Court : Andhra Pradesh
Reported in : AIR1961AP143
..... cat 573; purkhit panda v. ananda gaontia, 12 cal wn 1036 and nen-sukhdas v. birdichand, 43 ind cas 699: (air 1917 bom 19),41. the rule mentioned above is stated in section 192 of the contract act which enacts:'where a sub-agent is properly appointed thc principal is, so far as regards third persons, represented by the sub ..... goods to the plaintiff.the statement no. 8 makes it abundantly clear that 364 tins were already disposed of before the commissioner went to calcutta. therefore, there is no force in the statement that 393 1/4 tins remained unsold. if 364 tins are thus accounted for, there remains only 291/4 tins. there is no clear evidence ..... that statutory recognition is given hi section 220. on the material on record, no doubt could be entertained as regards the misconduct of the 1st defendant who throughput acted in league with is brother the 3rd defendant. such being the case, section 220 could be properly invoked in this case and all commission disallowed to the 1st defendant .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1958CriLJ152
..... petitioners has relied on the decision in state of west bengal v. anwar ali : 1952crilj510 which declared section 5 (1) of the west bengal special courts act x of 1950 to be ultra vires the constitution toy reason of its being in conflict with article 14 of the constitution. speedier trial of offences which was sought to be ..... the purpose of deciding whether the evidence is such as a judge or jury could reasonably be asked to make the basis of conviction. venkataswamy v. the king 1950 mad w.n. 139 (f).his function is further restricted under the new section 207-a, criminal procedure code because he has to discharge the accused only if no grounds ..... , criminal procedure code.in all the revision petitions a common point of law is raised that section 207-a, criminal procedure code which was newly inserted in the code by the amendment act xxvi of 1955, is void as it is inconsistent with article 14 of the constitution. the contention is that the two kinds of procedure prescribed by section 207 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1958]33ITR760(AP)
..... the year 1357f. in order to determine this question we must refer to section 13(1) of the indian finance act, 1950 (xxv of 1950), which is as follows :'if immediately before the 1st day of april, 1950, there is in force in any part b state other than jammu and kashmir or in manipur, tripura, or vindhya pradesh or in ..... that the income-tax officer did not have the power to impose a penalty under section 40(1) of the hyderabad income-tax act by virtue of the said provision having been repealed by the indian finance act, 1950. the answer to question no. 2 is in the affirmative and the answer to question no. 3 is in the negative, namely ..... as the section, corresponding to section 6 of the indian general clauses act, starts with 'unless a contrary intention appears', the contrary intention was not to keep alive the power of imposing a penalty after april 4, 1950. having reached this conclusion, it upheld the contention of the department that the appellate assistant commissioner himself did not .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1957]8STC167(AP)
..... in existence at the time of the contract it was an agreement of sale of future goods and not a sale. 7. section 4 of the indian sale of goods act (act iii of 1930) defines a sale and an agreement to sell as follows :'(1) a contract of sale of goods is a contract whereby the seller transfers or agrees ..... the buyer until it is ascertained, made or finished.'11. the distinction between a sale and an agreement to sell under section 1 of the english act is thus stated by benjamin on sale, eighth edition, 1950 : 'in order to constitute a 'sale' there must be : (1) an 'agreement to sell' by which alone the property does not pass; and (2 ..... in the said goods.3. in order to appreciate the arguments of the learned counsel, a reference to the relevant provisions of the sale of goods act, the sales tax act and forward contract (regulation) act is necessary; but before dealing with the said provisions, we would like to state certain facts necessary for the correct appreciation of the arguments. the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1957CriLJ703
..... without being placed in preventive detention in exercise of the powers conferred upon me by section 3(1)(a)(ii) of the preventive detention act, 1950....3. the petitioner filed objections wherein he alleged that the grounds served on him were vague. he denied that he made any speeches wherein he ..... -minded persons tending to communal troubles in this state and affecting its security. when the authorities concerned were satisfied that, for the aforesaid reasons, the petitioner is acting in a manner prejudicial to the security of the state, we cannot say that the aforesaid grounds are irrelevant for their satisfaction. we are confident that the sufficiency ..... the conditions laid down therein are satisfied, whereas sub-section (b) prescribes for the detention of any person who is a foreigner within the meaning of the foreigners act for the purposes mentioned therein, namely, ' with a view to regulating his continued presence in india or with a view to making arrangements for his expulsion from .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP40
