Court : Andhra Pradesh
Reported in : AIR1959AP241; 1959CriLJ561
..... are extracted hereunder:'section 9:-- (1) any citizen of india who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th january 1950 and the commencement of this act voluntarily acquired the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of india. ( ..... day of july, 1943 and has been ordinarily a resident in the territory of india. the case of a person who has migrated to pakistan after the coming into force of the constitution of india, hut has not obtained a permit as mentioned in the proviso to article 7, will have to be treated as having lost the ..... is a 'foreigner' or a citizen of another country does not arise in this case though it is laid down in mohammad khan v. government of andhra pradesh, air 1957 andh-pra 1047 that the passport obtained from the high commissioner for pakistan in india is not evidence.6. had the law of citizenship merely rested upon the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP76
..... 162 cr.p.c. and that the statements before the police are admissible for purposes of cross-examination.this argument, in our opinion, is equally devoid of force. section 145, evidence act is controlled by section 162 cr. p. c. and the prohibition contained in section 162 cannot be permitted by law. the learned public prosecutor did not ..... these circumstances, a high degree of certainly is required for conviction of the accused as has been observed in vengala reddy v. state 1955 andh l.t. 285 : (air 1956 andhra 26) and vemavya v. emperor, 1935 mad w.n. 87. judged in this light the evidence adduced is wholly insufficient to establish the guilt of the ..... 162 and placed reliance on the following authorities, devi das v, emperor, air 1930 lah 318 (2), bhupal chandra v. emperor, 44 cal wn 451, bahadur singh v. emperor, air 1926 lah 367, gurditta v. emperor, air 1927 lah 713 and shapurji sorabji v. emperor, air 1936 bom 154.the learned public prosecutor on the other hand contended that inasmuch .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP256
..... the agreement set up even if proved as a conditional contract, the condition stipulated had not been fulfilled. i am unable to see any force, whatever, in this contention. having regard to the evidence of p. w. 3, and the intimation of the approval of the lawyer ..... favour of ella reddy, the plaintiff in o. s. no. 321 of 1951 and p.w. 1 in the case.on 14-7-1950, the 1st defendant executed a promissory note in favour of p. w. 1 for a sum of rs. 100/-. the 1st defendant ..... baijnath v. kshetrahari sar-kar, : air1955cal210 and in particular on the following passage of mukherjee j..:'under section 25, specific relief act, a lessor is bound to give the lessee a title free from reasonable doubt, and where a prospective lessee demands title deeds from ..... 27 of the specific relief act, are satisfied. in a very recent case decided hy the madras high court in mary joseph v. mohd. hajee moosa and co., : air1959mad86 a bench of the madras high court have affirmed the view of horwill j., in air 1944 mad 391 (2 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP506
..... the government. that an executive officer of a panchayat does not hold a civil post is clear from section 28(5) of the madras village panchayats act, 1950 (madras act x of 1950). this section points out the difference between persons who were appointed for the first time as executive officers and those who were in the service of ..... not 'hold a civil post.' this question also came up for consideration before rajagopalan j. in the madras high court in srinivasan v. president, coimbatore district board, air 1958 mad 211. the learned judge discussed this matter at some length and reached the conclusion that the petitioner therein who was an employee of the local board, could ..... of a state' merely because he was appointed by the government. he is only a servant of the panchayat board. under section 30 of the village panchayats act, the executive officer has to work under the panchayat board and carry into effect the resolutions of the panchayat. it is plain that although the government may have .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP471
..... not: '(a) affect anything done or any offence committed or any fine or penalty incurred or any proceedings begun before the commencement of the repealing act; or (b) revive anything not in force or existing at the time at which the repeal takes effect; or (c) affect the previous operation of any enactment so repealed or anything ..... vested under the regulation of 1817.'in this connection, the observations of sadasiva ayyar, j. in phatma bi v. haji musa sahib; ilr 38 mad 491: (air 1914 mad 714) are pertinent and they are as follows;'the holding of any office should depend on the necessary qualifications and, which heredity, might raise a feeble ..... thisprinciple.29. there are various other reasons why this petition cannot be allowed. the constitution with the provisions of which the impugned acts are supposed to be inconsistent, came into vogue on26-1-1950 and this petition was filed five years nine months thereafter. even article 19 of 1951 was passed nearby five years before the jurisdiction .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP413
