Court : Andhra Pradesh
Decided on : Dec-15-2014
..... the plaintiff explained regarding the earlier alienation though no oral evidence contrary to the documentary evidence, but for to explain is admissible under sections 91 and 92 of indian evidence act, for the plaintiff to claim contra to ex.b-1 sale deed, when that aspect is pre-mature to decide, for temporary injunction but for to say ..... at paras 7 and 8, it was an observation that said padma reddy filed an affidavit stating that the sale deed in favour of mutyala sridevi was not acted upon and re-delivered possession and pursuant to which he executed in favour of the plaintiff the ex.a-2 sale deed. even the respondents could not file any ..... further by filing their title deeds and correlate if relate to present suit schedule if also part of that property and further any revenue record in their favour for acts of possession for the same to say what plaintiff relied cannot be given credence. importantly and for reasons better known to the respondents in the temporary injunction application, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-21-2014
..... 227 of the constitution. (2) interlocutory orders.passed by the courts subordinate to the high court, against which remedy of revision has been excluded by the cpc amendment act no.46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court. (3) certiorari, ..... v. union of india , this power of superintendence cannot be curtailed by any statute and even approachment by a constitutional amendment is doubtful. 29) thus, section 115 c.p.c amendment by 1999 amended act does not and cannot cut down the ambit of the high courts power under article 227 of the constitution of india and ..... is clearly the constitutional position and no rule of any high court can amend or alter this clear constitutional scheme. the high courts power of superintendence under article 227 of the constitution of india has its origin as early as in indian courts act, 1861 and the concept of superintendence has been borrowed from english law and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-03-2014
..... the meaning of victim defined in section 2 (wa) read with the proviso to section 372 cr.p.c amended by the amended act 5/ 2009 which came into force 31.12.2009. needless to say the scope of 372 cr.p.c of ..... 401 cr.p.c when there is appeal remedy either under section 378 (2) or (4) cr.p.c or under section 372 amended cr.p.c and irrespective of the fact that within the scope of revision under section 401 (1) cr.p.c the high court ..... to say if the high court even by exercising the powers of appellate court in deciding the revision under section 401 read with 397 ipc; if it comes to conclusion that the acquittal judgment either of the trial court or lower appellate court as the case may be ..... bombay high court in r.b.upadhyay v. state commission for consumer disputes, mumbai in referring to section 21 of the consumer protection act on the jurisdiction of the national commission against dismissal of the consumer disputes redressal, district forum order confirmed by state commission order in saying .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-03-2014
..... the principles of good governance in a democratic society is that smaller interest mush always give way to larger public interest in case of conflict. the amendment resulting in curtailing of the period appointed for inviting objections though restricted the period, by shortening it to the extent necessary in the then circumstances, it ..... under: "....... the legislature has though fit to empower the commissioner to cancel a notification issued by him under sec.3 (1) of the gram panchayats act in the several circumstances enumerated in r.12 of the declaration of village rules. when a gram panchayat is sought to be included within an adjoining municipality ..... to the siddipet town. learned counsel also contended that there was total non-application of mind and mechanical determination of issue violating spirit of panchayat raj act and the constitutional mandate. he further contends that the objections filed by the petitioners were not even considered and no reasons are assigned. the objections .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-06-2014
..... is a clear admission within the purview of o. xii rule 6 cpc that cannot be ignored being relevant and admissible under section 17 of the indian evidence act in its substantiating the suit claim of plaintiff and belying the contest of the defendants. she denied the suggestion of all their lands were sold by ..... altered without there proceedings being issued by the competent authority for the correction. it was also held that subsequent to the kasrapahani prepared, any revenue record amended without amending kasrapahani cannot be to the advantage of the person. it was also observed that correction of kasrapahani of the year 1954-55 without there being order ..... and banda sudhakar reddy, wife and sons of late banda chinna sathyanarayana reddy respectively), for the reliefs originally sought for permanent injunction later, after written statement, amended for recovery of possession of the plaint schedule property viz., 1820 sq. yards house site in sy.no.834/aa in panchyat ward no.1 of garidepali .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-14-2014
..... for restitution of conjugal rights. sub-section (1-a) was introduced in section 13 by section 2 of the hindu marriage (amendment) act, 1964 (44 of 1964). section 13 as it stood before the 1964 amendment permitted only the spouse who had obtained the decree for restitution of conjugal rights to apply for relief by way of divorce; ..... religion and that she did not obtain permission of her husband for the same to convert her religion from hinduism to christianity. though, the husband has not amended his plea subsequent to the cross-examination of his wife, having got elicited the answers as to her conversion from hinduism to christianity, still, when viewed that ..... marked as a document in this case, and then resorted to confronting it, if any such admission did really occur as required under section 145 of the indian evidence act. therefore, certainly, it cannot be ruled out that the husband getting mentally disturbed that too when that allegation was repeatedly taken as a plea in the earlier .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-06-2014
..... fact of dishonour of such cheque unless such fact is disproved by the accused. 10-(d). further the provision for issuing notice within fifteen days (amended as thirty days by the amended act 55 of 2002, w.e.f., 06.02.2003) under section 138 after dishonour is to afford an opportunity to the drawer of the cheque ..... drawn. sections 138 to 142 are incorporated in the n.i. act,1881 as chapter xvii by the banking public financial institutions and negotiable instruments laws (amendment) act,1981 (66 of 1988) which came into force w.e.f., 01.04.1989 and the n.i. act was further amended by act, 2002 (55 of 2002) which came into force w.e ..... being that of the ".prudent man".. 11-c. there are presumptions (besides the general presumptions under the indian evidence act) specially provided in respect of a negotiable instrument under clauses (a) to (g) of section 118 of the act and, for the dishonour of cheque relating to criminal liability under section 139 and apparently a legal fiction though .....
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