Court : Andhra Pradesh
Reported in : AIR1959AP9
..... relied on by sri n. chandramowli does not apply to the facts of this case. under the special provisions of the west bengal premises rent control (temporary provisions) act of 1950, 'premises' is defined as including the furniture supplied as also the 'fittings' affixed by the landlord for use of the tenant in such building or part of ..... apply to the facts of this case and the appellant cannot consequently assume inconsistent positions. the observations of mukherjea j. in hemantha kumari devi v. prasanna kumar, air 1930 cal 52 (z4), directly govern this case and they are as follows :'it is well settled that a party litigant cannot he permitted to assume inconsistent ..... a formal amendment of the plaint was unnecessary. to the same effect is the bench decision of this court in jaggamma v. satyanarayanamurthi, 1957 andh lt 881: (air 1958 andhra pra 582) (p).9. as against the current of authorities referred to supra, sri chandramowli relied on an earlier decision of the madras high court in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP168
..... doing so in order to make unlawful gains. when that intention became clear to him, the appellant says, he was forced to institute the present suit. this allegation cannot be taken for granted but will have to be probed but it cannot ..... no. 250 -hyd) to which the appellant entered opposition.before the registrar of trade marks the respondent on 24-10-1950 admitted through his attorney that the impugned trade mark bore similarity to that of the appellant and agreed to change the name ..... come with reasonable promptitude. in arriving at this conclusion, the learned judge followed yoshimi boshaka kasha ltd. v. dwarakadas fatechand, air 1933 sind 26, in preference to the authorities cited on behalf of the appellant. then turning to the question of balance of ..... appellant.3. the appellant is the plaintiff. he is admittedly the owner of a trade mark registered under the trade marks act (v of 1940) under which he sells a medicinal preparation named as zinda tilismat. the respondent also prepares and puts .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP370
..... the completion of the contract and did not entitle the plaintiffs to the commission when the contract was not fulfilled. in the case of andulla ahmed v. animendra kissen, : [1950]1scr30 , the contract was construed by patanjali sastry j., as one by which the agent had to 'negotiate the sale 'and' secure a buyer' who made a firm offer ..... apart from the question of the adequacy of the security, d. w. 1 was not satisfied that the defendant had a marketable title and dropped the negotiations in 1950 or 1951.3. the plaintiff's case is that venkatachalam had done everything in his power to bring about the sale and that the sale fell through because the defendant ..... by the evidence that there is no consideration for ex. a-l. the scope of the presumption under section 118 of the negotiable instruments act was explained by varadachariar j., in narasamma v. veerraju, air 1935 mad 765), and may be stated thus; the court is bound to start with the presumption that a promissory note, the genuineness of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP305
..... 47 had been complied with no appeal can lie in view of the provision of r. 7 of the same order. the objection has force and is supported by authority. in srinivasa aiyangar v. official assignee, madras, air 1927 mad 641 (a bench decisional, it has been laid down that the provisions of order 43, rule (w), c. p. c ..... on the file of the subordinate judge, secunderabad, mallikarjunappa laid a claim for recovery of o. s. rs. 12,657/- on foot of three documents dated 8-8-1950, which according to the plaintiff were hundies. amongst others, one of the defences raised was that the suit documents were promissory notes payable otherwise than on demand that inasmuch as ..... learned advocate for the appellant did not challenge the soundness of these decisions. relying on vadilal v. fulchand, ilr 30 bom 56, mahomed rowther v. l. swaminatha mudaliar, air 1938 mad 573 and kishen rao v. raja rameswara rao, 21 dec. lr 209, he, however argued that there were three stages of review application.the first is the ex .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1958CriLJ1123
..... of an aggrieved complainant when the case is thrown out, can foe gone into without notice to the accused.8. kirpa ram jagan nath v. hans raj a.i.r. 1950 ep 18 (b), is another case cited by the complainant in regard to the question of notice. in fact, the code denies the accused locus stand in inquiries under chapter ..... authorities to show that when the subject-matter of complaint is of a civil nature, no court ought, to take cognizance of it. see hiralal v. chowthmal a.i.r. 1950 assam 202 (d), in re l. m. soares 2 weir 246 (e), in re bakir all khan sahib a.i.r. 1917 mad 831 (f), murugappa chettiar v. morangamuthu raja .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP419; 1959CriLJ951
