Court : Andhra Pradesh
Decided on : Jul-25-2003
Reported in : 2003(5)ALD361; 2003(6)ALT499
..... observed thus; it is next pointed out on behalf of the appellant that while regulation 15 requires the council, when it proceeds to act under section 21(4), to furnish to the member a copy of the report of the disciplinary committee, no such requirement is incorporated in regulation 14 ..... granting or withdrawing of temporary/permanent recognition/affiliation for all educational institutions imparting intermediate education as per clause (ii) of sub-section (1) of section 9 of the andhra pradesh intermediate education act, 1971 (act no. 1 of 1971). (b) for all other institutions mentioned at (b) to (f) in sub-rule ( ..... granting or withdrawing temporary/ permanent recognition/affiliation for all educational institutions imparting intermediate education as per clause (ii) of sub-section (1) of section 9 of the intermediate education act, rule 11 of higher education rules empowers the competent authority to withdraw permission/ recognition/affiliation granted to private educational institutions. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-21-2003
Reported in : 2003(4)ALD123
..... performance to the purchaser.'34. the division bench of this court in sardar amarjeet singh v. nandu bai, : 1998(5)ald697 (db), while dealing with section 16 of specific relief act observed thus:'it is true that in ex.a1, there is no specific provision which calls upon the vendee to tender the balance amount and call upon ..... has clearly admitted by defendant no. 1 in ex.a1 and a2 that ex.a1 is relates to suit property and therefore, the principle of estoppels under section 115 of evidence act operates against the defendant no. 1 and defendant no. 2 to contend that ranga rao sold only his 1/2 share and not other shares. he refers ..... willing to perform his part of the contract.'32. the supreme court in lourdu mari david v. louis chinnaya arogiaswamy, : air1996sc2814 , observed thus:'under section 20 of the specific relief act, the decree for specific performance is in the discretion of the court but the discretion should not be refused arbitrarily. the discretion should be exercised on sound .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-24-2003
Reported in : 2003(2)ALD(Cri)742; 2004CriLJ427
..... services committee.3. the point that arises for consideration is whether the prosecution has established the guilt of the accused beyond all reasonable doubt for the offence under section 304, part-i, ipc.4. in order to establish the original charge of murder, the prosecution has placed the ocular evidence, dying declaration and medical evidence ..... is founded on the principle of necessity. a dying declaration, if found reliable, can form the basis of conviction. a court of facts is not excluded from acting upon an uncorroborated dying declaration for finding conviction. a dying declaration, as a piece of evidence, stands on the same footing as any other piece of evidence ..... conviction. on the other hand, if every individual dying declaration consisting in a plurality is found to be infirm, the court would not be persuaded to act thereon merely because the dying declarations are more than one and apparently consistent.29. a dying declaration not being a deposition in court, neither made on oath .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-20-2003
Reported in : 2003(2)ALD538
..... held a post not below the rank of additional registrar of co-operative societies'. likewise, section 76 of the act deals with appeal and section 77 of the act deals with revision. section 121 of the act deals with bar of jurisdiction of court. likewise, section 126 of the act deals with notice necessary in suits. no doubt, these provisions were referred just to convince ..... 99 before the a.p. co-operative tribunal under section 76 of the act and the tribunal dismissed the same by orders dated 19-9-2001. while dismissing the said appeal, the liability was fixed as against the other defendants also including ..... tune of rs. 1,07,880/-. it was also stated that while making the said order, no show-cause notice as contemplated under section 60(1) of the act was issued to the petitioner under section 51 of the act. it is further staled that an appeal was fifed by sri ekambar rao, the 4th defendant, vide o.a. no. 221/ .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-17-2003
Reported in : 2003(2)ALD(Cri)935
..... to murder within the meaning of section 300 ipc. section 299 ipc reads that whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with ..... counsel for appellants contended that the lower court gave a finding that the appellants had no intention to kill the deceased and the act of appellants definitely falls either under category-ii, iii or iv of section 300 ipc and the finding of the trial court that causing of injuries to the deceased by accused 1 to 7 would amount ..... the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.14. in view of section 300 ipc, except in the cases covered by the five exceptions mentioned therein, culpable homicide is murder. it is well known that .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-26-2003
