Court : Andhra Pradesh
Reported in : 2009(1)ALT754
..... to attribute any specific overt act to any individual.281. in the light of such declaration of the legal principle, the issue whether the state/police establishment/police officer enjoys any immunity from the obligation to disclose the identity does not really survive for consideration. it is an established principle of curial discipline that ..... party, if it were interpreted that section 154(1) cr.p.c. obligates the recording and registration of a culpable offence against the involved police officers, the police force would be demoralized and subjected to the avoidable jeopardy and the trauma of investigation or trial. this is broadly the justification presented by the ..... but grave injury to a person; and in w.p. no. 14475 of 2002), the generic factual narrative is that on credible information received a police (special police) party was deputed to a rendezvous where some extremist elements are believed to have gathered for the purpose of planning/executing extremist activities. on reaching .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2009AP59; 2009(1)ALT684
..... the petitioner has been assaulted by some of the lady corporators, which has been reported in the local edition of the newspaper on 18-4-2008. the petitioner filed a police case complaining about assault on her. the 3rd respondent went on reporting to the press as evident from the report in the newspapers, dated 20-4-2008 that the petitioner .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(1)ALT(Cri)106; [1993]78CompCas28(AP); 1993CriLJ707
..... demarcated the two investigations in d. lakshminarayana's case : 1976crilj1361 , by stating that the two investigations operate in distinct spheres at different stages and that police investigation under section 156(3) is at the pre-cognizance stage and the investigation directed under section 202 is at the post-cognizance stage when the magistrate ..... deciding whether or not there is sufficient ground for proceeding.' thus the object of an investigation under section 202 is not to initiate a fresh case on police report but to assist the magistrate in completing proceedings already instituted upon a complaint before him.' once again in h. s. bains v. state (union territory ..... at kakinada and that entertaining the said complaint itself was without jurisdiction and arbitrary. according to them, on the allegations in the chargesheet filed by the police, the cause of action, if any, arose only in bombay and no offence, if any, was committed within the jurisdiction of the learned magistrate at .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD652; 2000(2)ALT655
ORDER1. Political Justice is a preambular promise of the Constitution of India. 'We, the people of India' shall redeem the promise of 'political justice' is the underlying theme of the Constitution (Seventy Fourth Amendment) Act, 1992. The apprehension of the petitioners in this Batch of cases is that while attempting to achieve political justice, guaranteed right to 'equal protection of laws' another preambular promise is ignored. A deeper curial look is called for. On the eve of elections: to a century and odd urban local bodies-Nagar Panchayats, Municipalities and Municipal Corporations in the State of Andhra Pradesh,all questions raised and all issues involved in these cases are the same and hence are being disposed of by this common judgment, at the stage of admission with the consent of the learned Counsel for the petitioners and the respondents.2. Reservation of seats in Educational Institutions, reservation of civil posts and quasi-Government posts and reservation of seats in l...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(1)ALT713
ORDERM.N. Rao, J.1. In this batch of cases common questions arise for consideration and so we are inclined to deal with them by this common judgment. Writ Appeal No. 1402 of 91 is from the order of our learned brother Sivaraman Nair, J., in W.P.No. 15595 of 91 dismissing the writ petition filed by Dr. A.S. Chandra, a private medical practitioner running Sarada Nursing Home in Chirala, Prakasam district. The wife of the fourth respondent received treatment as an out patient between 15-7-91 and 26-7-91 at Sarada Nursing Home for Epigastrium and Chest pain and Nausea. After routine tests were conducted she was admitted as an inpatient on 26-7-91 and operated for Cystectomy, Hystrectomy and Appendectomy. When Laparotomy test was conducted upon her on 15-8-91 it was found that she developed Peritonitis. The nursing home collected Rs. 500/- towards medical fee and Rs. 200/- each for the anaesthetist and two surgeons, Rs. 1,100/- in all. The patient had to be removed to the Government Hospita...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD154