..... . ws. 1 and 2, it is unnecessary for us to consider whether corroboration of that standard is not necessary under the rule of prudence.17. no doubt there is considerable force in the criticism of the learned counsel for the appellant in respect of the proof that the appellant's clothes m. o. nos. 2, 3 and 5 were bloodstained. according ..... the consideration that the confession was untrue or by the realisation that the confession failed to secure the benefits the hope of which inspired it. bhuboni sahu v. the king, air 1949 pc 257 at p. 261. as it thus indirectly casts a doubt on the truth of the confession, an additional rule of caution has been laid down for basing ..... person in authority, it is not admissible in evidence and cannot be taken into consideration against an accused at all. this is laid down in section 24 of the evidence act. in emperor v. bhagi vedu, 4 cri. lj 332 (bom), cited by the learned counsel for the appellant beaman, j. said:'in all such cases the principal duty which .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP292
..... from the point of view of policy and expediency, it cannot be said that it is under a duty at any stage to act judicially.45. in this enquiry, the judgment of the supreme court in 1950 scj 451 ; (air 1950 sc 2221 is very relevant. the question there arose whether a writ of certiorari was available to a person whose property was requisitioned ..... the provisions of this chapter and the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in chapter iv of this act or in any other law for the time being in force or in any instrument having effect by virtue of such law.'section 68-g(1) reads thus:'where in exercise of the powers conferred ..... is not open to the government of andhra pradesh to utilise the existing machinery for the purpose of introducing the scheme and working it out.nor is there any force in the argument that the state transport undertaking created for the telengana area which was working within the framework of the hyderabad .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP407
..... strong comment was next made that the will must be false as it was not presented for registration.there is also no force in this contention as the evidence discloses that the testator died a few hours after the execution of the will. the omission ..... a registered medical practitioner practising at rajahmundry from 1935. he was an honorary assistant surgeon in the rajahmundry hospital from 1939 to 1950. he was also assessed to income-tax from 1937. nothing tangible is suggested in the cross-examination as to why he ..... exhibit v was admissible in evidence to prove the division in status.in venkateswara pattar v. mankayammal, 69 mad lj 410: (air 1935 mad 775), varadachariar j. referred to the argument of sri srinivasa aiyangar, viz., that as severance in status is a ..... interests of such person, and after such person is dead, it would be relevant under section 32(3) of the evidence act. following this decision, we hold that the statement made by the testator in the will that there was a demand for .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP174; [1960]38ITR685(AP)
..... . it is not by virtue of section 35 that the department is empowered to levy the income-tax. the charging sections are sections 3 and 4 of the act and it is by force of these provisions that the concerned officers are competent to low the income-tax. the other sections only provide a machinery for quantifying the liability and the tax ..... learned advocate-general is to restrict unduly the scope and ambit of the section. for these reasons, we feel that the order of the assessment as made in the year 1950-51 was only a provisional one having regard to the circumstances in which it came into being and that the order falls within the purview of either of the two ..... . we are also supported in our view by the judgment of this court in baroness v. customs collector, visakhapatnam 1957 2 a wr 207: air 1958 a p 122 which arose under section 30 of the sea customs act. the learned judges had to deal with the scope of clauses (a) and (b) of that section. the objection, that the relevant provision .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP159
..... of the constitution did not repeal this regulation but merely abolished the jurisdiction of the judicial committee on and from the date when the constitution came in force viz., 26-1-1950. article 374 reads thus :'on and from the commencement of this constitution the jurisdiction of the authority functioning as the privy council in a state specified ..... constitution and that it had been so held by a bench of the erstwhile hyderabad high court in ilr (1954) hyd 353: (air 1954 hyd 190).in our view this contention has no force. in order to better understand the scheme of the appeals to h.e.h. the nizam's regulation, 1358 f., it is ..... . in another division bench case, beasley c. j. in president, board of commissioners hindu religious endowments, madras v. nagarathina mudaliar, air 1935 mad 417 dealing with an objection that the district board acted without jurisdiction in assessing the respondent with the contribution, observed at page 418:'it is admitted here that the kattalai in question is a .....
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