Andhra Pradesh Court August 1973 Judgments
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The Public Prosecutor (A.P.) Vs. Sri Changanraju
Court: Andhra Pradesh
Decided on: Aug-30-1973
Reported in: 1974CriLJ1151
Sambasiva Rao, J.1. The Additional Munsif Magistrate, Tenali convicted the respondent for offences under Sections 435(b)(ii) of the Customs Act and Section 85(ii) of the Gold Control Act and sentenced him to suffer rigorous imprisonment for six months and also to pay a fine of Rs. 1, 000/- in default to suffer rigorous imprisonment for two months, under each of the two counts. The sentences, excepting the one in default, were directed to run concurrently. The first additional Sessions Judge. Guntur on appeal confirmed the convictions and also the sentence of fine, but reduced the sentence of imprisonment to the period already undergone. The State has brought this revision case for enhancement of the sentence.2. Learned Counsel for the respondent has exercised his right under Section 439(6), Criminal P.C. and has endeavoured to show cause against his conviction. Consequently, I am now called upon to consider not only the sufficiency of the sentence but the correctness of the conviction ...
Venka Anantha Rao Vs. the State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Aug-28-1973
Reported in: 1974CriLJ387
ORDERChennakesav Reddy, J.1. This revision petition raises a question of law of considerable importance, viz., whether Section 6-A of the Essential Commodities Act. 1955 (10 of 1955). hereinafter referred to as 'the Act', excludes the jurisdiction of the Criminal Court under Sections 516-A and 523 of the Criminal Procedure Code to make an order for the disposal of essential commodity seized and produced before it for contravention of an order made under Section 3 of the Act, For a proper appreciation of the question arising in the case, it is necessary to set out the essential facts.2. The petitioner is a retail dealer in foodgrains carrying on business at Tuni village in East Godavari District under a licence granted to him by the competent authority. On 13-3-1973 he was transporting 94 bags of rice, each bag weighing 96 Kgs. in a lorry bearing registration No. A. P. A 1411 to Tuni. On the way the lorry was intercepted by the Circle Inspector of Police, Ramachandrapuram, at Ramavaram ...
Grandhi Pitchaiah, Venkataraju and Co. Vs. Palukuri Jagannadham and Co ...
Court: Andhra Pradesh
Decided on: Aug-20-1973
Reported in: AIR1975AP32
ORDERA.V. Krishna Rao, J.1. This is a revision petition under Section 25 of the Provincial Small Cause Courts Act. The plaintiff is the petitioner. The suit was filed in the court of the Subordinate Judge at Rajahmundry for recovery of a sum of Rupees 1533.42 by way of damages.2. The plaintiff is a registered firm doing business in pulses and grains at Rajahmundry. The defendant is also a registered firm with its office at Calcutta. On the plaintiff's indent, the defendant supplied blackgram to the plaintiff as per the bill Ex. A-1, dated 3-7-1967. The consignment was received at Rajahmundry by the plaintiff which found it in a very bad condition and unfit for consumption. The defendant was duly intimated by phone call on 27-1-1967 about this. The defendant gave a reply stating that the matter would be looked into. As the defendant took no action in the matter, the plaintiff had to file the suit for recovery of the amount claimed by way of compensation for the loss sustained by it.3. T...
Konakalla Venkata Satyanarayana (Died) and ors. Vs. State Bank of Indi ...
Court: Andhra Pradesh
Decided on: Aug-18-1973
Reported in: AIR1975AP113
Ramachandra Rao, J.1. This appeal was preferred by the 2nd defendant originally against the judgment and decree in O. S. No. 50 of 1968 on the file of the Court of the District Judge, Guntur decreeing the suit of the plaintiff, State Bank of India for the recovery of a sum of Rupees 74,644-04 together with interest thereon and costs. The second defendant having died, his legal representatives were brought on record as appellants 2 and 3.2. The relevant facts are as follows: For convenience sake, the parties are referred to according to their ranks in the trial court. The plaintiff, the State Bank of India, filed the suit for the recovery of a sum of Rupees 74,644-04 on the basis of two accounts opened by the defendants with the plaintiff. The 1st defendant was a partnership firm known as 'Padarti Ratnam and Company'. Defendants 2 to 7 were the partners of that firm. Padarthi Ratnam and Co., was carrying on business in tobacco at Guntur for a long time, Prior to 13-8-1964 the partners o...
Gurram Subbarayudu (Died) Gurram Subbamma and ors. Vs. Moto Pothula Na ...
Court: Andhra Pradesh
Decided on: Aug-17-1973
Reported in: AIR1974AP307
1. The only point that arises for the consideration in this appeal is whether in a suit by a transferee of a pronote for recovery of monies due on the pronote executed by the managing partner of a firm, the others partners of the firm can be made liable.2. One Palwadi Hanumantharao the 2nd defendant for an on behalf of the firm Palwadi Hanumaiah Son and Co., executed a pronote Exhibit A-2 in renewal of prior pronotes evidenced by Exhibits X-1 to X-3 for Rs. 1,000/- on 1-8-1949 in favour of 1st defendant. The 1st defendant transferred this pronote by an endorsement Exhibit A-1 for consideration in favour of the plaintiff on 20-5-1961 and the endorsee has filed the suit claiming the money due against the partners of the firm of Hanumaiah Son and Company, defendants 2 to 5. While the 2nd defendant the managing partner of the firm, in his written statement admitted the execution of the promissory note as a partner of the firm of P. Hanumaiah son and Company and passing of the consideration...