Reported in : 2004(3)ALD134; 2004(3)ALT214
..... this court is also indicating that the provisions referred to above are meant to meet the contingency of reduction of the holding of the declarant by virtue of section 4-a of the act.'10. this court, therefore, comes to a conclusion that the collector is the competent authority to pass appropriate orders on receipt of a report from the revenue ..... order, it is valid under law, therefore, the impugned order needs no interference.9. this is a case which was reconsidered by the land reforms tribunal, under section 4a of the act. the surplus land of the declarant was adjusted in the unit of his major son which had fallen short of one standard holding. it is revealing from the record ..... to him by the government in respect of that land, and where such land was allotted or transferred to any person in accordance with the provisions of section 14 of the principal act prior to the date, it shall be lawful for the district collector to resume the land from the person to whom the land is so allotted or .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-06-2003
Reported in : 2003(2)ALT331
..... also to be noted that, if the document is undisputedly either not registered or duly or insufficiently stamped, the disqualifications under section 35 of the indian stamp act and section 17 of the registration act would automatically come into play and the court has the duty to proceed in accordance with law.8. in the instant case ..... to objection', clearly indicates that when the objection was raised it was not judicially determined and the document was merely tentatively marked and in such a situation section 36 would not be attracted.'13. the procedure suggested and approved by the supreme court is obviously to preempt the suit proceedings go unnecessarily multiplied and proliferated. ..... dispute with regard to the nature of the document and if it is found that the document suffers from any disqualification either under the registration act or indian stamp act, automatically the law would take its own course.14. it is also brought to the notice of the court the decision of the learned .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-07-2003
Reported in : 2004(1)ALD(Cri)822; 2004CriLJ760; I(2004)DMC447
..... so as to bring it within the purview of the 'death occurring otherwise than in normal circumstances'. the expression 'soon before' is very relevant where section 113-b of the evidence act and section 304-b, ipc are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that ..... v. state of tamil nadu. 2003 air scw 4387 : (2003 cri lj 4321) has held in paragraph 5 as below :'a conjoint reading of section 113-b of the evidence act and section 304-b, ipc shows that there must be material to show that soon before her death the victim was subjected to cruelty or harassment. prosecution has to ..... of proximity test. no definite period has been indicated and the expression 'soon before' is not defined. a reference to expression 'soon before' used in section 114, illustration (a) of the evidence act is relevant. it lays down that a court may presume that a man who is in the possession of goods soon after the theft, is either .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-22-2003
Reported in : 2003(6)ALT758
..... have to be decided on the basis of the evidence adduced in the suit.5. irrespective of the question whether the suit is filed invoking section 53-a of the act, or section 38 of the specific relief act, if a plaintiff in a suit for a perpetual injunction fails to establish his possession over the property covered by the suit, question of granting ..... . the two decisions relied upon by the learned counsel for the appellants have no application to the facts of this case. the ratio in those decisions is that section 53-a of the act can be used only as a shield but not as a sword. such shield can be used either as a plaintiff or as a defendant. so i find ..... consideration payable under ex.a-1 and that he was put in possession of the suit land and hence is entitled to the protection under section 53-a of the transfer of property act (for short 'the act') and decreed the suit. appeal preferred by suryanarayana, appellants 1 and 2 and other defendants in a.s.33 of 1988 to the court of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-27-2003
Reported in : 2004(1)ALD(Cri)232; 2004(1)ALT465
..... of standing counsel-cum-special public prosecutor is made under sub-section (8) of section 9 (sic. 24) the law does not require the district magistrate to send the panel of advocate to be considered by the government. therefore in ..... . further the submission that a panel ought to have been sent is misconceived. when an appointment is made for the office of public prosecutor, sub-section (4) of section 24 of the code of criminal procedure, 1973 requires a district magistrate to prepare a panel in consultation with the sessions judge. further when an appointment ..... not recommending the name of the petitioner or not sending the name of the petitioner the respondents have not committed any illegality. the respondents have acted within their .....
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