Court : Andhra Pradesh
Decided on : Aug-14-2003
Reported in : 2003(2)ALD(Cri)545; 2004CriLJ242
..... sufficient corroboration in material particulars. normally, the court looks with some amount of suspicion on the evidence of accomplice witness which is tainted witness and even section 133 of evidence act provides the evidence of accomplice witness should not be accepted unless it is corroborated. corroboration must, however, be in respect to material particulars and not ..... o. ward no. vii after the retirement of a-1 on 31-12-1989. a-1 was dealing with salary cases and direct refunds under section 237 of income-tax act. he deposed that whenever any application was made for refund in form no. 30, they will put the date stamp on the return of income annexed ..... state of madras air 1966 sc 1473 : (1966 cri lj 949), the supreme court while dealing with the scope of section 337 cr. p. c. and section 114, illus. (b) and 133 of the evidence act held that 'ordinarily the court seeks for corroboration of evidence of approver before convicting the accused person on that evidence. generally speaking .....
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 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-14-2003
Reported in : 2003(2)ALD(Cri)956; II(2004)BC269
..... in criminal cases and shifts the onus on to the accused.' 6. from the above decision of the apex court it is clear that the presumptions under sections 118 and 139 of the act that the accused issued the cheque and the negotiable instrument for consideration and in the discharge of a legally recoverable debt can be drawn. it is on ..... a rule of presumption to the effect that until the contrary is proved the holder of the cheque received the cheque of the nature referred to in section 138 of the act for the discharge in whole or in part of any debt or liability. the relevant portion of the judgment of the apex court in hiten p. dalal v. ..... this appeal, aggrieved by the judgment, dated 10.11.1999, of acquittal of 1st respondent-accused.2. the appellant filed a private complaint under sections 138, 141 and 142 of the negotiable instruments act (for short, 'the act') alleging that he got acquaintance with the accused through mr. satish kumar. the accused approached him for a loan of rs. 1,00,000 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-14-2003
Reported in : I(2004)DMC291
..... 7 who had come to examine the deceased on hearing the alarm. the accused has also not seen any contrivance at the place of incident and in her statement under section 313, criminal procedure code, she has not disclosed any fact, which was within her special knowledge, in support of a case by self-strangulation.'11. the evidence of p. ..... force around the neck. he issued ex. p11 post-mortem certificate. on completion of the investigation, police filed a charge sheet. when the accused denied the charge under section 302, ipc, the prosecution examined 14 witnesses and exhibited 14 documents and marked four material objects. the trial court after assessing the evidence on record came to the ..... case no. 390/1997 on the file of the ii additional district and sessions judge, r.r. district, is the appellant. the learned sessions judge convicted him under section 302, ipc and sentenced him to suffer imprisonment for life and to pay a fine of rs. 500/- and in default of payment of fine to suffer simple .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-14-2003
Reported in : 2003(2)ALD(Cri)644; 2004CriLJ860
..... convicted the appellant-accused nos. 2, 3 and 4 for the offences under section 302 read with section 34 of the indian penal code; sec. 307 read with section 34, i.p.c. and section 323 read with section 34, i.p.c. and sentenced each of them to undergo of imprisonment ..... on the heads of p.ws. 1 and 2. so also specific overt acts are also attributed against a. 3 for causing injuries to p.w. 2 and against a. 2 for causing injuries to p.w. 1 ..... disengage the grains of real from the chaff of deception and lies, then the court must undertake that exercise for doing justice. the overt acts were specifically atributed to a. 2 to a. 4 in causing injuries on the neck and head of the deceased with sticks and also ..... the lower court rightly acquitted him. a. 5 was not armed with any weapon and p.w. 2 did not state any specific overt acts against a. 5 whereas p.w. 1 stated that a. 5 instigated the other accused to beat her and the deceased. but that is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-14-2003
Reported in : 2003(6)ALD856
