Court : Andhra Pradesh
Decided on : Nov-21-2003
Reported in : 2004(1)ALD(Cri)391; 2004CriLJ2162
..... but the guilty that is material. the time honoured principle is that evidence has to be weighed and not counted. on this principle stands are edifice of section 134 of the evidence act. the test is whether the evidence has a ring of truth, is cogent, credible and trustworthy, or otherwise.it is also observed at para 10 as ..... be ignored for want of legal proof and for not following the procedure under section 27 of indian evidence act. the only evidence available on record is the evidence of p.ws. 1 and 2. is it believable obviously, the accused are strangers. it is ..... the entire confession statements have been marked which is totally against the provisions of section 27 of indian evidence act. time and again this court has observed that the courts are not following the procedure mentioned under section 27 of the evidence act and totally ignoring the section. hence, the recovery is not established as per law. the material has to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-15-2003
Reported in : 2004(3)ALT247; II(2004)DMC275
..... of the principal senior civil judge, guntur, seeking dissolution of the marriage between the appellant and the 1st respondent on the ground specified under section 13(1)(i) and (ia) of the hindu marriage act, 1955.2. the brief facts of the case are that the marriage of the appellant and the 1st respondent was solemnized on 24- ..... he wants to ruin the appellant-wife by setting up a false plea of illegal intimacy and also to ruin the minor children, by alienating the joint family properties, acting detrimental to the interest of the children. the alleged two letters, that were found in the handwriting of the 2nd respondent addressed to her, were concocted, false, ..... an occasion to consider similar circumstances, and held that --'the mere fact of having been found in the company of another person is not sufficient to infer an act of adultery or sexual intercourse.'in the case of v. veera vara prasad v. vasireddy vasumathy (3 supra) another division bench of this court dismissed the appeal filed .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-21-2003
Reported in : 2003(1)ALD(Cri)803; 2003CriLJ2797
..... (sc) where it was held that serious prejudice has been caused to revision petitioner because of non-supply of the public analyst report as required under section 13(2) of the act. further, it was held that such an objection can be taken even at the stage of revision. the courts below have not considered the above ..... said notice. for the above said reasons, the prosecution failed to follow the mandatory provisions contemplated under section 13(2) of the act and on this ground also prejudice was caused to the accused and hence the trial is vitiated.8. the learned advocate appearing to the revision petitioner- ..... mentioned in the mediators report at the time of taking the sample. but the registered cover was returned unserved. the report was not served as required tinder section 13(2) of the act. mere service 'by registered post is not sufficient service. further, the cover was returned unserved. no steps were taken by the prosecution to serve the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-28-2003
Reported in : I(2005)BC73
..... the bounced cheque within 15 days from the date of the receipt of the notice. section 138 of negotiable instruments act does not cast a duty on the payee to represent the cheque for payment when the drawer in reply to the statutory notice instead of paying the ..... sufficient funds into his account by itself would not absolve the drawer of the dishonoured cheque from his liabilities under section 138 of negotiable instruments act. the main object and purpose for which notice under section 138 of negotiable instruments act to the drawer is to be given is to afford an opportunity to him to pay the amount covered by ..... bank. if the petitioner had sufficient money with him, there was no reason for his not sending the amount to the payee within the period specified in section 138 proviso (c) to the negotiable instruments act. in the above circumstances i find no grounds to interfere with the impugned order.hence, petition is dismissed. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-18-2003
Reported in : 2003(3)ALT429
..... the file of the senior civil judge, bhimavaram on 21-10-2002 praying for restitution of conjugal rights under section 9 of the act. section 21-a of the act deals with power to transfer petitions in certain cases and the said provision reads as here under:'21-a. power to transfer petitions in certain cases - (1 ..... be gone into at this stage. it is brought to my notice that h.m.o.p. no. 264 of 2002 was instituted by husband praying for divorce under section 13 of the act on the file of the additional senior civil judge, guntur on 3-9-2002 and subsequent thereto, the petitioner-wife instituted o.p. no. 87 of 2002 on ..... a view to create problem to the husband, the wife had chosen a forum at bhimavaram, which has no jurisdiction at all in view of section 19 of the hindu marriage act, 1955 (for short 'the act'). the learned counsel also had submitted that the family of the petitioner is a rich family and all the allegations are made only with a view .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-06-2003
