Court : Andhra Pradesh
Reported in : AIR1959AP292
P. Chandra Reddy, Offg. C.J.1. These petitions are filed by several persons carrying on motor transport business in Krishna District for the issue of a writ of certiorari to quash a common scheme No. T6/10/57 dated 5-11-1957 published in the Andhra Pradesh Gazette as approved by the Government of Andhra Pradesh in G. 0. Ms. No. 58 Home (Transport IV) dated 7-1-1958 and published in the Andhra Pradesh Gazette, Part II (Extraordinary) dated 9-1-1958. The State of Andhra Pradesh published a scheme, for the purpose of providing an efficient, adequate, economical and properly co-ordinated transport service in the public interest to operate the transport services mentioned therein with effect from a date to he notified by the Government.This was done in exercise of the powers conferred by Section 68C of the Motor Vehicles Act as amended by the Act 100 of 1956 which introduced Chapter IV-A into the Motor Vehicles Act of 1939. The transport service specified In the scheme covers all the routes...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP279
1. The problem posed here is whether the process fee payable for service of notice on the respondent is the one governed by the rules framed by the erstwhile Hyderabad High Court or those of the Andhra Pradesh High Court. So far as the case on hand is concerned, it does not present any difficulty for the reason that the appeal itself was filed after 1-11-1956 i.e., a few days after the Appellate Side Rules were promulgated by virtue of the powers conferred by the enactments mentioned in Schedule I thereto and all other powers thereunto enabling. 1t was admitted on 7-12-1956 and steps were taken to serve the sole respondent on 8-7-1958. In such a situation, this apppeal as well as all proceedings arising therefrom are governed only by the appellate Side made after 1-11-1958.2. But the vital question is whether these rules would apply to appeals filed before the formation of the Andnra Pradesh High Court and during the existence of the erstwhile Hyderabad High Court. It is argued, by the...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP437
P. Chandra Reddy, C.J.1. This petition is filed for the issue of a writ of certiorari to quash the proceedings relating to selection of candidates for admission into the First year M.B.B.S., course in Osmania Medical College and Gandhi Medical College, Hyderabad for the academic year 1958-59 by deleting the G.O. Ms. No 1071, (Health) dated 26-5-1958. The petitioners, four in number, are Graduates of the Osmania University who have passed B. Sc. Examination. In that examination, the 1st and 2nd petitioners have secured 61.2% marks in the Optionals, the 3rd petitioner 59% and the 4th 58.7% marks. In answer to a notification D/-1-6-1958 calling for applications for admission into the first year M.B.B.S. course in the aforesaid Medical Colleges commencing from July, 1958, the four petitioners sent in their applications to the Principal of the Osmania Medical College.They were not called for the interview held by the Selection Committee for selecting candidates. This was obviously for the r...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP237; [1959]10STC263(AP)
P. Chandra Reddy, C.J.1. These three petitions raise a common question of law and were, therefore, heard together. 2. The petitioners, who are dealers in petroleum products, have petrol hunks in different parts of the city of Hyderabad. They were called upon to register themselves as dealers among other things, as required by the provisions of the Madras Sales of Motor Spirit Taxation (Andhra Pradesh Extension and Amendment Act. 1958) Act V of 1958 (hereinafter referred to as the Act) which was passed by the Andhra Pradesh Legislature and to which the assent of the Governor was obtained on 25-3-1958.This led them to file the petitions under Article 226 of the Constitution of India for the issue of a Writ of Mandamus directing the respondents to forbear from giving effect to the provisions of the Act, questioning the validity of the said Act. The vires of the Act are challenged before us on the ground that it was not competent for the Andhra Pradesh legislature to amend the Madras Sales...
