Court : Andhra Pradesh
Reported in : 1955CriLJ81
..... be exercised not being fixed by any statute may be interpreted progressively in accordance with the spirit of the times, so that real and not technical justice may be secured. to my mind the true principle of exercising the discretion of imposing either the penalty of death or of transportation for life should be that the sentence of ..... assembly as at that stage constituted, caused the death of the assistant inspector, had themselves taken no part in the assault upon the deceased, there might have been some force in the suggestion that ttafe lesser sentence would meet the ends of justice in the case. there is no such finding in this case. on the contrary, the ..... death is awarded in. cases in which the act is very brutal and highly repugnant to morals and the sentence of transportation for life is imposed in all other cases.(17) the learned judge's observations may .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1956]29ITR942(AP)
..... if the income is derived from one or other of the sources, it is liable to be taxed unless it is exempted under section 4 of the act. it exhausts the sources which yield taxable income. after specifying the incomes from definite sources, the section introduces a residuary head 'income from other sources'. ..... chakravartti, c.j., defined income from undisclosed source at page 722 as follows. 'indeed, it appears to me that in the terminology of the income-tax act, income from an undisclosed source or undisclosed income from other sources must necessarily mean income from some source which is altogether unknown, taking the word 'source' ..... now be considered. section 6 reads.'save as otherwise provided by this act, the following heads of income, profits and gains, shall be chargeable to income-tax, in the manner hereinafter appearing, namely : (i) salaries ; (ii) interest on securities ; (iii) income from property ; (iv) profits and gains of business, profession or vocation ; (v) income from .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP370
..... there can be no doubt that one of the terms of the agreement imposed a condition precedent to venkatachalam's right to the reward, viz., that the vendors secured one lakh net as the price. this could only be upon completion of the sale. until that event happened there could be no question of any liability under the ..... that presumption, it is proved 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 ..... he held further that the non-examination of venkatachalam by the plaintiff was immaterial, as the defendant had to rebut the presumption under section 118 of the negotiable instruments act. the noncompletion of the sale was also in his view immaterial as neither the plaintiff nor venkatachalam were responsible for it. on these grounds, he decreed the suit .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP178
..... did not avail the further time granted to him, he was cancelling the contract. but the defendant insisted in exhibit a-26 on the plaintiff furnishing proper security before receiving the sale consideration. the suit had thereupon been filed for the aforesaid reliefs. 3. the defendant inter alia contended that he offered the plaintiff ..... plaintiff agreed that he would if necessary get a third party to be his surety or personally furnish some other immoveahle property sufficient to the contract as security. the plaintiff caused exhibit b-6 dated 9-6-1952 to be issued denying these allegations as false. the plaintiff in this commnnication stated definitely that ..... terms' as comprising not only such guarantees as are contemplated under section 55 of the transfer of property act but the providing of defences to defects in regard to title by subsequent happenings or the furnishing of security to ally in imagined afflictions are also within the purview of the phrase 'proper terms' is rather futile .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP497
..... to that person an opportunity of showing cause; or(c) where the president or governor, as the case may be is satisfied that in the interest of the security of the state it is not expedient to give to that person such an opportunity.(3) if any question arises whether it is reasonably practicable to give to any ..... with the affairs of the province and that 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 other than persons appointed by the secretary of ..... , if any, shall be taken into consideration 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 specified in items (iv), (vi), ( .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP444
..... in ...... in the case of incoming partners, there is no provision for the grant of a licence and that, too, under the act; all that is to be secured is a mere amendment of a licence, an amendment under the rules. neither the holder of the h'cence can be charged with an infringement of section 6 because he, ..... of the old licence. (d) the policy underlying the concession made to a partnership appears to be based on the fact that the central excises and sail act, unlike the opium or abkari acts is a pure fiscal statute. the object of the state is to secure the dues under a licence as effectively and expeditiously as possible. if the licensee, through any ..... act contributes to see and facilitate the realisation of the objective, that must indeed be welcome to the state. when the licensee takes in a partner, as often happens, as the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1964]52ITR829(AP)
..... records of the case to the commissioner of income-tax, delhi, rajasthan, ajmer and madhya bharat, delhi, for the purposes of making a fresh assessment, provided a formal security bond is executed for payment of the tax which may be found due'. subsequent to this communication, the assessments were evidently being made by the income-tax officer at delhi ..... argued that even if it is an order under section 5(7a) or section 5(2) the provisions of sub-section (3) of section 64 should be given full force and effect irrespective of the inhibition in sub-section (5). his reasoning is as follow :sub-sections (1) and (2) of section 64 deal with the place of ..... , should be consulted and he accepts the proposal thereafter that would form the determination of the question. on the first point, it cannot be said that the commissioner acted without jurisdiction in proceeding to consider the matter on the date fixed for his making representations. it is argued that the proviso to sub-section (3) of section 64 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1963AP489
..... engagement which may give rise to a pecuniary liability. the transferor is called a mortgagor, the transferee a mortgagee; the principal money and interest of which payment is secured for the time being are called the mortgage-money and the instrument (if any) by which the transfer is effected is called a mortgage-deed.' xx xx xx7. ..... or, where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time feeing in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferees and persons claiming under him any right in respect of the property ..... to be judged with reference to the definition of 'mortgage' underlying section 58 of the transfer of property act. section 58 enacts :'(a) a mortgage is the transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1965AP68
..... a contrary view expressed in fakira singh v. majho singh, air 1917 pat 448, (450) (d. b. )where it was positively ruled that 'the section applies with equal force and effect if a debtor disposes of his property with the intention of defeating one single creditor.'(14) our learned brother agreed with this view and observed that he did ..... tharagan v. muhammad mustappah rowther, air 1930 mad 665, (668) wherein the learned judge observed as follows at p. 668 :'if there be only one creditor, then the act of the debtor in transferring all his property to a stranger with a view to secrete the same and defeat the creditor would be fraudulent and the transfer would be ..... or otherwise of this contention is the question for our consideration. (7) sri ramamohana rao has relied on the language of section 53 of the transfer of property act and particularly the reference to the creditors of the transferor in the first part of the section and that a suit shall be instituted on behalf of or for the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1966AP204; 1966CriLJ741
..... hyderabad sufficiently before 10-2-1965 regarding the condition of affairs in the village and the necessity for continuing or for reducing or for withdrawing the additional police force. (6) the entire government order should he published in english in the next issue of the andhra pradesh gazette. collector of anantapur is requested to give ..... at the hands of t. narayanareddi's party without retaliation, have not been responsible tor the disturbed conditions that have made the imposition of the additional police force necessary. it is further stated that, since both the leaders of the opposite party, vykuntam chinna narayanureddi and his brother-in-law. vykuntam venkata subbaiah were ..... petitioners that the notification is not in accordance with what is required under section 15 of the police act.5. on behalf of the appellants in the writ appeal, it is urged that they were all discharged in the security cases and it is also admitted mat they were not implicated in the murder cases. as such .....
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