Reported in : 2003(3)ALT437
..... given while arriving at a conclusion and in view of the limitations imposed by section 287 of the act, there is no question of law or usage having the force of law or construction of a document, and hence, the appeal is liable to be ..... and without recording proper reasons had disposed of the appeal, and hence, the said order cannot be sustained. the learned counsel had drawn my attention to sections 282 and 287 of the act.5. per contra, sri jayasurya, learned counsel for the respondents had submitted that though reasons in detail had not been recorded, certain reasons had been ..... the main appeal itself is taken up for hearing for final disposal.3. the present civil miscellaneous second appeal is filed under section 287 of hyderabad municipal corporations act, 1955 (hereinafter in short referred to as 'the act' for the purpose of convenience) against an order passed in m.a. no. 89 of 1997 on the file of chief .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-31-2003
Reported in : 2004(1)ALT66
..... his written statement that ex.a-1 was obtained by fraud, appellant cannot get over ex.a-1.10. since a deed of partition is not a compulsorily attestable document, section 68 of evidence act has no application to partition deeds. the lower appellate court, on the basis that the finding of the trial court that ex.a-1 is hit by ..... section 68 is erroneous, and on the basis that the appellant admitted execution of ex.a-1 in his cross-examination and that he took possession of the property that was .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-17-2003
Reported in : 2005(186)ELT401(AP)
..... in favour of the petitioner and such sale being a statutory sale under section 29 of the act, there is no justification on the part of the 1st respondent in not handing over the possession of the unit to the petitioner. likewise the 4th ..... conditions. it is stated that the unit was financed by respondents 1 to 3, and the 1st respondent being the lead institution, invoked the provisions of section 29 of the act and sold the assets of the unit to the petitioner. as rightly pointed out by the learned counsel for the petitioner, when once the sale is confirmed ..... not handing over the possession of the assets of m/s. dhakshin fabrics limited, pursuant to the statutory sale effected by the 1st respondent under section 29 of the state financial corporations act, 1956 as highly illegal, arbitrary, and unjust and consequently direct the respondents to deliver the possession of the assets of the said company to the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-03-2003
Reported in : 2003(2)ALD767; 2003(3)ALT185
..... the matter to the lok adalat need not be further gone into in the present matter. however, the fact remains that the reference was already made. sub-section (5) of section 20 of the act specifies that where no award is made by the lok adalat on the ground that no compromise or settlement could be arrived at between the parties, the ..... it is made clear that the present lok adalat shall consider the matter i.e.. op no.260/2000 at present on its file in the light of section 20(5) of the act and pass appropriate orders in this regard in accordance with law and subsequent thereto it is needless to say that the concerned presiding officer shall dispose of the ..... court for referring the case to the lok adalat for settlement and if such court is prima facie satisfied that there are chances of such settlement...' further, section 20(1)(ii) of the act specifies '...the court is satisfied that the matter is an appropriate one to be taken cognizance of by the lok adalat, the court shall refer the case .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-14-2003
Reported in : 2003(5)ALD712; 2003(6)ALT213; (2004)ILLJ9AP
..... ) whether the concept of automatic absorption of contract labour in the establishment of the principal employer on issuance of the abolition notification is implied in section 10 of the act and (2) whether on a contractor engaging contract labour in connection with the work entrusted to him by principal employer the relationship of master and ..... master-and-servant between the principal employer and the contract labour nor can such relationship be employed from the provisions of the act on issuing notification under section 10(1) of the act, a fortiori muchless can such a relationship be found to exist from the rules and the forms made thereunder. the supreme ..... regular workmen. while disposing of the case, the high court ordered that the aggrieved petitioners who made an application to the state government under section 10 of the act seeking relief within the ambit of the said statutory provision that the state government shall entertain the said representation and consider the same with .....
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