Court : Andhra Pradesh
Decided on : Dec-26-2003
Reported in : 2004(1)ALD(Cri)578; II(2004)DMC91
..... the nature and circumstances of the transactions which resulted in the death in cases in which the cause of death comes into question are admissible under section 13(1) of the evidence act. a dying declaration may be oral or it may be reduced in writing by another person, but in either case, it must be duly ..... the cross-examination. therefore, the unnatural death of the deceased is established beyond all reasonable doubts.8. the first charge under which the appellant was convicted is under section- 498 i.p.c., which reads as follows:- 'husband or relative of husband of a woman subjecting her to cruelty:- whoever, being the husband or the ..... subjected the deceased to cruelty and unable to bear the said harassment she committed suicide and in these circumstances, it is tantamount to abetment within the meaning of section 107 of i.p.c. and after appreciating the evidence on record and considering the matter elaborately, the learned sessions judge rightly convicted and sentenced the appellant .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-26-2003
Reported in : 2004(1)ALD603; 2004(3)ALT125
..... as defined under rule 2(ii) means the vice-chancellor, ntr university of health sciences, andhra pradesh, vijayawada, whereas committee for admissions was defined in section 2(iii) which means the committee nominated by the competent authority to select and make allotment of candidates to professional institutions offering medical and dental courses in ..... in transplant manner by following merit and rule of reservation. the admissions made by the colleges are in contravention of section 5 of andhra pradesh educational institutions (regulation of admissions and prohibition of capitation fee) act, 1983. when rules contemplated for filling up of the vacant seats by way of subsequent counselling, which was ..... colleges who admitted the students in violation of rules, and for any excess fees than prescribed under the rules, if collected, under section 9 of the capitation fees act.39. the other writ petitions, namely w.p. nos. 22181, 22357, 23031, 23584, 22756 and 23774 are accordingly disposed of. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-26-2003
Reported in : I(2005)ACC69
..... district judges are not applying their mind to the principles evaluated by the series of decisions written by the superior courts, as well as the provisions of the motor vehicles act in awarding compensation. though they are expected to award compensation under several heads taking the gravity of the injuries sustained by the victim, the income and status of the individual ..... awarded compensation of rs. 75.000/- to the claimant without dividing the compensation under various heads, which is highly illegal and not in consonance with the provisions of motor vehicles act and also the ratio laid down by the superior courts while awarding the compensation. even though the value of the medical bills ex. a6 series produced by the claimant is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-24-2003
Reported in : 2004(3)ALT731
..... to the first plaintiff and accordingly theland was surveyed. the first plaintiff alsopaid cysts due to devasthanam andsubsequently to the government. he alsosubmitted a declaration under section vi ofcentral act 33 of 1976 and the specialofficer and competent authority, urbanland ceiling, visakhapatnam issuedproceedings in cc no. 4281 of 1976 dated17-11-1977.6. while that being ..... religious institutions, patta has to be granted to the institutions but not to the cultivator. peculiarly, he granted a patta to the defendants. under section 4 of the act, the distribution of the land in the ratio of 1:2 does not arise in respect of land owned by the institution and it applies in ..... is also binding on the first plaintiff as he participated in the proceedings and filed his objections. the present suit is barred by section 14 of the ap inams abolition act and the said order operates as res judicata and the plaintiffs are estopped from questioning the said order passed by the mandal revenue officer .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-24-2003
Reported in : 2004(3)ALD567; 2004(4)ALT69
..... , we find the observations runs contrary to the rules. such stray observations though not binding on the government, yet, with an intention to respect and regard those observations, acts upon the same and falls in the trap. and what has actually happened in this case. taking clue from the observations, the government appears to have issued g.o. ..... 4) of a.p. state and subordinate rules. it was a fatal observation and that it is brought to the notice of this court that government had solely acted on that said observation and issued g.o. ms. no. 611, dated 14.9.2001 which is again subject-matter of challenge in separate batch of cases presently ..... be disturbed by the government even by invoking rule 47. under (hose circumstances, we are of the considered view that the very observation of the tribunal which was acted upon by the government is wholly misplaced, inapt and unwarranted. it is also brought to our notice that the commissioner of prohibition and excise was finding difficulty to assess .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-24-2003
