Court : Andhra Pradesh
Reported in : AIR1960AP415
..... of the book 'hyderabad pai police charya' had taken help from his two books, though he later says that it was a translation of his two books. he was, however, forced to state in cross-examination that the telugu book had 38 chapters, while the english book had only 10 chapters and that in the telugu book there were 8 or ..... a theft, can most appropriately be said to be based on the moral principle, as observed by lord atkinson in macmillan and co. v. cooper, air 1924 pc 75 dealing with section 2 or the copyright act of 1911 as resting on the eighth commandment 'thou shalt not steal.'a person whose copyright is protected cannot only have recourse to criminal courts ..... of which he will be informed of the registration. it is probably in pursuance of this letter that he made a formal application on 7-11-1950 and the book was registered on 17-11-1950 as stated in ex. 8. there is, therefore, no doubt from the above fact that the book in which copyright is claimed was registered long after .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP380
..... from the one to the other. the matter incidentally arose in panjam tirumalappa v. alasyam ramappa 1937-2 mad lj 511: (air 1938 mad 133). varadachariar, j., while adverting to section 253 of the contract act stated that all immovable property purchased with partnership funds must be deemed to be held by the partners as joint owners. the learned ..... whatsoever any member of a partnership ceases to be so, the partnership is dissolved as between all other members'--contract act, section 255(7).' the reason why the learned judges who decided the case of ilr 55 mad 72: (air 1931 mad 580) thought that there was no analogy between the transfer of shares of a joint stock company ..... affecting immovable property. the learned judges did not agree with the view taken in ilr 49 mad 738: (air 1926 mad 1040), for the reason that according to them, in that case the provisions of section 253 of the contract act were not considered and lost sight of. section 253(7) says 'if from any cause whatsoever any member .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP15
..... tribunal. the tribunal framed as many as six charges, enumerated below, and called upon the petitioner to furnish his explanation thereto.'(1) that you, in or about july, 1950, demanded and received rs. 100/- from sri d. china nagayya of manimeswaram, as illegal gratification, for allowing water to the fields of the ryots of the said villages. ..... because the charges are yet unproved. therefore, : (1959)illj167sc does not present any analogy here. in these circumstances, we do not think that the government had acted illegally in removing the petitioner from service. it follows that the order in question has not been successfully impugned.9. in the result, the writ petition is dismissed ..... prescribe such a formality would be to import something into it which is not warranted by the language of the rule.6. state of andhra v. ramayya, air 1957 andh pra 370, relied on by the counsel for the petitioners does not afford us any guidance in this inquiry. there, after the tribunal submitted its .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP377; 1959CriLJ822
..... on special grounds, unless a previous application to the lower court was made. much later, another bench of the same court in savlaram v. dnyaneshwar vishnu, air 1942 bom 148, observed that the high court would not normally receive a revision petition unless the lower courts were previously moved. 14. though in madras, ordinarily ..... air 1926 nag 285, expressed the opinion that before the high court was approached the party should exhaust his other remedies ..... , cr. p. c. until the petitioner had moved the inferior courts unsuccessfully. see mohammed isbaq v. emperor, air 1927 lah 689. 10. when a similar question arose before the assam high court in gobardhana das v. chatur-bhuj, air 1950 assam 165 ram labhaya, j., agreeing with the view of findlay, officiating judicial commissioner in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP196; [1959]10STC394(AP)
..... of india, the president is pleased to make the following order, namely: (1) (i) this order may be called the sales tax continuance order, 1950. (ii) it shall come into force at once. (2) any tax on the sale or purchase of goods which was being lawfully levied by the government of any state immediately before the commencement ..... of operating on sale transactions concluded outside the province. the second argument was that on a proper construction of the relevant provisions of the madras general sales tax act, the imposition of sales tax in respect of transactions of sale where property in the goods sold passed outside the province was illegal. on art interpretation of ..... taxing state. the principle of sufficient territorial nexus within the dictum of privy council in wallace brothers and co., ltd. v. commr. of income-tax, bombay, air 1948 pc 118 however constituted the test of jurisdiction in such cases. but it must be remembered that this concept is of a nebulous nature for there could be .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP636