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1959]10STC162(AP)
ORDERThe Order of the Court was pronounced bySatyanarayana Raju, J.1. The petitioner, hereinafter referred to as the assessee, is a firm carrying on business at Eluru in the District of West Godavari, and has filed the present petitions under Article 226 of the Constitution for the issue of a writ of prohibition or other appropriate writ restraining the Commercial Tax Officer, Eluru, from collecting sales tax for the years 1951-52 and 1952-53.2. The assessee was assessed to sales tax on a turnover of Rs, 1,91,985-5-1 for the assessment year 1951-52 and on a turnover of Rs. 4,37,156-7-8 for the assessment year 1952-53 on 11 th February, 1953, and 30th March, 1954, respectively. Subsequently, on 27th August, 1954, the Special Assistant Commercial Tax Officer made a surprise inspection of the business premises of the assessee and recovered two account books containing transactions in paddy and castor-cake for the year 1954-55. On 25th September, 1954, the officer made a second inspection ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP493
P. Chandra Reddy, C.J.1. This is a petition under Article 226 of the Constitution for the issue of a Writ of mandamus directing the respondents to consider the application of the petitioner and pass order thereon.2. The Principal of Osmania Medical College, Hyderabad catled for applications for admission into the two Medical Colleges in the city of Hyderabad, the last date for the receipt of applications being 25-6-1958. The petitioner, who secured 59 per cent of marks in Part III of the Intermediate Examination consisting of Physics, Chemistry and Biology, applied for a seat in answer to that notification. She was one of those who were interviewed by the Selection Committee and was awaiting receipt of orders. She seems to have been selected for admission into the college. It is stated in the affidavit filed in support of the petition and which is not denied by the respondents that she secured the ninth rank in the list of candidates selected from the Marathwada area.3. At this stage, ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP455; 1960CriLJ1184
Sanjeeva Row Nayudu, J.1. This appeal is directed against the judgment and order of the Court of the Additional Munsif and First Class Magistrate, Secunderabad dated the 27th March 1958, made in Criminal Case No. 460/3 of 1957, finding the accused not guilty of charges under Section 86(2) of the Em-ployees's State Insurance Act, 1948 and ordering dismissal of the complaint made by the complainant in the case.2 The complaint in this case was preferred by one Insurance Inspector, Aziz Qureshi, on behalf of the Employees' State Insurance Corporation at Secunderabad, against one Bade Saheb as the principal employer of Shivaji Press carrying on business at Secunderabad. The complaint was filed, under Section 86(2) of the Employees' State Insurance Act of 1948.3 The learned Additional Munsif and First Class Magistrate, Secunderabad, held that the Inspector Aziz Qureshi is only authorised under Ex. P-1 to represent the corporation in all cases falling within the jurisdiction of Mahabubnagar, ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP298; [1960]11STC420(AP)
Satyanarayana Raju, J.1. In this Revision Case a somewhat novel point has been raised, and that is, whether after the reorganisation of States on the 1st November 1956, transactions of sale involving the movement of goods from the Telangana area into the Andhra area (both areas being constituent parts of the State of Andhra Pradesh) can be deemed to be inter-state sales.2. The petitioners are dealers in cycles and cycle parts at Secunderabad. This city was a part of the area comprised in Hyderabad State before its disintegration and is now within the territory of the State of Andhra Pradesh.3. For the assessment year 1956-57, the assessing authority under the Hyderabad General Sales Tax Act determined the petitioners' total net turn over at Rs. 10,95,439-14-9. Out of the aggregate turnover a sum of Rs. 46,739-2-0 represents the sales effected by the petitioners to dealers in the Andhra area from 1st November 1956 to 31-3-1957. It was contended by the petitioners that under section 119 ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP46
ORDERSeshachalapati, J.1. This is a petition under Article 226 of the Constitution of India for the issue of a Writ of certiorari to call for the records in R. C. 8 BM/58 from the Secretary, Board of Secondary Education, Andhra Pradesh, Hyderabad and in R. C. 8 BM/58 dated 28-8-1958 from the Commissioner of Government Examinations, Andhra Pradesh, Hyderabad, and to quash the order dated 28-8-1958 recorded in S. S. L. Certificate of the petitioner.2. The petitioner was a student in the VI form in the Board High School, Nandigama. Krishna District in the year 1957-58. He sat for the S. S. L. C. Public Examination held in March 1958 with the register No. 18572. The examination was conducted at the Board High School, Nandigama, where 212 students from five neighbouring high schools sat to write their papers. The examination would appear to have been held on 12-3-1958 and the following days. On 13-3-1958, a telegram was sent by some person alleging that the examiners were helping the studen...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1961AP50
Chandra Reddy, C.J.1. Two of the residents of Balakrishnapuram, Tiruitanj Taluk, which was till the 1st of April, 1930 a part of Chittoor District, question the vires of the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959, (hereinafter referred to as the 'Act' for the sake of brevity). They seek a writ of mandamus to restrain the State of Andhra Pradesh from enforcing the provisions of the said Act.2. It is necessary to trace briefly the origin of the Act. On 1st October 1953, the Andhra State was formed under the Andhra State Act, 1953. At that time, the boundaries between the Andhra State and the State of Madras and Mysore were not finally settled and the Prime Minister of India announced that a Boundary Commission or Commissions might have to be appointed to determine the exact boundaries of these States. Pursuant to this, several steps were taken for adjusting the boundaries between Andhra and Madras States and a census of the various border villages was collected by...
Tag this Judgment!