Court : Andhra Pradesh
Reported in : 1951CriLJ1333
..... in balkrishna hari v. emperor a.i.r. (20) 1933 bom. 1 : 84 cr. l.j. 199 s.b., that court dealing with similar provision of section 107, government of india act, 1915, held that this supervisory power cover judicial matters. therefore, the proceedings of the tribunals are no longer immune from interference from this court. but apart from it ..... r. (19) 1932 bom. 596 : 34 cr. l.j. 47, rangnekar j. held that high court has revisional jurisdiction under its powers of general superintendence under section 107, government of india act. i am therefore of the opinion that article 227 of the constitution applies to this case-even if it be assumed that after deleting the invalid portion of ..... the case. it has been also held that even in cases in which a warrant is issued in the first instance the high court can act according to the principle laid down in the section. moreover, it is to a certain extent advantageous to the accused who will actually bo present during trial that their case should not be .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1951CriLJ273
..... by making the government officials, especially of the revenue and police departments, fall in line with the district and taluq organisations of the majlis ittehad-ul-muslimeen, finance, arms, transport, petrol, cloth and food rations were liberally supplied to the razakars who were engaged in organising a state-wide campaign of terrorism, class hatred ..... the special tribunal no. iv, hyderabad for offences of criminal conspiracy, promoting class hatred, robbery, dacoity, mischief by fire, murder, grievous hurt, punishable under section 77b, 83 and sections 243; 266, 328, 330 and 368, read with sb. 66 and 77b, hyderabad penal code and for contravening rr, 37, 67 and 58, defence ..... 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 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1952CriLJ873
..... jung and abdul hamid khan against the order of the special judge refusing bail. the petitioners also invoke the aid of sections 498 and 561-a criminal p.c., and section 24 of the hyderabad high court act. these petitions are disposed of by this single order.2. the charge against the accused briefly stated is as follows: ..... of the majlis easier, by making the government officials especially of the revenue and police departments fall in line with, the district and taluq organisations of the majlis. finance, arms, transport, petrol, cloth and food rations, were liberally supplied to the razakars who were engaged in, organising a state-wide campaign of terrorism, class hatred, ..... bail by the sessions court and the high court refused to interfere. we however find that in that case the prosecution was for an attempt to murder under section 307, i.p.c., that all the important witnesses for the prosecution were already examined, that only the father and brother of the complainant remained to be .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1953CriLJ785
..... the special tribunal. on 8.10.1949 again another regulation was promulgated by the military governor styled the special tribunals (validation of proceedings) regulation and by virtue of section 3 of the aforesaid regulation it was provided that all proceedings taken by the special tribunal in relation to the offences which the special tribunal was, by an order ..... these persons were wholly in charge of the investigation of this case and one cannot understand why the prosecution fought shy of putting these persons in the witness box.acting on this principle that it would not be desirable to allow the prosecution to patch up the evidence, that is wanting in this case, i agree with the ..... expressed that they were not in agreement with the judges of the federal court and that it did not violate any principle and that that fact did not make the act or ordinance 'ultra vires'. a similar observation was made by the chief justice of india. harilal kama in the case of-gopalan v. the state of madras : .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1953CriLJ1320
..... of this information, the deputy superintendent of police, koppal, made the following endorsement:handed over to s.i. police, gangavathi, for registering a case under section 409, i.p.c. he should arrest the two accused immediately and complete the investigation and file the charge-sheet; the inspector, gangavathi will also personally investigate ..... criminal procedure code that the application must be presented by the accused personally and that the word 'khud' (in urdu) prefixed before the word 'appears' in the said section, in the ordinary parlance, can only mean that the person applying for bail should personally present himself in court. azgar yar v. jung j., however was ..... and the sessions judge of raichur were passed. there is, therefore, no impediment for the applicant in being entitled to present an application for bail under section 497.15. the only question which remains is whether his physical presence in court is necessary before he can be granted bail. the learned advocate-general .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1954CriLJ437
