Court : Andhra Pradesh
Decided on : Aug-26-1958
Reported in : AIR1959AP225; [1959]10STC378(AP)
P. Chandra Reddy, C.J.1. These petitions raise common questions of law and could, therefore, be disposed of together. They are filed for the issuance of a writ of mandamus or any other appropriate writ directing the State of Andhra Pradesh to refrain from imposing or collecting any tax under the provisions of the Hyderabad Sales of Motor Spirit Taxation Regulation, (XXIV of 135S-F). The petitioners are dealers in motor spirit, diesel oil, etc., and have banks situated either in the city of Hyderabad or other places in the State of Andhra Pradesh.They complain that the respondent has been levying and collecting sales-tax on the sales of petrol, purporting to exercise the powers conferred on them under the above mentioned Regulation and are threatening to cancel the licences in the event of failure of the petitioners to comply with the demands of the Sales-tax Department, though such an impost is illegal and ultra vires the powers of the State Government.2. In these petitions, the consti...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-19-1958
Reported in : AIR1959AP471
P. Chandra Reddy, C.J.1. This is a petition under Article 226 of the Constitution of India by the Mahant, Sri Hathiramji Mutt, Tirupati, for a declaration that the Madras Hindu Religious Endowments Act of 1923, Madras Act I of 1925. Madras Act II of 1927, Madras Act XIX of 1933, Madras Act XIX of 1951 and Andhra Act VII of 1954, in so far as they are inconsistent with the Constitution, are ultra vires and inoperative. In order to appreciate the contentions urged in support of this petition, it is useful to notice the historical background of the case.2. On a range of hills called Tirumali hills, the ancient and the famous shrine of Lord Venkatesh-wara is situate, This was founded in the hoary past and it is not known when exactly it came into existence. Originally the Temple seems to have been under the management of the local rulers for the time being. After the advent of the British, the management was with the East India Company. After the Regulation, VII of 1817, was passed, the ad...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-12-1958
Reported in : AIR1959AP9
Umamaheswaram, J.1. This is an appeal brought by the defendant as against the judgment and decree of the Additional Subordinate Judge of Guntur in O. S. No. 50 of 1950. The suit was instituted by the respondent herein for recovery of the arrears of rent and possession of the plaint scheduled property or in the alternative for payment of the balance of security deposit. Her case was that the plaint scheduled property was granted on lease to the appellant herein on 26-4-1947 and that the lease was for a period or five years. She filed an application under S. 7 of the Madras Buildings (Lease and Rent Control) Act, 1946, hereinafter referred to as the Act, for eviction of the appellant herein. The application was dismissed on 2-4-1949.She thereupon preferred an appeal to the Subordinate Judge of Guntur in C. M. A. No. 60 of 1949, and the learned Judge held that the provisions of the Rent Control Act did not apply, and consequently dismissed the appeal. The suit was therefore filed both for...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-13-1958
Reported in : AIR1959AP318
ORDERUmamaheswaram, J.1. This is an application under Article 226 of the Constitution for quashing the order passed by the Government of Andhra Pradesh in Memorandum No. 43778-B/57-1 dated 24-9-1957 directing the provisional assignment to the 3rd respondent of the tends in Survey Nos. 512/2A/2, 512/2B and 472/2 excluding the portion of a site occupied by the poor Harijans in the village of T. Sodam in Chittoor District.2. The case of the petitioners is that in 1950, the 3rd respondent herein was provisionally assigned certain poramhoke lands in T. Sodam village and that upon the representations made by the villagers, the Tahsildar, Madanapalli submit led a report, E 1-9909/53 dated 13-10-1955 and that the Sub-Collector by his proceedings D. Dis, No. 19161/55 dated 20-10-1955 cancelled the provisional assignment except in regard to Survey No. 273/1.Thereupon the 3rd respondent preferred an appeal to the Collector, and the Collector of Chittoor in D. Dis. No. 23514/55 dated 1-9-1956 subs...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-17-1958
Reported in : AIR1959AP618
Satyanarayana Raju, J.1. This is a petition, under Article 226 of the Constitution, for issuing a writ of Certiorari to quash the order of the District Traffic Superintendent, Waltair, removing the petitioner from service.2. In the year 1954, the petitioner was employed as the Assistant Station Master at the Waltair Store Depot Station, situa'cd on the South Eastern Railway. There was at the said station a head-on collision between 'wo good-trains, Nos. 513-Up and 538-Down, on the night of 8th May 1954 at 0-55 hours, resulting in serious loss to the Railway. Immediately after 'he accident, at 1-50 A. M,. the District Traffic Superintendent made an on-the-spot investigation. On 10th and 11th, a Committee of Senior Officers held an enquiry into the cause of the accident. At the enquiry 17 witnesses in all were examined. The petitioner was placed under suspension on 12-5-1954. This was followed by a notice, dated 14-5-1954. issued bv the District Traffic Superintendent to the petitioner. ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-19-1958
Reported in : AIR1959AP538
P. Chandra Reddy, C.J.1. All these writ appeals raise common questions of law and so they could be heard and disposed of together in one judgment.2. These appeals arise out of a judgment of our learned brother, Satyanarayana Raju J., quashing the Government Orders issued in exercise of the powers under Section 3 of the Madras Essential Articles Control and Requisitioning (Temporary Powers) Act, Madras Act 29 of 1949, as amended by the Madras Essential Articles Control and Requisitioning (Temporary Powers) Andhra Amendment Act, 1955 (hereinafter called the Act).3. The Government of Madras and its successor the Government of Andhra State were having a single power grid system for ihe whole State comprising Tungabhadra and Machkund Hydro Electric Systems and the Thermal Systems of Nellore. The entire energy was integrated into one power system. The Government entered into agreements with the several consumers in the State including the respondents for the supply of energy in bulk at speci...
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