulations while on duty, that contrary to standing instructions and in spite of the fact that the was provided with particular type of dress he tried to...
P.K. Swamy Vs. South Eastern Railway, Calcutta and anr.
Court: Andhra Pradesh
Decided on: Jun-18-1968
Reported in: AIR1969AP155
ORDER1. In this application under Article 226 of the Constitution of India, the validity of the order of removal of the petitioner from railway service by the General Manager made on 9-11-1965 is challenged. The petitioner was originally appointed in 1939 as Shed Coolie. He underwent a training a five years to qualify himself to be appointed as Train Examiner. After the completion of that training, he was appointed as Train Examiner in 1945. He was working in that capacity at Waltair on 27-3-1962. On that date, two trains 1775 and 1779 reached Waltair station. The duty of the Neutral Train Examiner was to check the wagons and mark them so that repairs in regard to them as stated by him may be carried out. These repairs have to be carried out by the Train Examiner. It is alleged that on 27-3-1962 the trains reached Waltair Station at 4.30 p.m. The Neutral Train Examiner, who was also working that day, wanted the Train Examiner to carry out the repairs for another one hour so that he may...
K. Ankaiah and ors. Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jun-18-1968
Reported in: AIR1969AP231
ORDER1. The temple of Sri Venkateswara on Tirumali Hills is one of the most renowned and ancient Vaishnative temples of our country. Every day devotees by thousands flock to the temple to have 'darshan' of the Lord and to offer worship. On festival days, which are numerous, the number of devotees thronging the temple and its precincts increases ten-fold and twenty-fold. In recent years, with the facility of easy and convenient methods of transport, there is a daily increase of the number of pilgrims. These are matters of common knowledge in this State. With the great increase of the daily influx of pilgrims it appears to have been thought desirable that more amenities should be provided to them and care should be taken to eliminate insanitary conditions so as to prevent disease and epidemic. It was also thought necessary that the Sannidhi Street leading to the temple and the Mada Streets surrounding the temple should be widened. The Director of Town-Planning accordingly prepared a Town...
Kapila Venkata Laxmi Vs. Kapila Paroathanarayana and ors.
Court: Andhra Pradesh
Decided on: Jun-18-1968
Reported in: 1969CriLJ836
Sharfuddin Ahmed, J.1. A complaint was filed by K. Venkatalaxmi against her husband Parva - (SIC) and Dhanalakshmi and others with the allegation that her husband, the 1st accused, had contracted a second marriage with 2nd accused with the connivance and assistance of the other accused. The marriage was said to have been performed on 25-2-1965 at Annavaram. The accused denied the com. mission of the offence. The Munsif-Magistrate, Peddapuram who tried the case as C. C. No. 215 of 1966 on examining 8 witnesses on behalf of the complainant and two on the side of the defence acquitted the accused as in his opinion no valid marriage between A-1 and A 2 had been proved. The appeal is directed against this order of acquittal.2. The learned Counsel for the appellant Sri K. B. Krishnamurthy contended that the factum of marriage had been duly established and merely because certain ceremonies had not been performed the Magistrate was not justified in holding that there was no valid marriage betw...
Kuralla Ratnam Vs. Mokhamatla Bhadraiah and anr.
Court: Andhra Pradesh
Decided on: Jun-14-1968
Reported in: AIR1969AP236
1. The revision petitioner was the petitioner in the lower Court. She filed a suit under Order 21, Rule 63, Civil P.C. for setting aside an order dismissing her claim petition in E. A. No. 153 of 1967. She came to file the claim petition and the suit in the following manner:2. The respondent in the revision petition filed O. S. No. 49 of 1961 on the file of the Subordinate Judge's Court, Eluru for possession against two defendants. That suit was decreed with costs, In execution of the decree for costs in O. S. No. 49 of 1961, the respondent attached certain properties as if they belonged t the second judgment debtor. Thereupon the petitioner, who is the daughter of the second judgment-debtor filed E. A. No. 153 of 1967 claiming that the two items of the properties so attached, belonged to her and were in her possession, as they had been conveyed to her under a gift deed dated 20th September, 1963 by the second judgment-debtor. The claim petition, was, however, dismissed. It appears a r...