..... contention is that which relates to the entertain ability of the revision without the respondents first having recourse to an appeal provided under section 64 of the act. this contention is equally without force, firstly, because there is no right of appeal under section 64 from an order refusing to vary a route, and secondly, section 64-a is ..... the legislature had intended to do so, it would have included such a provision. in anjaneya motor transport v. state of madras 1955-2 mad li 376: ((s) air 1355 mad 660). a bench of the madras high court consisting of rajamannar c. j. and rajagopala ayyangar j., took a similar view. there the representations in pursuance of ..... officer, for the said variation of the bus route. the regional transport officer, guntur purporting to act as the state transport authority under section 48-a issued a notice under section 57 (3) of the madras motor vehicles act d/- 9-7-1950 calling for objections on or before 11-8-1956. it may here be stated that the petitioners .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP495
..... plaintiff sought to set aside a partition effected by him with his father and the step-brother.he charged that he was forced to sign this document under certain vitiating circumstances and expressed the grievance that the properties allotted to him were over-valued while ..... other cases dealing with exchanges and the full value has to be paid under section 7 (iv-a) of the court-fees act. the lower court was right in demanding the court-fee on the full value of the a schedule as determined by the commissioner ..... of a suit for specific performance of an exchange, we find it provided in section 39 of the andhra court-fees and suits valuation act 1956 thus :--'39. in a suit for specific performance, with or without possession, fee shall be payable--(a) xx xx (b) ..... this kind, it is not section 7(v) of he court-fees act but only section 7 (iv-a) that is applicable. that has been laid down in balireddi v. hatipulal sab, 69 mad lj 458 : (air 1935 mad 863). that view was affirmed by the full bench in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP493
..... constitution.6. in support of the petition, various contentions are raised, but it is sufficient to refer only to one of them which in our opinion, has considerable force, namely, that having invited applications for admission into the colleges and selected the petitioner, it was not open to the authorities concerned to refuse admission solely on the ..... open to either governments to withdraw it before the expiry of the said period. the answer of the learned government pleader is that section 21 of the general clauses act (act x of 1897) empowers the government concerned to rescind any order or notification which has been made by the state government. section 21 is in these terms :'where ..... to this case. this view of ours is consistent with the doctrine enunciated in the university of madras v. sundaraschetti, (1956) 1 mad lj 25 : ((s) air 1956 mad 309) by a bench of the madras high court. it would have been a different matter if a note was added when the applications were invited for the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP235; 1959CriLJ558
..... into the claim put in by the petitioner and held that the petitioner's claim was in order and accordingly allowed the claim to the extent of rs. 1950/-.this decision of the commissioner became final and is not subject to any appeal. it is however conceded by the learned counsel for the petitioner that had the ..... petitioner, accepted the evidence adduced by him and awarded him compensation and this award has become final. the state was a party to this adjudication.under the railways act, the claims commissioner so appointed is the only court of competent jurisdiction to adjudicate upon the claims arising out of the accident in respect of which the commissioner has ..... which this revision has arisen are as follows: the petitioner filed a claim before the claims commissioner appointed by the government under the provisions of the indian railways act to enquire into and to decide the claims arising out of the railway accident which took place on 27-9-1954 at jangaon. in this accident u large .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP391; [1959]36ITR140(AP)
..... compliance within 'the provisionsof section 28(3). this is what the learned judges observed at page section 41 of the report (itr); (at p. 33 of air);'what the section contemplates is a hearing bythe taxing authority or an opportunity to the asses-see to be heard. the tribunal seems to be of theopinion that there ..... entitled to make levies without any reference to the inspecting assistant commissioner.the inspecting assistant commissioner could think resorting to section 51 or 52 of the act only where the fraudulent acts of an assessee arc brought to his notice. this happens when the income-tax officer seeks to invoke section 28. that being the situation, there ..... is no question of criminal proceedings being launched against the assessee when the concealment or other acts of assessees which might come within the purview of section 28 or sections 51 and 52, come to the notice of either the appellate assistant commissioner or .....
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