Court : Andhra Pradesh
Reported in : [1958]9STC215(AP)
..... publication. if valuable suggestions, which have escaped the attention of the government and the legislature, are forthcoming after approval but before publication, nothing in the act prevents the government from accepting the said suggestion, incorporating them in the rules and placing them before the legislature for approval and with the approved modifications publishing ..... independently, the authorities empowered to make them and the manner in which they have to be made have been clearly specified. under the madras district municipalities act, section 77-a empowers the state government by notification to constitute any class of officers or servants of municipal councils into a municipal service for the ..... published finally on 15th september, 1939, when in law effective statutory rules were made under the act.20. the history of the making of the rules is found in syed mohamed & co. v. the state of madras (1952 3 s.t.c. 367 at p. 383). the learned judges stated thus :'in accordance with .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP64
..... proceeded to observe :'the profit which a person actually received is a matter within the peculiar knowledge of that person and, under section 106 of the evidence act, the burden of proving the amounts actually received will lie on the person who received them; but the burden of proving the profits that the person in ..... the temples had been under the management of sevadoss and his successors till 1900 when the defendant succeeded as mahant and took over its management.in 1933. madras act xix of 1933 was passed, constituting the tirumalai tirupathi devasthanam committee as a body corporate for the management of the said devasthanams. thereafter, the suits were filed ..... the original petition filed under section 45(2) of the madras hindu religious endowments act.the decrees were made pursuant to the judgment. the defendant preferred appeals against the decrees to the high court being a. s. no. 434 of 1942 and a. s. no. 33 of 1943. the plaintiff preferred a memorandum of objections claiming that .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1958]9STC231(AP)
..... argue that the learned judge has expressly or by necessary implication decided the question of the liability of an unlicensed dealer to tax under section 3(1) of the act. that decision is only authority for the position that the purchases of a licensed tanner from an unlicensed dealer cannot be included in the turnover of the former, ..... unlicensed dealer either for tanning or for export as the case may be. the answer depends upon the interpretation of the relevant provisions of the madras general sales tax act and the madras general sales tax rules made thereunder, particularly rules 4, 15 and 16.2. a division bench of the madras high court consisting of rajamannar, c ..... is payable. a full bench of the madras high court in hajee abdul shukoor & co. v. the state of madras (1955 6 s.t.c. 352) after a detailed consideration of the provisions of the act and the rules framed thereunder came to the same conclusion. the learned judges expressed their conclusion at page 364 thus :-'the conclusion we .....
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 ..... , related to the partnership property, which on account of communal disturbance at the time was with the consent of the partners removed to one of the partner's house for safety purposes but later on the partner concerned misappropriated and denied all knowledge about the property.in such circumstances it was held by the full bench that ..... in england before such legislation. the sections relating to criminal breach of trust do not admit of an interpretation that there can be entrustment of property belonging1 to one's own self. the words 'property of himself and or any other person' used in section 424 i, p. c, do not find place in sections relating .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1958CriLJ150
..... m. and 1-30 p.m. to 5-30 p.m. this is said to be a clear contravention of s 63 of the factories act of 1948.he also found that the muster roll maintained was not marked for those workers on the date and this ..... , in view of the wording of section 117, it can be argued that there should be mens rea or criminal intention. the acts complained of do not suggest in any manner any oblique motive or criminal intention the workers were not required to work beyond a period ..... the statutory period and hence no question of limitation would arise.4. it is then argued that there being no mens rea, the acts complained of cannot constitute an offence. reliance has been placed on the provision of section 117 which reads as below:no suit, prosecution ..... of the acquittal of mangaldas v. thakker, manager, golden tobacco company who was charged with an offence under section 92 of the factories act, 1948. it appears that on 8-7-1956, when the regional inspector of factories, guntur, went for inspection after 5-30 p. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1958CriLJ733
