Andhra Pradesh Court February 1974 Judgments
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State Vs. Gali Chalapathi Rao and ors.
Court: Andhra Pradesh
Decided on: Feb-14-1974
Reported in: 1974CriLJ1424
Sambasiya Rao, J.1. This Criminal Revision case has boon placed before us in a Division Bench on a reference made by our learned brother Mukhtadar, J. The question of law that arises in the case and which has been argued before us at great length is whether the Court has power and discretion, while remanding the accused to custody under Section 344, Cr.P.C. to remand him into police custody. To put the question in other words It is, whether the Court has to remand an accuseed, while dealing with an offence which it has taken cognizance of, only to judicial or jail custody and has no discretion whatever under any circumstances to remand him to police custody.2. This question has arisen in the following manner. One K. Vedagiri Rao was attacked in the afternoon of 27-10.72 by a large number of persons and was caused fatal injuries to which he succumbed subsequently. 19 persons were charged under Sections 302, 149, 148, 120B, I.P.C. etc. Though all the accused were absconding for some time...
Fairmacs Trading Company Vs. the State of Andhra Pradesh
Court: Andhra Pradesh
Decided on: Feb-12-1974
Reported in: [1975]36STC260(AP)
Gopal Rao Ekbote, C.J.1. This revision petition is from the order of the Sales Tax Appellate Tribunal, Andhra Pradesh, given in Tribunal Appeal No. 778 of 1970 on 26th September, 1972.2. The essential facts are that the petitioners are dealers in liquors, cigarettes, etc., and also are ship-chandlers. They submitted returns of their turnover for the year 1967-68 showing Rs. 2,19,972.82 as gross turnover and Rs. 97,462.58 as net turnover. They claimed exemption on transactions totalling Rs. 1,22,510.24. The said claim included Rs. 72,061.69 comprising of sales of 'bonded warehouse ship-stores'. According to the petitioners, the ship-stores were imported from foreign countries, kept in bonded warehouses of the customs department and later sold and delivered to ships' masters for consumption aboard the ships. They claimed that such sales were not exigible to tax under the Andhra Pradesh General Sales Tax Act, 1957, hereinafter called the Act, being sales outside the State of Andhra Prades...
Goverdhan Lal Vs. the Commissioner of Police and anr.
Court: Andhra Pradesh
Decided on: Feb-08-1974
Reported in: 1974CriLJ1411
Sambasiva Rao, J.1. On 28th of December, 1973, at about 12.30 P. M. the Food Inspector, Municipal Corporation of Hyderabad along with some other officers visited the business premises of Murari & Co., which is a firm doing business of selling refined Groundnut Oil and Vanaspathi as a wholesale dealer. It is said that the Honourable Minister for Public Health of the State of Andhra Pradesh was also present at the time of the visit. Murari & Co. gets refined groundnut oil and Vanaspathi from manufacturers like Rajender Oil Mills, Musheerabad etc, as sole distributors. It purchases refined Oil in bulk of about three tonnes a day. The supplies are made through a tanker of the manufacturers and the firm receives them into its own storing tank. That Storing tank is under the exclusive control of the firm. From the tank the oil is taken out through a pipe to smaller tins of about 15 1/2 Kgs. and after filling them, those tins are sealed with its trade name 'Gold Mohar'.2. When the Food Inspec...
The Warangal Chamber of Commerce Vs. Director of Marketing, Government ...
Court: Andhra Pradesh
Decided on: Feb-06-1974
Reported in: AIR1975AP245
Chennakesav Reddy, J. 1. The problem that stands pre-eminently to the fore in this writ petition is whether the petitioner -- The Warrangal Chamber of Commerce, a corporate body, can maintain a writ of Mandamus on behalf of its members, under Article 226 of the Constitution. When the case came on for hearing before our learned brother, Obul Reddi, J. his Lordship referred the matter to a Division Bench in view of the importance of the issue involved in the case and the conflicting course of judicial authority obscuring the principles governing the same.2. Before we proceed to set outour answer, the essential facts may be shortly stated. The petitioner is a corporate body registered as a non-trading company under the Andhra Pradesh Non-Trading Companies Act. 1962 (Act II of 1962). Several licensed commission agents, dealing in agricultural produce and livestock, are its members. The objects of the petitioner-Chamber of Commerce are: to promote, encourage, aid and protect trade, commerce...
Arvapalli Kotiratnam Vs. State
Court: Andhra Pradesh
Decided on: Feb-05-1974
Reported in: AIR1974AP207
Sambasiva Rao, J. 1. It is contravention of the conditions of a Licence issued under the Andhra Pradesh Foodgrains Dealers' Licensing Order, 1964(hereinafter referred to as the order) contravention of the order itself, so that it becomes punishable under the penal provisions of the Essential Commodities Act? We have to answer this question now.2. A. D. V. Reddy and Ramachandra Raju, JJ. answered this question in the negative in their judgment dated 17th July, 1970 in Criminal Revision Cases Nos. 585, 679 and 874 of 1969, When this revision case came up before Ramachandra Raju, J. he felt a doubt about the correctness of the view taken by A. D. V. Reddy, J. and himself. He accordingly directed the matter to be posted before a Full Bench. It was however, referred to a Division Bench of Sambasiva Rao and Ramachandra Raju, JJ. and they by their order dated 13th December, 1973 referred it to a Full Bench. It may be noted that Chinnappa Reddy, J. also doubted the correctness of the opinion o...
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