..... might be the position when compromises are made with mutual consent, the sanctity of a decree cannot be violated or its binding force altered without its being super-seded or set aside by the decision of the appellate court. in this view we are unable ..... made during this periodare some lands belonging to his father-in-law. duringthe period from 30-9-1946 to 22-3-1950 the accountin regard to the transactions relating to sales andpurchases of land by the 1st defendant and theincome from those lands and ..... from pronouncing its opinion whether it is in the interests of the minor to decree the suit for partition or not'. see air 1937 mad 274. but when a minor plaintiff attains majority during the pendency of an appeal, that fact by itself of his ..... claimed an account of their share of the incomes from these alienated properties. 7. the 1st defendant denied that he was acting against the interest of bis minor sons and stated that he did not neglect or abandon them. he contended that his second .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP538
..... the constitution. in our opinion the doctrine indicated above is applicable to the instant case. a judgment of the assam high court in barada kant v. state of assam, air 1956 assam 23, may also be referred to in this context with, advantage. one of the questions debated there was whether the government was liable to make good the loss ..... than the properties of the owners in oudh. in support of this conclusion they relied on jagannath baksh singh v. united provinces, 1946 fcr 111 pc at p, 119 : (air 1946 pc 127 at p. 130), wherein it was observed :'it is, however, desirable to examine the particular grounds on which it is sought to induce the court to ..... the agreement should be read and construed as subject, in all respects, to the provisions of the indian electricity act 1910 and any modification or re-enactment thereof for the time being in force and the rules for the time being in force thereunder so far as the same respectively may be applicable. this clause does not come to the rescue of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP497
..... under this power the government of madras framed the madras civil services 'disciplinary proceedings tribunal) rules, 1948, which came into force on 1-1-1949. . these rules were applicable to all officers under the rule-making control of the provincial government ..... before the order imposing the penalty is passed.(b) (i) without prejudice to the provisions of the public servants'. inquiries act, 1850 (central act xxxvii of 1850), in every case where it is proposed to impose on a member of a service any of the penalties ..... the suits themselves were eventually transferred to the sub court, gudivada, and the petitioner was also transferred on 16-9-1950, to the sub court at amalapuram in east godavari district, after which the high court started investigation into the allegations ..... bench of the madras high- court in state of madras v. rajagopala ayyar, 1956-2 mart lj 176: ((s) air 1956 mad 613) set aside the decision by holding that the case of the magistrate did not fall within the proviso to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP429
..... permit held by the petitioner. in connection with the first question it should be mentioned that section 48 of the motor vehicles act has been amended by the central legislature and the amendments came into force on february 16, 1957. reliance on the old section 48(c) in the replies to the writ petitions is therefore not ..... succeeds in showing his position to be such. that there are authorities laying down the above proposition can hardly be doubted in charanjit lal v. union of india, : [1950]1scr869 , mukherjea, j., fas he then was) dealing with the persons, who could invoke article 32 observed as follows; '.....it would not be open to an ..... they been otherwise the judgment would not be against the petitioner in his revision petition to the government. that judgment further shows the complaint of the secretary not acting bona fide to be without substance. under these circumstances we think the petition has not succeededin showing that the changes have affected his legalright. it follows that .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP477; 1959CriLJ1045
..... the criminal procedure could be died together but separate charges must be framed against them in respect of the offence alleged against each of them. this applies with equal force to charges framed under section 239 or under section 239 of the code of criminal procedure.24. applying these rules to the present case, the proper charges that should ..... assembly was to cause grievous hurt to sundaram-ma.(2)that the com-mon object of theassembly was to cause hurt with a dangerous weapon to mantlyamma.(2)that force was used in fur-theranceof the common object of the assembly.(3)committing griev-ous hurtjointly with the other accused.(3)that the acc-used was a memberof the ..... madh b 84, shinde j., held;'a pleader appearing for a private person can conduct the prosecution but he must act under the direction of the public prosecutor.'in bisheshar v. rex, air 1949 all 213 at p. 214, a division bench of the allahabad high court observed:'the rights of a complainant are only subordinate to the rights of .....
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