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Judgment Search Results Home > Cases Phrase: mediation Court: andhra pradesh Year: 1956 Page 1 of about 12 results (0.039 seconds)

Jan 09 1956 (HC)

In Re: Boddu Sanyasi Patrudu and ors.

Court : Andhra Pradesh

Decided on : Jan-09-1956

Reported in : 1957CriLJ939

..... inspector of police p. w. 22, the latter deposing that he had not seen either the chase or the apprehension or the recovery of a gold wristlet from him, the mediator's report ex. p-44 recites that it was the circle inspector that chased a-13 while running and caught him and brought him before some ..... mediators, and on searching his person, those two jewels were found. having regard to this contradiction which should be regarded as a vital one, it should be said that there is .....

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Mar 02 1956 (HC)

In Re: Shaik Server

Court : Andhra Pradesh

Decided on : Mar-02-1956

Reported in : 1957CriLJ1393

..... railway police sub-inspector, took up investigation and on 11-1-1955 searched the house of the petitioner who is a sundry shop keeper at guntakal, in the presence of mediators, one of whom was p.w. 5. he seized two gunny bags which were found in the petitioner's house. one of these gunny bags contained 4 pieces of cots ..... gist of the petitioner's defence is that he was not aware of the contents of the two gunny bags which were left with him by basigadu and buddodu. the mediator p.w. 5 himself admitted in his further cross-examination:p.w. 7 brought three madigas along with him to the house of the accused. they told us that they .....

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Feb 27 1956 (HC)

Narsing Rao Vs. State and ors.

Court : Andhra Pradesh

Decided on : Feb-27-1956

Reported in : 1957CriLJ280

order1. this is an application in revision on behalf of b. narsing rao against the order dated 23rd april 1954 of the additional magistrate first class, secunderabad, directing the girl kamala to be handed over to g. pochiah, the second respondent before us.2. the facts which culminated in the impugned order may shortly be stated. on 16th april 1954'g. pochiah lodged information with the police that the petitioner had enticed away his daughter, who was below sixteen years of age in his absence and was refusing to restore her to his custody. the police registered a case under section 363, indian penal code and issued f. i. r., which reached the court on 20th april 1954. on the same date, three separate applications were made to the court on behalf of the state, the petitioner and respondent no. 2. the state prayed that pending investigation and trial of the case the girl produced before the magistrate may be sent to the rescue home at asfnagar. the petitioner claiming himself to be the husband of the girl and the second respondent claiming to be her father competitively contested for ad interim custody of the girl.3. the learned magistrate, without going into the merits of the application made by the state gave preference to respondent no. 2, who though a stop father was in his opinion a natural guardian and as such better entitled to be entrusted with the interim custody of the girl. the petitioner's application was rejected on the ground that his assertion as to his being .....

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Nov 16 1956 (HC)

Kadiyala Chandrayya Vs. State of Andhra

Court : Andhra Pradesh

Decided on : Nov-16-1956

Reported in : [1957]8STC33(AP)

k. subba rao, c.j. 1. this is a revision against the order of the andhra sales tax appellate tribunal confirming that of the deputy commissioner of commercial taxes.2. the petitioner is the proprietor of a non-vegetarian meals hotel called sri taj mahal hotel, eluru. he was assessed for 1953-54 on a turnover of rs. 27, 000 on the best of judgment in the absence of a return from him. the tribunal estimated the turnover at 4 times the cost of the mutton purchased. the learned counsel for the petitioner contended that the said multiple is arbitrary and is not supported by any reasonable basis. the tribunal came to the conclusion, on the material placed before them, that, from 1st april, 1953, to 14th june, 1953, 2050 seers of mutton were purchased for rs. 3072 working out an average roughly of 30 seers per day at rs. 1-8-0 per seer. but, as there was no evidence of other purchases such as rice, vegetables, dhall, ghee, curd etc., which would be necessary to make a complete meal costing rs. 1-4-0, the tribunal estimated that four times the cost of the mutton purchased would represent the average sale proceeds per day, i.e., rs. 180. on that footing, the net turnover for five months was fixed at rs. 27, 000. the assessment was, therefore, made on the relevant material placed before the tribunal and we cannot say that it was mere guess work or was arbitrary.3. the learned counsel then raised for the first time before us, the contention that the proviso to section 3(1)(b) offends .....

