Court : Andhra Pradesh
Reported in : 2006(5)ALD322; 2006(5)ALT762
..... in birendra kumar v. hemalata biswas air 1921 cal. 459, it was held that in a suit by the husband to declare the marriage void under the indian divorce act on the ground of impotency and also another ground of consent obtaining by fraud it was also alleged that the wife was suffering from incurable syphilis. after ..... v. d. sivakumari air 1999 mad. 232, while dealing with a case of restitution of conjugal rights under section 9 of the hindu marriage act and rejection of an application for medical examination of wife prayed for by the husband for finding out whether she remained virgin or not, it was held that the rejection of application was ..... , the special bench of the orissa high court held that when there are accusations and counter accusations of impotency, some corroborative evidence would be essential and in such cases, medical evidence would be valuable. in goutam kundu v. state of west bengal : 1993crilj3233 , the apex court, while dealing with a case of legitimacy of a third born .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(2)ALD502; 1998(2)ALT(Cri)306
..... the evidence of pws.l to 3, the prosecution is able to establish that the accused is guilty of the offence punishable under section 307 of ipc. though there is no supporting medical evidence with regard to the injuries sustained by pw2, in the cross-examination of pws. 1 to 3, nothing has been elicited to discredit their ..... case of the prosecution could be rejected. alternatively, learned senior counsel contended that the accused being totally unaware of the consequences that would follow on account of his act, has hacked the deceased with the axe without any intention to cause death and therefore, the offencecommitted by the accused could at best be treated as one falling ..... that at the time of commission of the offences, the accused was insane. in a fit of insanity, he hacked the deceased without realising the consequences of his act. it is stated that neither the deceased was related to the accused nor he knew her and therefore, it can be safely inferred that the accused while in an .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD(Cri)210; 2005CriLJ1838
..... the second respondent, the learned magistrate, after recording the sworn statement of the authorized representative of the second respondent, took cognizance of the case under section 420, ipc only against the petitioners and others as c.c. no. 1089 of 2002. this petition is filed to quash the proceedings in that c.c. against ..... . obviously keeping in view the said fact recent enactment like narcotic drugs and psychotropic substances act, 1985 and information technology act, 2000 prescribe fine in lakhs of rupees for the offences committed under those enactments. but the fine prescribed in ipc way back in 1860, which at the time could be a deterrent, remained unchanged even ..... till now i.e. more than 140 years after ipc was enacted. in the present day situation .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(1)ALD561; 2001(1)ALD(Cri)312; 2001(1)ALT(Cri)205; 2001CriLJ1489
..... has the power to constitute a full bench for deciding any point or case.(ii) even after introduction of section 138 of the negotiable instruments act, prosecution under section 420 ipc is maintainable in case of dishonour of cheques or post-dated cheques issued towards payment of price of the goods purchased or hand loan taken, ..... not correctly decided and they stand overruled.27. in the result, we hold that (i) even-after introduction of section 138 of the negotiable instruments act, prosecution under section 420 ipc is maintainable in case of dishonour of cheques or post-dated cheques issued towards payment of price of the goods purchased or hand loan taken, or in ..... case of its dishonour and non-payment after notice of dishonour, it would be an offence not only under section 138 of the negotiable instruments act but under section 420 ipc also. complainant need not establish the intention to cheat on the part of the drawer for getting the drawer of the cheque convicted under section 138 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(4)ALD150; 1996(4)ALT535; 1996(2)APLJ66; 1996CriLJ4243
..... dated 6-3-1995, on the file of nallakunta police station, which is allegedly registered under sections 3 and 4 of immoral traffic (prevention) act, 1956, against her. it appears the bar council of the state issued notice to the petitioner alleging professional misconduct as well as to shri e. v. bhagiratha rao, the then public prosecutor and ..... 35 of 1995 of chikkadapally police station as respects involvement of the petitioner along with others in the offences punishable under sections 468, 471 and 420 of the indian penal code are supported by the evidence and accordingly in respect of the said offences, he has submitted the report for action against the petitioner and other named ..... shri jayaprakash rao) had personally seen her involving in sexual acts with one of his best friends'. the letter addressed to the chief justice of india has posed, if he (the inspector of police) had really done his duty - (1) why he had not sent her/for medical examination; (2) why did he not produce her before .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(4)ALD67; 2002(4)ALT124
