Andhra Pradesh Court June 1977 Judgments
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George Maijo and Co. Vs. the State of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Jun-30-1977
Reported in: [1980]46STC41(AP)
B.J. Divan, C.J.1. The point arising for determination in all these cases is common and that is why we are disposing of these matters by a common judgment.2. The petitions raise interesting questions regarding the applicability of the Central Sales Tax Act as amended by Central Act 103 of 1976. By that Amendment Act of 1976, Section 5 of the Central Sales Tax. Act was amended with effect from 1st April, 1976, and by this amendment, a new sub-section, Sub-section (3), was inserted. The Central Sales Tax (Amendment) Act, 1976, was brought on the statute book on 9th September, 1976 ; but the amendment was given retrospective effect from 1st April, 1976. The Andhra Pradesh General Sales Tax Act was amended with effect from 1st September, 1976, by Andhra Pradesh Act 49 of 1976 and, by this amendment, items 19 and 20 were added to the Second Schedule to the Andhra Pradesh General Sales Tax Act. The Second Schedule deals with goods in respect of which only a single point sales tax is leviable...
The Public Prosecutor Vs. Kapu Chiniah and ors.
Court: Andhra Pradesh
Decided on: Jun-30-1977
Reported in: 1978CriLJ396
Sambasiva Rao, J.1. A question relating to rejoinder of charges arises in this case for consideration.2. This is an appeal by the State against the acquittal by the Judicial First Class Magistrate at Pargi on the ground that the provisions of Section 218, Cr, P. C. are mandatory and that there should have been separate charges for the distinct offences.3. The respondents were charged with offences punishable Under Sections 148, 452, 325, 324, r/w, Section 149, IPC The prosecution alleged: There are two factions in the village of Dirsampalli within the jurisdiction of Pargi Police Station. One group was led by Kapu Chinnayya and the other by Mai Reddy. On 21st of April, 1975 in the night one person belonging to the group of Mai Reddy was assaulted by a person belonging to the other group. On 22nd of April, 1975 at about 7 A.M., people belonging to Mai Reddy group attacked one Nagaiah of the other group and caused him inj uriea At about 2 P. M., on the same day persons belonging to the s...
Aluri Sambaiah Vs. Shaikh Zahirabi and anr.
Court: Andhra Pradesh
Decided on: Jun-28-1977
Reported in: 1978CriLJ211
ORDERSambasiva Rao, J.1. A question of some interest revolving on the interpretation of Section 125(3) first proviso and Section 127(3) of the Criminal Procedure Code is raised before me in this Criminal Revision Case.2. The petitioner now is the husband, the respondent being his quondam wife. The wife filed M. C. 10/74 Under Section 125 Cr.PC claiming maintenance at the rate of Rs. 50/- per month. The defence of the husband, who is the present petitioner, in that case was that he was not a Muslim, that the respondent was a Muslim and that there was no valid marriage between them. The Court rejected these contentions and held that both of them were Muslims that the marriage was solemnised under the Mohamoden Law and that the respondent was entitled to maintenance at the rate of Rs. 50/- per month. Thereafter the petitioner divorced the respondent through exercising his privilege under the Mohamedan Law by saying 'talaq' three times. However, according to the Court's finding, the respon...
Jai Hanuman Khandsari Sugar Mills Ltd. and ors. Vs. Union of India (Uo ...
Court: Andhra Pradesh
Decided on: Jun-27-1977
Reported in: 1977(1)ELT49(AP)
Gangadhara Rao, J.1. Since common questions are raised in all these writ petitions I am disposing them of by this common Judgment.2. The Petitioners in all these writ petitions are Khandsari Sugar Mills. They manufacture Khandsari Sugar. Normally excise duty is payable on the khandsari sugar manufactured in accordance with Item No. 1(2) of the Schedule I read with Section 3 of the Central Excises and Salt Act, 1944. But, the Govt. have envolved a Scheme generally called 'Compounded Levy Scheme'. It is contained in Rules, 92A to 93F in Chapter V of the Central Excise Rules, 1944. Under the Scheme, duty is payable for each centrifugals, instead of a total production of sugar at full rate mentioned in the X Schedule. Thus the manufacturers of Khandsari Sugar stand to benefit by opting to that scheme and in fact, the petitioners in all these writ petitions did so.3. It is sufficient for me if I refer to the facts in W. P. No. 723 of 1976. The petitioner started functioning his unit with on...
The Public Prosecutor, High Court Vs. M. Prasad and anr.
Court: Andhra Pradesh
Decided on: Jun-24-1977
Reported in: 1978CriLJ63
Sambasiva Rao, J.1. This is an appeal by the State against the two respondents who are father and son. The 1st respondent was charged under Clause 3 (1) of the Foodgrains Dealers' Licensing Order read with Section 7 of the Essential Commodities Act. The 2nd respondent was charged with the offence under CL 8 (2) of the Sugar Dealers' Licensing Order. The former was a Foodgrains Dealers' Licensee and the latter was a Sugar Dealers' Licensee. They were however doing combined business. On 4-11-1973, P. W. 3 the Inspector inspected the shop and found discrepancies between the actual stocks lying in the shop and the stocks as entered in the stocks register for wheat, rice and sugar etc. He seized the stocks and handed them over to the appropriate authorities. The charge sheet was laid on 31-12-1974.2. The defence was that these charges were not proved end that in any case the prosecution was barred by limitation as per the provisions of Section 468(2)(b) Cr.PC The contention in regard to lim...