..... d. it was argued by the learned advocate for the complainant that this list should have been sent on or before 5-9-1946, as required by section 48, hyderabad companies act. we again examined the papers including those in the file of the complainant's office which the learned inspector, hari pershad, of the joint stock companies had ..... and as it was not discharged, the company in our opinion, is responsible. we, therefore, maintain the fine of rs. 200 imposed on the company under section 50, hyderabad companies act.5. the question is: whether the directors who are appellants here should also be held liable for the same. their liability depends under the express words of ..... to 438, register no. 6 of 1950. the second magistrate (city criminal court), by judgment dated 22nd bahman 1359 p. convicted the appellants under sections 48 and 74 of the hyderabad companies act. an appeal was lodged before a single bench of this court and it has by judgment dated 5-4-1950, referred the case to this bench .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1955AP257
..... the deduction was claimed. secondly, we are unable to see how the definition of turn-over could be invoked in favour of the petitioner. section 2. cl. (i), madras general sales tax act says that 'turn-over' means'the aggregate amount for which the goods are either bought or sold by a dealer whether for cash or ..... raw, refined, or solidfied) or oil-cakes specifiedin column 1 of theschedule to this order......................'it was argued that since the expression 'vegetable oil' used in this section is inclusive of solidified oil which is synanymous with hydrogenated oil, we have to understand the word 'hydrogenated oil' in the same sense. we doubt very much whether ..... . we do not think that the failure to mention hydrogenated oil is decisive of the matter. it could equally be argued that if the intendment of the section was to include this commodity, the legislature would have stated so in express terms. so we cannot speculate on the presumed intentions of the legislature in this respect .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1956CriLJ575
..... part of the proprietor. this conclusion of mine is not only fortified by the frame of the rule but by decided cases. 7. construing an analogous provision in the forest act, section 21 (d) which makes 'inter alia' permitting the cattle to trespass an offence, collins c.j. and wilkinson j. in - 'queen empress v. krishtayyan' 15 mad 156 (a) expressed ..... that a licensed person could not be convicted under section 13 of the licensing act, 1872 of permitting drunkenness to take place on his premises where the evidence shows that a person who was on the premises was in fact drunk, but the ..... permission on the part of the owner, the learned judges remarked that the word 'allow' ordinarily involved permission express or implied and it was used in that sense in section 6 of the act.11. the view taken by me accords also with the dictum of mathews j. in somerset v. wade (1894) 1 qb 574 (f) it was decided there .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1956]7STC423(AP)
..... .d. contractor, that it has paid sales tax while buying the material and it cannot therefore be subjected to tax under proviso (2) of sub-section (1) of section 5 of the act and that tax should be levied only to the extent of costs of the material but not on the contract amount. the commissioner rejected the revision on ..... regard to those decisions.25. in that case though the construction placed by jessel, m.r., upon the words in the corresponding provisions in middlesex registry act for purposes of interpreting section 12 of the act 18 & 19 vict, c. 15 was dissented from by the court of appeal, it is clear that the rule of construction there involved was ..... goods', ' and consequently for the reasons given by their lordships of the nagpur high court, with which we respectfully agree, explanation (1)(i) to section 2(m) of the hyderabad general sales tax act, 1950, and rule 5(3) of the rules made thereunder are ultra vires.14. now adverting to the main contention that the legislature has no .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1958]33ITR760(AP)
..... the order of the income-tax appellate tribunal dated december 17, 1953, under which it was held that section 40 of the hyderabad income-tax act ceased to have effect by virtue of section 13(1) of the indian finance act, the remedy of assessee being elsewhere, the assessee has also filed an application for the issue of a ..... penalty imposed under the provisions of sub-section (3) of section 35 or section 40 or sub-section (1) of section 58 of the hyderabad income-tax act. further, it is not as if the legislature was not unaware of the provisions relating to penalty, because in sub-section (20 of section 13 of the finance act itself, while repealing any law corresponding to ..... the income-tax appellate tribunal comes to this : namely, that having regard to the fact that section 40 of the hyderabad income-tax act relating to the levy of penalty not having been saved by section 13 of the finance act, the income-tax officer had no jurisdiction to levy any penalty and since he has no jurisdiction .....
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