Court : Andhra Pradesh
Decided on : Aug-06-2007
Reported in : 2008CriLJ223
..... of the deceased, the entire prosecution case cannot be thrown out. the division bench further held that though under section 114, illustration (g) of the indian evidence act, the court can draw adverse inference against the party not producing a vital document, that cannot effect the entire prosecution case, if there is satisfactory oral evidence. ..... question is how far the dying declaration with regard to the appellant (a-1) can be accepted:14. illustration (g) under section 114 of the indian evidence act, 1872, reads as follows:114. court may presume existence of certain facts : the court may presume the existence of any fact which it things likely to have ..... the prosecution and on account of that adverse inference has to be drawn against the prosecution under section 114, illustration (g) of the indian evidence act, 1872 (for short 'the act').8. the contention of the learned public prosecutor is that though the material witnesses have turned hostile, as the dying declaration (ex. p-15) .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-15-2007
Reported in : 2007(3)ALD508; 2007(3)ALT388; [2007(114)FLR1053]
..... and the object lying behind these statutes may have to be taken into consideration. a couple of the relevant provisions of both the pensions' act, 1871 and payment of gratuity act, 1972 already had been referred to supra. it is no doubt true that while interpreting the provisions of the statutes and certain regulations in ..... is the actual scenario and at that juncture this litigation cropped up. on a careful analysis of the relevant provisions of the pensions' act, 1871 and also the payment of gratuity act, 1972 underlying the objects and principles governing the field in relation to the service benefits and also specific exemption which had been thought of ..... govern the field. the counsel would also submit that no distinction can be drawn between pension and gratuity payable by virtue of the pensions act, 1871 and the payment of gratuity act, 1972 and the rules framed thereunder. the principles applicable to the pension payable would be equally applicable to the gratuity payable and hence .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-03-2007
Reported in : 2007(5)ALT19
..... , his parents, brother and sister, for the offences punishable under sections 498-a and 406 read with section 34 i.p.c., and sections 4 and 6 of dowry prohibition act, 1961, and consequent thereto, ail of them wee arrested and were imprisoned for some time. hence, filing of the said criminal cases amounts to 'cruelty' on the part of wife ..... to be considered is regarding filing of criminal cases under sections 498-a and 406 read with section 34 i.p.c., and sections 4 and 6 of dowry prohibition act.17. in this regard, it is to be seen that the husband is a practising advocate and, admittedly, there was a meeting between the spouses on two occasions, virtually, on ..... of criminal cases actually made all the family members of the husband land in prison for a considerable time. hence, we are of the view that this act by itself can be treated as an act of 'cruelty' on the part of the wife.29. we cannot forget the fact that there was meeting between the husband and wife only for three .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-27-2007
Reported in : 2008(1)ALD(Cri)413; 2008(1)ALT(Cri)315
..... that leaves no doubt whatever, that the appellant administered poison to the deceased, and there existed a clear motive for him to resort to the same. the heinous and cruel act resorted to by the appellant has not only killed his wife, but also the baby, who was to take birth, in a matter of few days. but for the fact ..... -3 and opposes the appeal filed by the state against their acquittal. in this regard, he submits that though several witnesses were examined, none of them have pointed out any acts of demand of dowry, against a-2 and a-3. learned public prosecutor submits that the circumstantial evidence, together with the conduct of the appellant, leads to only one conclusion ..... a-3, the sister of a-1, were tried for offences under sections 302, 314, read with 114 and 498-a of ipc and under section 4 of dowry prohibition act. however, they were acquitted of the said offences. while the appellant (a-1) filed crl. a.no. 802 of 2005, assailing the conviction and sentence awarded to him, the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-17-2007
Reported in : 2008(1)ALD(Cri)574; 2008(1)ALT(Cri)225
..... the police against the petitioners-a.2 to a.6 and her husband-a.1 alleging offences under sections 307, 498a ipc and sections 3 and 4 of dowry prohibition act. proddutur i town police registered it as cr. no. 69 of 2007 and after due investigation, police filed a charge sheet against all the accused before the first additional judicial ..... the complainant must be deemed to have been continued even after she shifted to her parents house at proddatur, which she was forced to only to escape from the alleged acts of cruelty by the accused, she cannot be expected to file a complaint at an alien place nandyal and fight her legal battle against the accused, who are in fact .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-03-2007
Reported in : II(2008)DMC306
