Court : Andhra Pradesh
Reported in : 1951CriLJ273
..... the nizam or the council of ministers.they have, however, expressed opinions about the ideology of the majlis ittehad-ul-muslimeen and have drawn 'irresistible inference' that the razakar army could not exist unless it was not merely 'tolerated but encouraged by government.' in this present case, the aims, objects, the ideology and activities of the same majlis ..... a criminal conspiracy with the common object of driving the caste hindus out of the state by creating conditions of alarm and panic, by killing, looting and other acts of violence in pursuance of this criminal conspiracy and as a direct result thereof between december 1946 and september 1948, nearly 1,200 murders, 4000 dacoities and 3, ..... section 526, indian criminal p.c., but some of the applicants have also invoked the aid of articles 226 and 227 of the constitution of india.2. a pull bench of this high court has, in an earlier stage of this case, held in abdur rahim v. state of hyderabad, criminal oases nos. 14 to 20 of 1950 on .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1951CriLJ1123
..... of the altered charge. h.h.b. gill v. emperor a.i.r. (34) 1947 p.c. 9 : 48 cr. l.j. 155 was affd. under section 197 (section 201, hyderabad code) certain persons acting in discharge of their official duties are protected that 'no ct. shall take cognizance of such offence except with the previous sanction' of certain authorities mentioned there ..... baseless, mean.q: you have heard the evidence of p. w. 32 j. h. subbiah, that at that time the razakars were going about as a set of a regular army wearing uniforms & armed with rifles & guns. . , that you used to be called field marshal from october or november 1947 till the date of police action-you were all powerful ..... to any doubts that may be entertained in this behalf. for further discussion of the common contentions see judgment in case nos. 1346/6, 1404/6 and 1403/6 of 1950 before this ct. disposed of today.4. the next contention is that this particular case was not laid before the tribunal in accordance with the provisions i.e., with .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1952CriLJ1005
..... to the length of abusing the complainant who having protested was beaten by the order of the accused. his lordship the chief justice while holding that under section 270 of the government of india act no sanction was necessary at page 27 approves the following test laid by sulaiman, j. in an earlier case:if the prosecution case as disclosed by the ..... after reconsideration, adhere.again, the 'gill's case' 75 ind app 41 pc, was followed in lumbhardad zurshi v. the king air (37) 1950 pc 26, where it has been held that no sanction for the prosecution under section 161 of the indian penal code was required. having regard to the general language used in 'gill's case', i do not think ..... it is equally true of the less wide words in section 201 of the hyderabad code. i am referring to these privy council authorities from this point of view. the leading case is h.h.b. gill v. the king 75 ind app 41. the appellant gill had joined the indian army ordinance corps and was later given the temporary rank of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1954CriLJ1281
..... borne by them. it seeks to attribute communal motive to the notifications and alleges it to have been made with the object of adversely affecting a particular section.indeed, the article alleges the notifications to have been issued in disregard of the constitutional guarantees of secularism, and to be doing injustice by those who ..... fair criticism, are conceived by irresponsible appreciation] of the action, dictated or calculated to lower the sense of confidence in the administration of justice by attributing sectional prejudices to the judges, and holding them out as issuing directions in matters of judicial proceeding on considerations other than judicial, and attributing to the court ..... has been permitted under the hyderabad (language of judgments and orders) act (29 of 1950), by notification of the government, no. jud/ad/99/51 of 5-4-1951 issued under section 138(1) civil p. c. it will be observed that the act and notifications were passed and issued long before the present hon'ble .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1954CriLJ1093
..... was applied by the supreme court. the supreme court had to consider the scope of 'the sholapur weaving and spinning company' (emergency provisions) ordinance 2 of 1950. mahajan j., as he then was, who delivered the judgment of the supreme court observed:in order to decide these issues it is necessary to examine with some ..... life of the community.then in the various clauses of sub-section (2), which enumerates specific heads on which rules can be framed, a large number relate to army, defence and war efforts. sub-clause (4) refers to enemy and authorises framing of rules against acts likely to assist the enemy or prejudice the successful conduct of ..... course of the war and existing in the transition from war to peace. accordingly the defence (transitional powers) act 1946-49, to the extent to which it purported to continue the regulations in force until 31st december, 1950, is not authorised by the defence power and is invalid.their lordships further observed; what provided the constitutional .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1956]30ITR252(AP)