..... applications for holding a competitive examination for filling up of vacancies of scientists of ars (agricultural research services) and for other posts under indian council of agricultural research (icar), the respondent applied for the same. she appeared for the written test consisting of general knowledge, professional subjects i ..... [1998]3scr327 , the supreme court following its earlier decisions in state of tamilnadu v. st. joseph teachers' training institute and a.p. christians medical educational society v. government of andhra pradesh, set aside the directions issued by the kerala high court wherein students studying in institutions not affiliated to the ..... on the central administrative tribunal. hence, in our considered opinion, the writ petition is not maintainable.21. section 14 of the administrative tribunals act, 1985 stipulates that the matter relating to recruitment falls within the jurisdiction of the state administrative tribunal or central administrative tribunal as the case .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD(Cri)351; 2002(1)ALT(Cri)419; 2002CriLJ2611
..... demand of dowry made by the accused, it would have been a dowry death under section 304-b ipc read with section 113-b of indian evidence act.18. if the averments made in the charge sheet are prima facie establishes the offence under section 498-a ..... in 1997, she left the marital home in june 1998 for the sake of her health and her pregnancy and on the medical advice to stay apart as far as possible from her husband and the complaint was given on 17/10/2000 i.e., ..... found manisha reddy but he could not record her statement as she was in an unconscious state and in deep sleep. the duty medical officer also endorsed on the medico legal case registered that 'patient is in deep sleep and drowsy because of drug effect. not ..... the said application stating that prima facie a case is made against the petitioners to attract the offence under section 498-a ipc. having dissatisfied with the reasons given by the learned magistrate, the petitioners filed this criminal petition to quash the said proceedings.7 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(5)ALD512
..... in october, 1999 examinations again. having regard to the time factor involved, we do hope that the medical council of india will act with utmost expedition. the university will address a communication to the medical council of india in this regard immediately with its recommendation. the interim order given earlier permitting the petitioners to attend ..... find a solution to this unseemly controversy affecting the careers of hundreds of students.'subsequently, the representatives of the university and the medical council of indiahave met, and the medical council of india resolved to relax the rules as far as the academic year 1997-98 is concerned so as to permit the university ..... we passed the following order on 22-7-1999 :'on hearing the counsel for the university, the writ petitioners and the medical council of india, we feel that the medical council of india and the university authorities should try to evolve a pragmatic and reasonable solution keeping in view the interests of the students .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(4)ALD389; 2002(4)ALT9
..... limited v. union of india, : [1999]2scr1033 , the apex court after making a detailed survey of various decisions relating to basic principles of 'legitimate expectation' viz., council of civil service union v. minister for the civil service, 1985 ac 374 = (1984) 3 all er 935, food corporation of india v. kamdhenu cattle feed indusries, ..... the provisions of a statute or is otherwise unreasonable so as to attract the principles of wednesbury 's unreasonableness is always a matter for judicial review.in indian express newspapers (bombay) private limited v. union of india, : [1986]159itr856(sc) , the supreme court held:a piece of subordinate legislation does not ..... .21. in exercise of the powers under sections 3 and 15 of the said act, the governor of andhra pradesh has promulgated the eamcet rules. these rules provide for constitution of various authorities to deal with various stages of medical, and, engineering and other professional admissions. these stages include (i) calling for applications .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2002)ACC32; 2002ACJ32; 2001(5)ALD522; 2001(5)ALT154
..... technology. further, a state blood transfusion council (stbc) was formed in 1998 the main objective being to create awareness on voluntary blood donation. blood donation camps are being arranged by the government and charitable blood banks involving ngos. workshops are being held involving members of indian medical association and nursing home associations on blood ..... aware and by reason of such innocence he or she spreads the disease. do we have any law to deal with a situation?49. epidemic diseases act, 1897 (act 3 of 1987) was enacted for the prevention of the spread of dangerous epidemic diseases in the country. hiv-aids, though not epidemic, is being ..... workers are detained in corrective institutions or welfare homes either under section 10-a or under section 17(4) or 19(2) of the act, there are adequate provisions for medical examination. there are also provisions in segregating rescued women who are suffering from venereal diseases. we may also notice that section 2 of dissolution .....
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