Siri Pharma and anr. Vs. Superintendent of Central Excise, M.O.R.i. an ...
Court: Andhra Pradesh
Decided on: Jun-22-1977
Reported in: 1978(2)ELT21(AP)
B.J. Divan, C.J. 1. This matter is placed before us on a reference made by our learned brother, Madlusndan Rao J. He has referred the matter to a Division Bench because he felt that the question whether the essence of chicken is liable to excise duty under Entry 1-B of the First Schedule to the Central Excises and Salt Act, 1944 was of considerable importance and he deemed it desirable that the case should be decided by a Bench of two judges. 2. The petitioners herein are manufacturers of essence of chicken. The first petitioner is a registered partnership firm carrying on the business of pharmaceutical works of manufacture and production of patented and proprietary medicines. The first pettioner firm is the lessee of the second petitioner, and the buiness premises are owned by the second petitioner company. The essence of chicken is produced or manufactured by the first petitioner besides other medicinal goods. The first petitioner is paying excise duties to the authorities under the ...
Gulam HussaIn Vs. the Additional Rent Controller, Hyderabad and ors.
Court: Andhra Pradesh
Decided on: Jun-21-1977
Reported in: AIR1977AP397
ORDER1. This is an application to issue a writ of certiorari to quash the order of the 1st respondent, Additional Rent Controller, Hyderabad in R.C. No. 390 of 1968.2. The question, which is of day to day importance that arises for consideration in this writ petition is 'Whether the Court has power under S. 38 of the Stamp Act to levy the penalty after impounding the document when such a document is sought to be tendered in evidence.'3. For a better appreciation of the question involved the necessary facts may be stated. The petitioner took a house on rent from respondents 4 to 5 who filed an eviction petition before the 1st respondent, which is pending. In compliance with the order of the 1st respondent the landlords produced the rental deed in original which was found to be sufficiently stamped. The landlords did not seek to tender the same in evidence. From the record it appears that the writ petitioner, i.e., the tenant, alone wanted to tender the rental deed in evidence. The learn...
Talasani China Gangi Reddy and anr. Vs. District Collector, Anantapur ...
Court: Andhra Pradesh
Decided on: Jun-21-1977
Reported in: AIR1978AP195
Divan, C.J.1. The question as to whether the High Court can issue injunctions and stay orders by way of interim relief in matters arising out of land acquisition proceedings has become important after the Forty Second Amendment to the Constitution particularly in the light of the language of Cl. (6) of Art. 226 which has been newly inserted by the Forty Second Amendment. Under that clause it has been provided, so far as it is relevant for the purpose of this case as follows :'Notwithstanding anything in Cl. 94) or Cl. (5) no interim order (whether by way of injuction or stay or in any other manner) shall be made on, or in any proceedings relating to a petition under Cl. (1) where such order will have the effect of delaying ............. any action for execution of any work or project of public utility, or the acquisition of any property for such execution, by the Government or any corporation owned or controlled by the Government.'Therefore, it is necessary to find out in each case whe...
The Barium Chemicals Ltd. Vs. Bombay Industrial and Chemical Company, ...
Court: Andhra Pradesh
Decided on: Jun-20-1977
Reported in: AIR1977AP400
S.H. Sheth, J.1. Plaintiff filed the present suit against two defendants for recovering a sum of Rs. 34, 230.38 p. It was averred that out of that amount a sum of rupees ten thousand was recovered from both the defendants. In that suit the second defendant made an application under Section 34 of the Arbitration Act to stay the suit and direct the parties to refer the dispute to arbitration as there was an arbitration clause in the agreement between the parties. It may be stated that the second defendant was the sole selling agent of the plaintiff and that the plaintiff had sold the goods to the first defendant through the second defendant. It was contended on behalf of the plaintiff that since the first defendant was not a party to the agreement the arbitration clause could not be invoked against him and that no reference of the dispute could be made to arbitration.2. The learned trial Judge negatived that contention and allowed the application. By his order he stayed the proceedings u...
Uppaluri Venugopalakrishna Rao Vs. Co-operative Sub Registrar and anr.
Court: Andhra Pradesh
Decided on: Jun-20-1977
Reported in: 1978CriLJ65
ORDERSambasiva Rao, J.1. A question of some importance relating to the issue of notice by the Magistrate when he is approached Under Section 117 of the Andhra Pradesh Co-operative Societies Act, 1964 arises in this case. The short question is can he direct delivery of possession of the records or properties of the Society immediately on the production of a certificate issued by the Registrar without issuing notice to the person or persons from whom possession is sought?2. In this case, the Co-operative Sub-Registrar was appointed as the Liquidator of the Kanuru Sri Ramalingeswara Multipurpose Co-operative Credit Society, He obtained a certificate from the Registrar, in this case, the Deputy Registrar, and on that basis applied to the Sixth Additional Judicial Magistrate of First Class Vijayawada for an order for delivery of the records of the Society from the present petitioner. Following is the order passed by the Magistrate on 23rd of October, 1976.Perused the application and the cer...
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