..... appeal or during the course of hearing of the first appeal or in the grounds of second appeals, and obviously taking into consideration the proviso to section 10(1) of the act which enables a civil court passing a decree of eviction, when there is dispute relating to title had dismissed the second appeal, the executing court ..... approach the competent court of civil jurisdiction to get the title established. the learned rent controller, obviously, relied upon the proviso to section 10(1) of the a.p. buildings (lease, rent and eviction) control act, 1960, which provides that where the tenant, denied the title of the landlord or claims right of permanent tenancy, the controller ..... premises or his setting up a permanent tenancy, is bonafide, in view of the second proviso to section 10 of t.n. buildings (lease and rent control) act, which is in pari materia with the proviso to section 10 of the act. in this case when jala rama murthy, the predecessor in title of the revision petitioner, filed rcc .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-14-2003
Reported in : 2003(5)ALT578
R. Subhash Reddy, J.1. The petitioner, who is working as Senior Accountant in the Girijan Co-operative Corporation Limited, Tirupathi, has filed this Writ Petition questioning the order passed by the Divisional Manager in Rc.No. 161/2003-B, dated 31-7-2003, transferring him from Tirupthi and allotting him on deputation to Girijan Primary Cooperative Marketing Society, Nellore.2. It is the case of the petitioner that there are separate set of service rules for the employees working in Girijan Co-operative Corporation Limited, Visakhapatnam and that as per Rule 14, the Appointing Authority or an authority superior to him or an Officer Authorised by Appointing Authority is competent to transfer an employee from Girijan Co-operative Corporation to Girijan Co-operative Marketing Society. As such, it is contended that the Divisional Manager is not competent authority to pass the impugned order.3. On request of the learned Standing Counsel for the respondent-Corporation, the matter is adjourn...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-14-2003
Reported in : 2003(5)ALD150; 2003(5)ALT143
..... with his report thereon to the board within thirty days after it has been received by him.'58. that apart, a bare reading of whole of section 181 of the act, which deals with the power of board to sanction or refuse to sanction the erection or re-erection, as the case may be, of the building ..... to be referred to defencevestate officer and the board has no right to accord permission without reference of the application to the defence estate officer. section 181(3) of the act reads as follows:'the board, before sanctioning the erection or re-erection of a building on land which is under the management of the defence ..... circle, secunderabad. the defence estate officer expressed his definite objection against the building application submitted by the writ petitioner.57. that as per section 181(3) of the cantonments act, 1924 (for short 'the act'), once the property in which a construction permission is sought, for is recorded as government property in the general land register, the building .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-13-2003
Reported in : 2003(5)ALD827; [2004]120CompCas108(AP); [2004]50SCL405(AP)
..... on the other hand, is a foreign company which comes within the definition of 'body corporate' as can be seen from section 2(7) of the act and under sub-section (4) of section 394 of the act the transferor company can be a body corporate, there can be a valid scheme of arrangement for amalgamation in between them. therefore, ..... . the scheme is subject to the approval of the appropriate authorities.6. the transferee company filed c.a. no. 304/2003 on 28.3.2003 under section 391 of the act. notices have been directed to be issued to all the shareholders of the company and publication in the newspaper, namely, 'business line' has been ordered. ..... joined the transferee company in this petition seeking the necessary sanction from this court. it is appropriate, therefore, here to consider section 394 of the act, the provision germane in the context. the said section provides for sanctioning of the scheme when such a scheme has been proposed for the reconstruction of the company or companies or .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-13-2003
Reported in : 2003(2)ALD(Cri)637; 2004CriLJ52
..... 498 of 1998 of machavaram law and order police station, vijayawada. he is accused of having committed offence under section 302 read with section 34 of the indian penal code (ipc) and section 27 of the arms act. the 3rd respondent lodged a complaint stating that the petitioner murdered his brother by name p. ramakrishna.2. the ..... prosecutor as the ease may be. section 302 of the code emphasises the primacy accorded to the public prosecutor even in the matter of ..... the matter of withdrawal of prosecution, his opinion becomes important. under section 301 of the code, he is conferred the primacy in cases where private persons instruct their respective pleaders to prosecute any person, in the court. such pleaders are required to act only under the directions of the public prosecutor or the assistant public .....
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