Govinda Raja Rice Mill Vs. the Union of India and anr.
Court: Andhra Pradesh
Decided on: Aug-14-1973
Reported in: [1974]34STC172(AP)
Sambasiva Rao, J. 1. The question we have to answer in this Letters Patent appeal is not an easy one. It is whether the sale of rice, milled out of paddy, which has been subjected to purchase tax under the State law, is liable to be assessed under the Central Sales Tax Act, when it has taken place in the course of inter-State trade.2. The facts of the matter are neither under dispute nor complicated. The appellant before us brought O.S. No. 17 of 1968 in the Court of the Subordinate Judge, Eluru, to set aside the order of assessment of the Assistant Commissioner of Commercial Taxes dated 16th May, 1967, and to recover a sum of Rs. 10,000 paid in pursuance of the said order. The assessment related to the year 1957-58, i.e., to the transactions which took place between 1st April, 1957, and 31st March, 1958. The plaintiff was a rice mill contractor and a dealer in paddy and rice. He milled some rice out of paddy which had already suffered sales tax under the Andhra Pradesh General Sales T...
Sri Lakshmi Satyanarayana Rice Mill and ors. Vs. the Agricultural Mark ...
Court: Andhra Pradesh
Decided on: Aug-10-1973
Reported in: AIR1975AP58
ORDERObul Reddi, J.1. The main question raised in this batch of writ petitions is that the Andhra Pradesh Agricultural Produce and Live-stock Markets Act, 1966 (hereinafter referred to as 'the Act') is repugnant to the two Central Acts viz. (1) the Agricultural Produce (Development and Warehousing) Corporation Act, 1956 and (2) The Food Corporation of India Act, 1964, as the Act made by the State Legislature encroaches upon the legislative power of the Parliament, which has exclusive power to make laws with respect to matters enumerated in the Union List and as such, the levy and demand of market fees by the respective Market Committees is ultra vires. 2. The relevant facts necessary for consideration of the question involved are these: The petitioners in W. P. Nos. 1845, 1340, 3665 and 1339 of 1972 are all rice dealers in Guntur District. The petitioners in W. P. No. 3827 of 1972 are dealers in groundnut, jaggery and general merchants in Chittoor District. The Market Committees consti...
P. Munirathnam Chetty and P. Satyanarayana Chetty Vs. Income-tax Offic ...
Court: Andhra Pradesh
Decided on: Aug-10-1973
Reported in: [1975]101ITR385(AP)
Alladi Kuppuswami, J. 1. This is an application for the issue of a writ of prohibition or any other appropriate writ restraining the Income-tax Officer, C-Ward, Chittoor, from proceeding further in pursuance of notice dated May 24, 1971. Under that notice, the Income-tax Officer stated that he had reason to believe that the income chargeable to tax for the assessment year 1965-66 has escaped assessment within the meaning of Section 147 and he proposes to reassess the income. 2. It is brought to my notice that subsequently the order of assessment was also passed and the assessee has preferred an appeal against the order of assessment to the Appellate Assistant Commissioner. Therefore, Sri Dasaratharama Reddy states that in the events that have happened the appropriate writ would be a writ in the nature of a writ of certiorari quashing the order of assessment instead of a writ of prohibition. 3. The main contention that has been urged by Sri Dasaratharama Reddy is that the requirements o...
The Commissioner of Excise Board of Revenue, Andhra Pradesh, Hyderabad ...
Court: Andhra Pradesh
Decided on: Aug-07-1973
Reported in: AIR1974AP92
Gopal Rao Ekbote, C.J.1. 27 licensees belonging to three Districts having different quotas of denatured spirit allotted to them have joined in filing W.P. No. 4991 of 1972 out of which W.A. No. 443 of 1973 arises. They have sought the relief of issue of a writ of mandamus directing the respondents to renew D.S. XI licences for the year beginning from 1-10-1972 for denatured spirit without imposing any cut as per the direction of the Board of Revenue. These petitioners manufacture French Polish from the denatured spirit.2. W.P. No. 4820 of 1972 has been filed by the petitioner to renew similarly its licence for the same year without any cut in its quota previously allotted for the same year for rectified spirit or in the alternative denatured spirit. W.A. No. 464 of 1973 arises out of that petition.3. Both these writ petitions were resisted by the State Government amongst others on the ground that the overall equipment of the State for the year is 426 lakhs of denatured spirit , whereas...
Andhra Pradesh Wakf Board Vs. Mohd. Hidyathulla
Court: Andhra Pradesh
Decided on: Aug-07-1973
Reported in: AIR1974AP287
Gopal Rao Ekbote, C.J.1. This appeal is from the judgment of our learned brother A. D. V. Reddy, J. given in W. P. No. 4138 of 1971 on 15-9-1972 whereby the learned Judge allowed the writ petition holding that the petitioner has a right to act as Mutwalli and properties taken possession from him including account books etc, should therefore be returned to him to enable him to manage the properties as the Mutwalli. 2. the facts in outline are that the petitioner contends that a wakf was created through a deed of wakf executed by the father of the petitioner in 1350 fasli. A muntaquab was accordingly prepared, the father was the wakf Mutwalli himself. He looked after the wakf property for over 27 years.3. In 1962 the father of the petitioner with the assistance of the wakf Board constituted a managing committee to assist him in looking after the affairs of the wakf property. On 21-8-1966, the father of the petitioner, who was the Mutwalli filed an application that the petitioner should b...
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