C.Y. Somayajulu, J.1. Since parties to the CMA and the CRP are the same, they would hereinafter be referred to as they are arrayed in the CMA 1st respondent filed the suit against the appellant and respondents 2 and 3, seeking a decree of perpetual injunction restraining appellant and 3rd respondent from taking any actionunder the agreement dated 30-6-1999 (hereinafter referred to as suit agreement) for sale and purchase of Maltol and Ethyl Maltol business of the appellant including arbitration proceedings before the 3rd respondent on the ground that the suit agreement is vitiated by fraud and is opposed to public policy and so is bad law, and filed IA No.1352 of 2000 in the suit, seeking an injunction restraining appellant and 3rd respondent from proceeding with the arbitration invoked by appellant before the 3rd respondent. Learned trial Judge granted an ex parts injunction and ordered notices. After receipt of notice, appellant filed IA No. 1640 of 2000 seeking stay of all further p...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(1)ALD500
..... ibrahimpatnam taluk. he belongs to vysya community. after partition with his brothers he carried on the ancestral business at agapalli. he migrated to hyderabad at or about 1948, prior to police action at hyderabad. he started hardware stores in secunderabad with the help of joint family assets and funds. he built up good reputation and prospered in the business. he put ..... . 29 of 1983 admits that buggaiah belongs to vysya community and that he was a man of high aspirations which prompted him to shift from native place to secunderabad before police action. it is also alleged that buggaiah was carrying on ancestral business with the help of the properties that fell to his share and prospered. i have already held that .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALD149; 2001(6)ALT706
C.Y. Somayajulu, J.1. Since parties to the C.M.A. and the C.R.P. are the same, they would hereinafter be referred to as they are arrayed in the C.M.A. 1st Respondent filed the suit against the appellant and respondents 2 and 3, seeking a decree of perpetual injunction restraining appellant and 3rd respondent from taking any action under the agreement dated 30-6-1999 (hereinafter referred to as suit agreement) for sale and purchase of Maltol and Ethyl Maltol business of the appellant including arbitration proceedings before the 3rd respondent on the ground that the suit agreement is vitiated by fraud and is opposed to public policy and so is bad in law, and filed I.A.No. 1352 of 2000 in the suit, seeking an injunction restraining appellant and 3rd respondent from proceeding with the arbitration invoked by appellant before the 3rd respondent. Learned trial Judge granted an ex parte injunction and ordered notices. After receipt of notice, appellant filed I.A.No.1640 of 2000 seeking stay o...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(6)ALD582; 2005(6)ALT364
..... or religion but on the ground the persons belonging to harizan and muslim communities were found not to have been guilty of the conducting necessitating additional police force. repelling the contention, the supreme court did not accept and came to the conclusion that in the absence of any material that other class ..... said provision, the government of rajashtan declared twenty-four villages as disturbed areas for a period of six months and permitted the inspector general of police to deploy additional police force at the cost of the inhabitants while exempting harizan and muslim inhabitants from bearing the costs. this notification of the government was successfully ..... 102 5 0.000134 0.0000715(other than dros)addl. dist. magistrates 47 2 0.000062 0.000028mandal executive 1126 89 0.0015 0.0013magistratesub-divl. police 146 9 0.00019 0.00013officers168. table 11.2 shows number of persons and state/muslim average in government employment. while interpreting the statistical figures, one should .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(2)ALD585; 2006(2)ALT289; [2006(110)FLR282]; (2006)IIILLJ570AP
..... court is not concerned with the substance or the merit of a decision is the leading expression. lord brightman spelt out the principle in chief constable of the north wales police v. evans (1982)1 wlr 1155. judicial review is concerned, not with the decision, but with the decision making process--judicial review, as the words imply, is not an appeal ..... was ultra vires were to have any less consequence in law than to render the instrument incapable of ever having had any legal effect.... again in boddington v. british transport police(1999) 2 ac 143 lord chancellor irvine reiterated this principle by stating that when an act or regulation has been pronounced by the court to be unlawful, it is then .....
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