..... our attention is drawn to mayne's hindu law, 11th edition, para 288, ilr 16 cal 584 (a), 55 mad lj 861: (air 1929 mad 110) (b) and air 1935 lah 25 (c). we end sufficient force in the contention of the learned counsel for the appellant. the cases relied upon are based on the text of narada, the text of ..... the de jure title. therefore had the ranee intruded into the estate wrongfully and even practised a deception upon the court of wards ...... it would not follow that those acts, however wrong, would defeat the claim of the incumbrancer.'this priciple. their lordships pointed out was in consonance with the rules of the hindu law which were embodied in ..... be any essential distinction between the contract of sale and contract of purchase by a guardian and that both depend for their validity on the competency of the guardian acting within the scope of his power under the hindu law. pointing out the distinction between the powers of the guardian to execute a promissory note or borrow for necessary .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP269
..... k. subba rao, c.j.1. this is a plaintiffs appeal against the decree and judgment of the court of the subordinate judge, kaklnada, dismissing o. s. no. 137 of 1950 filed by the appellant in forma pauperis for recovery of maintenance at an enhanced rate.2. the plaintiffs husband late achanna and defendants 1 to 3 are members of a ..... argument is that section 25 applies only to a widow, whose husband died after the act came into force. the provisions of section 25 do not impose any such restriction, or limitation. the act is an' amending and codifying act. under section 4, save as otherwise expressly provided in this act, the pre-existing law ceased to apply with respect to the matter for which ..... claim any increase in future even in the case of changed circumstances was considered by phillips and venkata subba rao jj. in mohieswara rao v. durgamba, ilr 47 mad. 308: (air 1924 mad 687). after noticing the cases cited at the bar, the learned judge observed at p. 310 (of ilr mad): (at p. 688 of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1958CriLJ1114
..... the business is the right and duty of every partner. ordinarily no partner is entitled to receive remuneration for managing the business but section 13 of the partnership act permits fixation of some remuneration by agreement.it is on this account that the remuneration has been fixed under a resolution for the accused. but the fixation of ..... to the nature and incident of partnership can be deemed to be entrusted with the property as against the other partner or partners. section 15 of the partnership act provides that subject to the contract between the parties the property of the firm shall be held and used by the partners exclusively for the purpose of the partnership ..... property of a firm. this legal difficulty and disability were removed to an extent by 31 and 32 viet. chapter 116, now replaced by section 40(4) larceny act.no such legislation has been enacted in india, the position in india is the same as it was in england before such legislation. the sections relating to criminal breach .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1958CriLJ603
..... which were addressed to us were advanced before their lordships, but they were all repelled. the reasoning of their lordships in that case would apply with equal force to the points raised in these petitions before us. it is, therefore, not necessary to consider the other contentions raised by the learned advocates for the petitioners ..... would, therefore, appear to be more imaginary than real.17. even if it be assumed that there are differences between the old procedure and the new, which act to the disadvantage of an accused in that, under the new procedure, his chances of getting a discharge are greatly minimized, yet the classification satisfies the test ..... framed. in cases instituted on police reports, however, for the limited purpose of framing the charge, the legislature has thought fit to authorise the magistrate to act on the documents furnished by the investigating police, and the examination, of witnesses at that stage is done away with.the interests of the accused are safeguarded .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP52
..... the scattered trees outside the gardens, rs. 1,400 for the entire fencing. upon a reference at the instance of the appellants under section 18 of the act, in o. p. no 53 of 1950 the learned subordinate judge confirmed the award except with regard to the plot; of pati soil which he found to covet an area of ac. 10-68 ..... of large plots. see rathnamasari v. secy. of state, 44 mad lj 132 at p. 1.35: (air 1923 mad 332 at p. 334) (1), and chettiammal v. collector of coimbatore, air 1927 mad 867 (j). the same criticism applies with even greater force to the sale mentioned as item 4 in ex. b-11, which was only of 240 sq. yards ..... the appellants' land is as suitable for raising casuarina topes as other lands grouped in the same block 'a' by the land acquisition officer.this contention is not without considerable force. even if the soil of the appellants' land contains less moisture as observed by the learned subordinate judge, the defect is capable of being remedied by artificially irrigating the .....
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