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Sep 18 1956 (HC)

In Re: Sheikh Umar Saheb Alias Umra

Court : Andhra Pradesh

Decided on : Sep-18-1956

Reported in : 1957CriLJ919

chandra reddy, j.1. i would like to add a few words regarding the value to be attached to the evidence of eye-witnesses. in support of the proposition that no weight should be attached to the testimony of child-witnesses mr. basi reddy, counsel for the appellant cited to us, two rulings one of lahore high court in abbas v. emperor air 1933 lah 667(a) and of the judicial committee of the privy council in mohamad sugal v. king 1946 mad. w.n. 101 : (air 1946 po 3)(b). in the first of the two cases, it was observed by the learned judges that, in considering the evidence of child-witnesses, the observations (which will be referred to immediately) should not be lost sight of although each would depend upon its particular facts and circumstances. the passage which was the basis of these observations of the learned judges is extracted from the outlines of criminal law page 336 by dr. kenny, downing professor of the laws of england, cambridge university.children are a most untrustworthy class of witnesses, for, when of a tender age, as our common experience teaches us, they often mistake dreams for reality, repeat glibly as of their own knowledge what they have heard from others, and are greatly influenced by fear of punishment by hope of reward, and by desire of notoriety.2. the learned judges do not say that it is an inflexible rule that in every case of a child witness, the evidence should be disregarded. it is specifically stated by them that it depends upon the facts of each case .....

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Apr 03 1956 (HC)

Vetcha Sreeramamurthy Vs. the Income-tax Officer Vizianagaram, and Ano ...

Court : Andhra Pradesh

Decided on : Apr-03-1956

Reported in : [1956]30ITR252(AP)

subba rao, c.j. - this is an appeal against the order of ramaswami, j., dismissing the petition filed by the appellant under article 226 of the constitution of india for quashing (i) the order of the income-tax officer, vizianagaram, declaring the appellant a defaulter, and (ii) the sale notice dated 24th march, 1954, issued in pursuance thereof by the 2nd respondent, the special deputy tahsildar, vijayawada, attaching and bringing to sale the properties mentioned in the said sale notice for realising the tax assessed on the appellant.the appellant carried on business in niger seeds, ground-nut, ground-nut kernel and jute on his own account and for commission at vizianagaram. he had also income from other property. he was assessed to income-tax for three years. for the year 1947-48, he was assessed on 14th march, 1952, to a tax of rs. 1,41,039-ii-0 payable on or before 28th march, 1952. on 22nd january, 1953, the income-tax officer forwarded to the collector a certificate specifying the amount of arrears due from assessee. for the assessment year 1951-52, he was assessed on 29th february, 1952, to a tax of rs. 40,230-7-0 payable on or before 25th march, 1952. the relevant certificate was issued on 22nd june, 1953. for the assessment year 1945-46, he was assessed on 7th december, 1950, to a tax of rs. 20,113-13-0 payable on or before 31st january, 1951. the relevant certificate was issued on 9th may, 1951. the appellant preferred appeals in regard to the first two assessments .....

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Aug 29 1956 (HC)

Manepragada Ramchandra Rao Vs. the Revenue Divisional Officer and anr.

Court : Andhra Pradesh

Decided on : Aug-29-1956

Reported in : 1957CriLJ822

subba rao, c.j.1. this is an application under article 220 of the constitution of india for issuing a writ of certiorari quashing the order of the revenue divisional officer, kovvur, dated 20th october 1954, and to direct the revenue divisional officer, kovvur, west godavari district and the government of andhra to reinstate the petitioner as karnam of darawaram village, kovvur.2. the petitioner was appointed as karnam of the village darawaram in 1935. he was committed to the sessions court, west godavari, on the charge of having murdered one doddu subbanna in august 1949. the sessions judge acquitted him on 7th december 1949. but the high court, by their judgment, dated 28th august 1950, criminal appeal no. 265 of 1950, set aside, the acquittal and convicted him for murder and sentenced him to transportation for life. thereafter, he was undergoing the sentence of imprisonment in the central jail, rajahmundry, from 29th august 1930 to 12th january 1954, when as a result of the alleged general amnesty granted by the andhra government, he was released from prison.on 17th june 1951, on the basis of the conviction, the revenue divisional officer, in his proceedings d. dis. no. 4008/51 alter following the prescribed procedure dismissed him from service. after he was released from jail, the petitioner put in an application requesting the revenue divisional officer to restore him to the office. the revenue divisional officer, by his order dated 20th october 1954, refused to restore .....

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Apr 11 1956 (HC)

Putchalapalli Venkata Subbareddi Vs. Duvvuru Papireddi and anr.