In Re: Dr. A. Appaiah Panthulu
Court: Andhra Pradesh
Decided on: Jun-14-1968
Reported in: 1970CriLJ281
ORDERChinnappa Reddy, J.1. Sri Appayya Panthulu, Civil Assistant Surgeon, Government Hospital. Yellamanchili has filed this application for expunction of certain remarks made by the learned Sessions Judge of Visa-khapatnam adversely criticising the evidence of the petitioner given in Sessions Case No. 26/1966. The offending passages are contained in paragraphs 38 and 43 to 47 of the Judgment of the learned Sessions Judge. It is submitted by the petitioner that on account of certain earlier incidents the learned Sessions Judge was prejudiced against the petitioner and that the remarks are the outcome of the learned Sessions Judge's prejudice. It is said that on a previous occasion when the petitioner gave evidence before the learned Judge the learned Judge found fault with his dress. On another occasion when the learned Judge visited the Sub Jail at Yellamanchili he noted that the Medical Officer did not visit the Sub Jail that day though there were sick prisoners. On a third occasion t...
Sri Krishna Coconut Company Vs. Commercial Tax Officer
Court: Andhra Pradesh
Decided on: Jun-12-1968
Reported in: [1968]22STC404(AP)
Jaganmohan Reddy, C.J.1. The petitioners allege that they are the purchasers of watery coconuts from registered dealers in East Godavari District and in turn they export the same to other States. The period for which the tax became exigible under the Central Sales Tax Act is said to be August-September, 1966. The petitioner had filed returns in Form 'C' under the Central Sales Tax Act for the relevant period and showed a turnover of Rs. 2,47,000. The Commercial Tax Officer, Amalapuram, on a scrutiny of these returns determined a turnover of Rs. 2,47,588.78 and proposed to levy a tax at 10 per cent, as all 'C' Forms were not filed. On a show cause notice being issued on 25th October, 1966, calling for objections by 5th November, 1966, the petitioner asked for time which was given till 8th November, 1966. Certain other 'C' Forms were filed and ultimately the tax levy was determined in accordance with the material placed before the officer, at 3 per cent, on Rs. 2,23,240.97 covered by 'C'...
Public Prosecutor Vs. Kanumarlapudi Ramalingaiah
Court: Andhra Pradesh
Decided on: Jun-11-1968
Reported in: AIR1969AP445; 1969CriLJ1478
1. The sole respondent (accused) was prosecuted for selling edible oil which was found to be adulterated by the Public Analyst. The Additional Munsiff- Magistrate of Tenali who tried the case, acquitted the accused on the ground that there was no reliable evidence to show that the coconut oil which had been mixed with the groundnut oil which had been mixed with the groundnut oil was likely to affect injuriously the health or any other way prejudicially affect the purchaser. The appeal is directed against this order of acquittal.2. The fact beyond controversy are that the accused was found storing some oils in tins for the purpose of sale in his oil retail shop. This shop is situated in Ravi Anjaiah Street, 8th Ward, Tenali. The Food Inspector of Tenali Municipality purchased a sample of oil from him in the presence of mediators after paying the necessary price. The sample so purchased was divided into three equal parts and sealed in bottles. Once bottle was handed over to the accused. ...
Thummalapalli Ramalingeswaraswamy and ors. Vs. Commercial Tax Officer, ...
Court: Andhra Pradesh
Decided on: Jun-11-1968
Reported in: AIR1969AP127
P. Jaganmohan Reddy, C.J.1. These writ petitions were filed by the different partners of a dissolved partnership firm which came into existence for running a mill which was taken on lease from a Receiver appointed by the Sub Court, Narasaput in O. S. No. 22 of 1946 for a period of two years viz. 11-8-1956 to 10-8-1958. It is the contention of the petitioners that on 14-8-1958. intimation of coming to an end of the partnership and its dissolution was given to the Commercial Tax Officer. Eluru Notwithstanding this it is alleged, an assessment was made on the dissolved firm for the years 1957-58 and 1958-59 under the Andhra Pradesh General Sales Tax Act and the Central Sales Tax Act. One of the partners filed an appeal against the assessment, but since no tax was paid. the appeal was dismissed. In so far as the other partners are concerned. they had became aware of the assessment against the dissolved firm only when notices under the Revenue Recovery Act were issued to them. 2. Several co...
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