..... repercussions on the ultimate result of a case. as observed by their lordships of the supreme court in w. slaney v. state of madhya pradesh, (s) : 1956crilj291 .the omission to frame a charge is a grave defect and should be vigilantly guarded against. in some cases, it may be so ..... on the facts proved by the prosecution viz., that ten persons including the seven accused, had been lying in wait to attack p.w. 7's party; that out of them five persons were armed with axes, one with a gun and the rest with sticks; and that, as a result ..... the butt of an axe while a-7 dealt a blow on his shoulder with a stick; p.w. 2 went to p.w. 3's rescue. thereupon a-2 struck p.w. 2 on the head with an axe. shivmurthy struck p.w. 2 on the forehead with an ..... preferred by him, the police filed a case of mischief against the accused and the case stood posted to 12-10-1956 in the massif-magistrate's court at bidar, which is 8 miles from marayampur. p.ws. 2, 3 and 4 were cited as witnesses for the prosecution in that .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1958CriLJ603
..... 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 ..... 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 ..... in closing, that in a recent case, macherla hanumantha rao v. the state of andhra pradesh cri app no. 57 of 1957 : (s) a.i.r. 1957 sc 927 (b), the supreme court had to consider the constitutionality of section 207-a, cr.pc arguments almost identical ..... cr. m. p. no. 911 of 1956 in which a police charge-sheet has been filed for an offence under s- -324, i.p.c, the petitioner asks for a direction' to the lower court not to follow the procedure .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1958CriLJ730
..... , therefore, assume that there is no such notification and, therefore, the earlier one still holds the field. consequent upon the coming into force of the criminal procedure code amendment act (act x2cvi of 1955), the government of andhra made an order dated 26-3-1956 effecting changes in the set up of the criminal judiciary in the state in an ..... respect of an offence alleged to have been committed by the respondent in relation to c.c. no. 26 of 1955 on the file of the sub-divisional magistrate's court, yellamanchili.5. section 476(1) reads:when any civil, revenue or criminal court is, whether an application made to it in this behalf or otherwise, of ..... ipc in the court of the sub-divisional magistrate.the sub-divisional magistrate disbelieved the evidence of the prosecution and discharged the petitioner on 23-9-1955. the petitioner's case was that the respondents, in view of factions in the village, made a false charge against him maliciously with a view to harass him and that, therefore, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1958CriLJ737
..... evidence adduced in the case, discharged the accused, and, finding that the complaint against accused was vexatious, ordered the complainant to pay to the accused sada rs. 10/- as compensation under section 250, criminal p.c. it was contended before the full bench that the information lodged by the police constable was not a complaint but was & police report and ..... 26 bom 150 (a), a pun bench of the bombay high court had to consider the scope of section 250, criminal p. c, which empowers a magistrate to award compensation to a discharged or acquitted accused in false, frivolous or vexatious cases instituted on complaints. in that case a police constable filed a complaint against one sada for committing a ..... . c. no. 8 of 56 report transmitted.ref: your petty case 29 of 56 under section 19 of the madras gaming act.a charge-sheet was filed by the s. h. o. gudivada town under section 12 of madras gaming act against one a. v. ramayya of parikipadu. this was taken on file as b. c. no. 8 of 56 and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1958CriLJ856
..... accused therein.4. on 9-11-1956 the judicial ii class magistrate, nandikotkur, who had held the preliminary enquiry in p. r. c. no. 12 of 1955, acting under section 476, criminal procedure code, filed complaints under section 193, indian penal code, against the three petitioners before the judicial i class magistrate, kurnool, after recording a finding ..... enquiry in p. r. c. no. 12 of 1955.5. it is contended on behalf of the petitioners that the judicial ii class magistrate, nandikotkur, has acted without jurisdiction in laying the complaints long after the termination of the proceedings before him, inasmuch as under section 479a(1), criminal procedure code, the complaints should have been made, ..... if at all, at the time the order of commitment was passed, i-e., on 30-1-1956 and the magistrate has acted illegally in filing the complaints on 9-11-1956.6. the argument appears to me to be unanswerable. section 479a, which is a self contained section, was .....
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