Court : Andhra Pradesh

Decided on : Apr-11-1956

Reported in : 1957CriLJ923

orderumamaheswaram, j.1. these are applications filed under section 5 of the limitation act for excusing the delay in filing applications for special leave under section 417(3) of the code of criminal procedure as amended by act xxvi of 1955, and they raise an important and interesting question of law. the period of limitation for preferring an appeal under section 417(1), criminal procedure code, is fixed under article 157 of the limitation act. to such appeals it is not disputed that section 5 of the limitation act applies. even in regard to other criminal appeals provided under articles 150, 150-a, 154 and 155 the provisions of section 5 of the limitation act, apply. the decision of the madras high court in janakiramayya v. brahmayya 48 mad lj 457 : air 1925 mad 709(a) and of the punjab high court in the state v. dittu ram 0065/1955 , clearly hold that section 5 applies to all criminal appeals.2. the main question that arises for decision in these petitions is, whether the terms of section 417(1), criminal procedure code, preclude the application of the provisions of section 5 of the limitation act. sub-section (4) of section 417, criminal procedure code, is in the following terms:no application under sub-section (3) for the grant of special leave to appeal from an order of acquittal shall be entertained by the high court after the expiry of sixty days from the date of that order of is contended by sri ramalinga reddi and sri kondayya appearing for the .....

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Dec 28 1956 (HC)

State of Andhra (Now Andhra Pradesh) Vs. Bellamkonda Venkata Subbaiah ...

Court : Andhra Pradesh

Decided on : Dec-28-1956

Reported in : [1957]8STC309(AP)

srinivasa chari, j. 1. this judgment will govern t.r.c. nos. 32 and 33 of 1956. the respondent in tax revision case no. 32 of 1956 was charged for wilful submission of untrue returns and for not keeping a true and correct account as required by section 13 of the madras general sales tax act. the prescribed authority purporting to act under section 16(b) of the act proposed a sum of rs. 940 for the composition of the offence and this was confirmed by the commercial tax officer on appeal. the dealer appealed to the tribunal urging that the composition amount was excessive.2. in t.r.c. no. 33 of 56 the offence was for failing to include particular items in the turnover and suppressing in the turnover of rs. 10, 000. in the appeal preferred by the dealer against the order of the prescribed authority fixing the amount of composition, the tribunal reduced the amount to rs. 500.3. a preliminary objection in both these appeals was raised on behalf of the state that no appeal lay. this objection was overruled by the tribunal and hence these revision petitions before us.4. the learned government pleader confined his arguments to the sole question about the entertainment of the appeal against an order under section 16 of the act and urged that a composition as envisaged in section 16 of the act from the nature of it was a bilateral act under which an offer is made by the dealer and the same is accepted by the prescribed authority. he submitted that there could not be an appeal against .....

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Feb 24 1956 (HC)

Nizam Sugar Factory Limited Vs. Commissioner of Sales Tax

Court : Andhra Pradesh

Decided on : Feb-24-1956

Reported in : [1957]8STC61(AP)

p. jaganmohan reddy, j.1. this is a petition under articles 226 and 227 of the constitution directed against the order of the commissioner of sales tax dated 15th may, 1954, whereby the petitioner was assessed for the years 1950-51, 1951-52, 1952-53 and 1953-54 to sale tax on (a) gunny bags containing sugar, (b) gunny bags containing grain, and (c) stream sold to the government alcohol factory at bodhan. the petitioner is a limited company manufacturing sugar at shakkarnagar (bodhan) and during the course of its business of manufacturing sugar and molasses, it sells the former commodity in gunny bags with an inclusive price fixed from time to time. it is further alleged in the petition that the factory supplied steam in the assessment years through pipes to the government alcohol factory at bodhan collecting only manufacturing charges without making any profit on this service.2. the sales tax officer by his order dated 2nd november, 1953, assessed the petitioner for 1952-53 and 1953-54 on 2963 gunny bags of the grain shop at rs. 1-4-0 per bag and on 92, 095 gunny bags containing sugar at rs. 1-10-6 per bag making a total of rs. 1, 86, 146-3-6 for the period 1st april, 1952, to 31st july, 1952, when sugar was exempt from sales tax. for the period 1st august, 1952, to 31st of march, 1953, sales tax was leviable on sugar also and therefore the only items taxed which are disputed are steam and empty gunny bags of the grain shop, grain being exempt during that period. it may be .....

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