..... to all the accused and all of them demanded additional dowry, sounds very vague and omnibus. in the absence of any specific allegation attributing any specific overt acts against any of the petitioners a3 to a5 pertaining to the alleged demand for additional dowry and subjection of the complainant to harassment and ill-treatment, continuance ..... metropolitan magistrate, visakhapatnam and the learned magistrate has taken cognizance of the offences under sections 498a, 354, 342, ipc and sections 3 and 4 of dowry prohibition act against all the accused in prc no. 14 of 2007 and issued process against them. aggrieved by the same, the petitioners a3 to a5 who are sisters of ..... magistrate, visakhapatnam, seeking to quash the proceedings against them for the offences under sections 498a, 354, 342, ipc and sections 3 and 4 of dowry prohibition act.2. the first respondent herein gave a complaint to the police against the petitioner and 2 others a1 and a2 and the same was registered as cr. no .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-04-2007
Reported in : 2008CriLJ179
..... even after delivery when they informed the accused about the birth of the female child, the accused did not even come to see the child. specific overt acts of subjecting the complainant to physical and mental harassment have been attributed to the accused. however, a perusal of the complaint and also statement recorded under section 161 ..... cr. p.c. and the averments in the charge sheet would go to show that all the acts alleged against the petitioners, which go to constitute the alleged offences have taken place at chittoor. the marriage of 2nd respondent with a1 was performedat chittoor. the ..... the factual scenario in the above case, which was also a complaint filed alleging the offences under section 498-a, 406 ipc and section 4 of dowry prohibition act, the apex court held that 'the inevitable conclusion that no part of cause of action arose in chennai and, therefore, the concerned magistrate had no jurisdiction .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-18-2007
Reported in : 2007(3)ALD638
..... down can and does have an adverse effect on the standards of education in the institutes of higher education.11. in the context of the provisions contained in the 1987 act and the regulations framed under section 10 thereof, a three judges bench of the supreme court considered the same question in state of tamil nadu v. s.v. bratheep ..... conditions of eligibility different than those prescribed by aicte. he further argued that the state cannot legislate on the field occupied by the central legislation i.e., the 1987 act and the regulations framed thereunder and, therefore, rule 4(ii) of the rules is liable to be ignored while determining the petitioner's eligibility for admission to mba ..... rules is liable to be struck down because the eligibility criteria specified therein is per se contrary to the regulations framed by aicte under section 10 of the 1987 act. he referred to entry 66 of list i and entry 25 of list iii of the seventh schedule of the constitution and argued that 2007(3) fr-f .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-25-2007
Reported in : AIR2007AP330; 2007(6)ALD334; 2007(5)ALT347
..... we are also satisfied that there is no necessity of relegating the parties to the procedure, which is ordinarily followed under the provisions of the 1993 act to determine the genuineness or otherwise of the two caste certificates obtained by the appellant.34. learned counsel for the appellant strongly relied upon two division ..... state and such offices may be allotted their rotation to different municipalities in the state.21. in exercise of the power vested in it under the 1965 act, the government of andhra pradesh framed rules called andhra pradesh municipalities (reservation of offices of chairpersons in municipal councils and nagar panchayats) rules, 1995.22. ..... representing lalgudi assembly constituency. swamickan did not file any petition calling in question the election of venkatachalam under section 81 of the representation of the people act, 1951. a learned single judge of the high court of madras dismissed the writ petition holding that article 329(b) of the constitution was a .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-06-2007
Reported in : 2007(4)ALT743
..... is that of the ordinary competent medical practitioner exercising the ordinary degree of professional skill. a defendant charged with negligence can clear himself if he shows that he acted in accordance with general and approved practice. it is not required in discharge of his duty of care that he should use the highest degrees of skill, ..... fearing for the safety of the mother and child he carried out a caesarean section quickly and competently. the plaintiff was born with severe brain damage and, acting by his father, brought an action in negligence against the defendant alleging want of professional skill and care by pulling too hard and too long on the forceps ..... and the anesthetist have failed to exercise reasonable care. there has been breach of duty on the part of the anesthetist by reason of his failure, an act per se negligence in the circumstances, to administer respiratory resuscitation by oxygenating the patient with a mask or bag. he exposed the plaintiff to the room temperature .....
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