Reported in : 2004(1)ALD880; 2004(1)ALT591
..... in controversy in the suit and may be either preliminary or final. it shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include--(a) any adjudication from which an appeal lies as an appeal from an order, or(b) any order of dismissal for default.explanation ..... can be completely disposed of. it is final when such adjudication completely disposes of the suit. it may be partly preliminary and partly final;section 2(9) of c.p.c. defines judgment as in this act, unless there is anything repugnant in the subject or context-- 'judgment' means the statement given by the judge on the grounds of a ..... ), a decree shall be drawn up in accordance with the judgment and the decree shall bear the date on which the judgment was pronounced.'section 2(2) of c.p.c. defines decree as in this act unless there is anything repugnant in the subject or context 'decree' means the formal expression of an adjudication which, so far as regards .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-24-2003
Reported in : 2004(4)ALD66; 2004(3)ALT178
..... .9.1980 date of restoration of 1/3rd pension: 25.9.1995commuted amount under rule 37-a(1)(a)of the c.c.s. pension: rs. 201/-amount surrendered under section 37-a(1)(b): rs. 403/-basic pension, which the petitioner is entitled consequent on the applicabilityof the 4th pay commission: rs. 1,267/-basic pension is as follows :---------------------------------------------------------------------basic ..... retirement age varies in accordance with the colour service prescribed for the rank (attaining the age of 37/38 years or more).(iii) government have taken this decision as an act of goodwill to pensioners and to extend to them some measure of relief in the evening of their lives. it is sincerely believed that there will be no further demand .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-23-2003
Reported in : 2004(3)ALD858; 2004(4)ALT286
..... held that it was open in such circumstances to the plaintiff to repudiate the transaction altogether and claim a relief outside it in the form of restitution under section 65, contract act. although no such alternative claim was made in the plaint, the p.c. allowed it to be advanced and gave a decree on the ground that the ..... law in the light of the other judgments referred supra, wherein it was categorically held that inspite of the overriding effect given to the provisions of the act under section 4 of the act, customary laws still holds the filed.30. sri murthy sternously conended that late veerappa made arrangement in the year 1959 (i.e.,) after the hindu ..... 25. the judgment of this court received approval of the supreme court in jupudi venkata vijaya bhaskar v. jupudi kesava rao, : air2003sc3314 , by observing that:'section 17 of the act is not intended to cover cases of the present nature where a major person agrees not to set up any claim with regard to certain items belonging to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-23-2003
Reported in : 2004(4)ALD52; 2004(4)ALT765
..... facts and circumstances, the court of first instance thought it fit to grant the relief of mandatory injunction moulding the relief in the appropriate form. section 39 of the specific relief act, 1963 dealing with mandatory injunctions reads as hereunder:mandatory injunctions: when, to prevent the breach of an obligation, it is necessary to compel ..... ground of equity the plaintiff is entitled to the relief of mandatory injunction also. clear findings had been recorded that this relief is essential to undo certain acts, which were committed by the appellants subsequent to the granting of temporary injunction. it is needless to say that these are all findings based on facts, ..... . then the plaintiff reported the matter to the mandal revenue officer on 4-8-1989. the defendants are powerful people and the plaintiff cannot resist their acts.8. the 2nd defendant filed a written statement with the following allegations:the plan filed along with the plaint is incorrect. the plan filed by these .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-23-2003
Reported in : 2004(1)ALD509; 2004(2)ALT409
..... the learned advocate general and the learned standing counsel for the 1st respondent-union of india, the point that emerges for consideration is whether this court could act upon the request of the petitioner and issue a direction to the 1st respondent-union of india for invoking powers under article 356 of the constitution of ..... as required under article 356 of the constitution of india for imposition of president's rule. it is claimed that when these two authorities have failed to act, petitioner is compelled to approach this court seeking a direction to the 1st respondent-union of india to invoke jurisdiction under article 356 of the constitution ..... of this court under article 226 of the constitution of india seeks a writ of mandamus directing the union of india, the 1st respondent herein, to act and invoke powers under article 356 of the constitution of india and take appropriate steps under the constitutional provisions thereby discharge its constitutional duty in the circumstances .....
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