Court : Andhra Pradesh
Decided on : Sep-10-1959
Reported in : AIR1960AP516
..... by the appellant on the ground that it was not in the interests of the minor that she should be left under the care and protection of her mother, who was not leading a respectable life.4. besides examining a number of witnesses on either side, the district judge examined theminor in order to ascertain her wishes as to her ..... guardians and wards act for the custody of her minor daughter against her own mother and brother with whom the minor was living. sanjee-vamma was the only surviving issue of the respondent ..... file of the district court, anantapur, against the order of the district judge giving to the respondent the custody of her minor daughter, sanjeevamma, under the guardians and wards act. 1890.2. the facts that have given rise to this appeal may he briefly stated. the application was filed by the mother of sanjeevamma under section 10 of the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-12-1959
Reported in : AIR1960AP234
..... jurisdiction to declare it unconstitutional on the ground that it is unreasonable. but a right to carry on business is a fundamental right protected by the constitution and it stands to reason that a tax on such a right should not be such as to destroy it ..... law ed. 579 are not of much avail to the petitioner.24. in the first of them section 3 of the indian stamp act (act i of 1899) which enacted that the instruments mentioned in schedule i should be chargeable with duty of the amount indicated in the schedule ..... court had to pay a sum of rs. 500/-. this amount was enhanced to rs. 625/- by the madras stamp (amendment) act (act vi of 1922).the point raised there was whether this was repugnant to article 19(1)(g) of the constitution which declared the right ..... commerce trade and intercourse, while the latter deals with the freedom of an individual in several spheres of life.18. another bench of the same court in bengal immunity co. v. state of bihar, : air1953pat87 applied this doctrine to the bihar .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-23-1959
Reported in : [1960]11STC145(AP)
..... books of account for examination in order that he may ascertain which of the transactions carried on by them are transactions within the ambit of the protection provided by the constitution and the act. while some of the petitioners applied for time to produce their accounts, all ultimately failed to produce them with the result that the officer was ..... of the import of the goods into or export of the goods out of india and as such protected by sub-clause (b) of clause (1) of article 286 of the constitution and clause (ii) of section 38 of the act itself.2. it may be stated at once that yanam where the petitioners claim to reside and carry ..... pursued them instead of approaching this court for relief under article 286. i am inclined to accept these contentions. it is perfectly clear that neither the constitution nor the act makes any exception in favour of persons; the exception is only in favour of transactions of a particular nature. where transactions are admitted or proved to have been .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-17-1959
Reported in : [1960]11STC804(AP)
..... on behalf of the government that interference under article 226 of the constitution would not be justified because the petitioner could have pursued other remedies open to him under the act. the petitioner however relies on r. v. wandsworth jj. [1942] 1 all e.r. 56. in that case, their lordships were dealing with an application for an order of certiorari .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-08-1959
Reported in : AIR1960AP451; [1960]11STC581(AP)
..... application at all.15. in venkataraman v. union of india, : 1954crilj993 it was held by the supreme court that in order to enable a citizen to invoke the protection of clause (2) of article 20 of the constitution, there must have been prosecution and punishment in respect of the same offence. the words 'prosecuted and punished' ..... the objectives of the two sanctions are different, while section 10 aims at purnishing the culprit and vindicting public justice, the object of the other is to protect the revenue and to reimburse the government for tile expenditure involved in the investigation of the loss resulting from the fraud of the licensees. both the sanctions are ..... 3). this, it is argued, violates the equality before the law and also the equal protection of law. this argument appears to me to be wholly unsustainable. in the madras general sales-tax act which was replaced by the andhra pradesh general sales-tax act 1957, section 15 was in these terms:'15 : any person who: (a) wilfully .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-17-1959
Reported in : AIR1960AP273
..... right to say that a mortgagee, by merely getting the consent of the mortgagor, can avoid the ..... necessity of applying to the court. a large part of the protection which this act was intended to provide would virtually disappear. people in the position of such persons as i have mentioned might easily be persuaded to give a consent without really knowing ..... 388 (10th edn.) in these words:'every one has a right to waive and to agree to waive the advantage of law or rule made solely for the benefit and protection of the individual in his private capacity, which may be dispensed with without infringing any public right or public policy.'41. mr. ramachandra raju has contended that the terms ..... the said instrument, 9100 b-class shares were delivered to the 1st defendant bank together with blank share transfer forms duly signed by r. k. n. g. raju. during his life time certain payments were made to the bank. r. k. n. g. raju died at madras on 20-4-1948. on 25-11-1948, the counsel for the plaintiff .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-05-1959
Reported in : AIR1960AP502
..... these circumstances the plea that the firm is not the agent cannot be sustained. 6. now the last question for consideration is whether the transaction is within the protection of article 286(2) of the constitution of india so that no tax can he levied by the state legislature. it will he seen that while the state ..... it be assumed that thesale was in the course of inter-state trade, the transactions for the questioned period were protectedby the president's sales tax laws validation act(vii of 1956) which act was brought into questionin sudararamaier and co. v. state of andhra pradesh, : [1958]1scr1422 , and was found to be quite valid and intra vires ..... business of buying or selling goods in the hyderabad state but resident outside it (hereinafter in this section referred to as a 'non-resident') the provisions of this act shall apply subject to the following modifications and additions, namely: (i) in respect of the business of the non-resident his agent residing in the hyderabad state shall .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-24-1959
Reported in : 1961CriLJ37
..... was holding an office, if at the time cognizance is taken of the offence he had ceased to be a public servant, the protection given to a public servant under section 6 of the prevention of corruption act would not extend to him and such a person could be prosecuted without sanction. it was therein observed that:if a general power ..... he had shed the temporary cloak of presidentship does not make any difference in this case, as there is as much protection to a memoer of the punchayat board as to a president under section 106 of the act. it is true that on principle the supreme court's decision quoted above would have been applicable to the present case ..... board and thus ceased to be entitled to the protection under section 106 at the time the cognizance was taken.7. i am therefore clearly of opinion that any prosecution against the petitioner for what he did in the performance of his official functions requires sanction under section 106 of the act.8. the next question to consider is whether .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-27-1959
Reported in : AIR1961AP180
..... him to be performing some services under the contract.in our view, a contract of service most, in order to come within the mischief of section 7(d) of the act, specifically have as its object the performance of a service. in other words, it means a contract directly for the performance of services or ancillary to the performance of any ..... service for the government.in this view he submits that the contract for picking the beedi-leaves is one which comes within the definition of section 7(d) of the act and if so the fact that there were still some amounts due from the contractor to the government together with the fact that no certificate as required under the rules ..... expiry of the dale, be still deemed to be a contractor of the government.the question in this case is whether the terms of the contract, read with the forest act and the rules, made thereunder, deem it a contract for the supply of goods or the execution of any works or the performance of any services undertaken by the appropriate .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-05-1959
Reported in : [1960]11STC705(AP)
..... , even if it be assumed that the sale was in the course of inter-state trade, the transactions for the questioned period were protected by the president's sales tax laws validation act (vii of 1956) which act was brought into question in sundararamier & co. v. state of andkra pradesh 1958 s.c.j. 459 and was found to be ..... in these circumstances the plea that the firm is not the agent cannot be sustained.9. now the last question for consideration is whether the transaction is within the protection of article 286(2) of the constitution of india so that no tax can be levied by the state legislature. it will be seen that while the state legislature ..... the business of buying or selling goods in the hyderabad state but resident outside it (hereinafter in this section referred to as a 'non-resident') the provisions of this act shall apply subject to the following modifications and additions, namely :-(i) in respect of the business of the non-resident his agent residing in the hyderabad state shall .....
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