..... 1944-45, the firm was registered under section 26a of the indian income-tax act, but, for the assessment year 1945-46 the income-tax officer refused to renew the registration of the said firm and assessed the said firm as an unregistered firm. the assessment was made on 29th march, 1950, and the notice of demand was dated ..... depending upon administrative convenience. he also referred to the analogous provisions in other statutes such as section 9 (4) (a), section 15 (2) and section 51 (1) of the estates abolition act, section 12a of the general sales tax act and section 22 (1) of the income-tax act. i have already cited passages from maxwell, which indicate that similar words do not confer ..... a profitless task to refer to or reconcile all that has been said. suffice it to refer to a few leading cases. in 1877 the judicial committee, construing section 21 of act xiv of 1859, observed :'there is no doubt that in some cases the word must, or the word shall, may be substituted for the word may, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1957]31ITR788(AP)
..... was that when once the collector acting under section 46 (2) allows the assessee to pay in certain instalments the income-tax authorities would be under an obligation to take so long as the order stands only such instalments ..... by mr. sankara rao appearing for the petitioner that the only mode of recovery of arrears of tax by income-tax authorities is that provided under section 46 of the indian income-tax act, namely, the income-tax officer forwarding to the collector a certificate under signature specifying the amount of arrears and the collector could recover from the assessee ..... be commenced. he had not to consider nor had he purported to decide whether the only mode of recovery of income-tax is that contemplated in section 46 of the act.the judgment of das gupta, j., in elbridge waston v. r. k. das relied on by mr. sankara rao is also irrelevant and all that was decided there .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP352
..... necessary to constitute an agency ' are hot to be found herein.the supreme court had occasion to point out the difference between an agent as defined in section 182, indian contract act and a servant in the case of lakshminarayan ramgopal v. hyderabad government, : [1954]25itr449(sc) . their lordships observed :'a principal has the right to ..... dated 19-11-1948 (6-12-1947 in the case of o. s. no. 78/1950)? (4) whether the order of the government directing the collection of surcharge comes under the provisions of section 3 of the essential supplies (temporary powers) act, 1946? (5) whether the order of the government directing levy of the surcharge is illegal ..... of ours by a decision of the house of lords in reading v. attorney general, 1951 ac 507.that was a case where a sergeant in the army on active service abroad consented on several occasions to accompany civilian lorries transporting illicit spirits to specified destinations. he wore a military uniform to avoid inspection by the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP155
..... strenuously assailed before me. before examining the contentions of the learned counsel for the appellants, it would be useful to refer to the relevant sections of the stamp act and the notification. section 9 is as follows ; section 9(1) : 'the government may by rule or order published in the official gazette, (a) reduce or remit, whether prospectively or ..... ' means 'the central government'. 10. by the adaptation of laws and orders of 1950 after the coming into force of the present constitution of india clause 12(a) of section 2 of the stamp act hag been deleted and consequential changes have been made in section 9(1) which now reads as follows ; 'the government may, by rule or ..... the proposition that the civil and military stations called cantonments, which were set apart by the rulers of the several native states for the location of the british army is or is not british india. i say so because, the real question is whether in respect of the areas so set apart under the treaties, the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP225; [1959]10STC378(AP)
..... and the essential commodities act of 1955. what is maintained is this. the first-mentioned act has been extended to hyderabad state by a notification dated 17-8-1950. that act comprehends within its compass petroleum and petroleum products.it contains ..... section 5 of the andhra pradesh general sales tax act. this does not require much thought. the short answer is that the rate contemplated by this new act has application only to tax leviable under that act and cannot be attracted to cases which are governed by another law.28. there remains the question posed with reference to the essential supplies (temporary powers) amendment act, 1950 ..... and published in the gazette (extraordinary) dated 20-9-1948, and is in the following words :'whereas the general officer commanding-in-chiff southern army has appointed major general j.n. chaudary, o. b. e., to be the military governor for the hyderabad state and whereas all ' .....
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