Court : Andhra Pradesh
..... suri vs. state of u.p (2000) 2 scc 636)wherein the hon ble apex court at para no.9 held as follows: 9. in state of karnataka v. l. muniswamy {(1977) 2 scc 699} this court said that in the exercise of the wholesome power under section 482 of the code the high court ..... while the public servant is in service, he cannot be prosecuted later after retirement, notwithstanding the fact that no sanction for prosecution under the prevention of corruption act is necessary after the retirement of the public servant. any other view will render the protection illusory. situation may be different when sanction is refused by the competent ..... executive instructions issued by the government under article 162 of the constitution of india. the requirement of according sanction is under section 19 of the prevention of corruption act, 1988. such an exercise of statutory power cannot be curtailed or negated by executive/administrative instructions. if the rules are silent on any particular point, the government .....
Tag this Judgment!Court : Andhra Pradesh
..... prescription period for the claim of adverse possession and the animus possidendi is one of the ingredients of adverse possession and for that placed reliance on karnataka board of wakf supra and as per l.n.aswathama supra, at para 17, it was observed that long and continuous possession by itself would ..... be dealt with in relation to estoppel, co-owners, co-heirs, co-parceners, benami transactions, minor's property, public rights, section 53-a of transfer of property act, trusts, licences, leases, riparian rights, limited owners, mortgagors, mortgages, invalid transactions, symbolic possession, institution of suit, section 145 cr.p.c. proceedings etc., and ..... the persons in possession thereby of the institute acquired title by adverse possession and entitled to compensation money for the land subsequently acquired under the land acquisition act. for that conclusion, the apex court placed reliance on the earlier expression in collector of bombay vs. municipal corporation of the city of bombay ( .....
Tag this Judgment!Court : Andhra Pradesh
..... not have proceeded against the guarantors under section 29 of the act. the high court quashed the order passed by the appellant, under section 29 of the sfc act, authorizing its officers to take possession of the properties. in appeal, the ..... -vis section 31 of the state financial corporations act, 1951 (for short "the sfc act") was in question. the appellant- corporation, in the exercise of its powers under section 29 of the sfc act, had directed that possession of two properties of the guarantors be taken over. the respondent filed a writ petition before the karnataka high court contending that the appellant- corporation could .....
Tag this Judgment!Court : Andhra Pradesh
..... be dependable on a careful scrutiny thereof (vide: bhagwan singh v. the state of haryana : air1976sc202 rabindra kumar dey v. state of orissa: air1977sc170 syad akbar v. state of karnataka: air1979sc1848 and khujji @ surendra tiwari v. state of madhya pradesh: air1991sc1853. 17. in state of u.p.v. ramesh prasad misr.and anr. (air1996sc2766, this court held ..... is mandatory. 7) in a trap case, the prosecution shall by cogent evidence establish demand and acceptance of bribe to sustain a charge under section 7 of pc act. in the instant case, for proof of these two vital ingredients there was no direct independent evidence except the evidence of pw1. so, in the considered view of ..... complaint with pw11the dsp, acb, kurnool on 12.11.2000, who registered the same as case in cr.no.10/acb-kur/2000 under section 7 of pc act on 13.11.2000 and took up investigation and successfully laid trap on ao by following the procedure. after completion of investigation, pw12the inspector of police, acb, kurnool .....
Tag this Judgment!Court : Andhra Pradesh
..... .commissioner of welath tax versus smt. anjamli khan , that of the bombay high court in akber a. dehgamwalla versus commissioner of wealth tax and that of the karnataka high court in c.n.nagakumar versus commissioner of wealth tax learned standing counsel for the department on the other hand submits that it is only an amount, which ..... on the other hand. the movable property takes in its fold not only the tangible items but also the intangible ones. section 130 of the transfer of property act provides for transfer of actionable claims also. that expression is defined under section 3 of that enactment as under: actionable claim actionable claim means a claim to any ..... is not determined could not have been made at all. in this regard, focusing of attention to certain basic of law becomes necessary. the transfer of property act deals with the gifts pertaining not only to immovable properties but also movable properties. section 122 takes in its fold both the categories of properties and it reads .....
Tag this Judgment!Court : Andhra Pradesh
..... short 'the act').he pleaded the grounds of cruelty and desertion on the part of the respondent. in the o.p., the appellant pleaded that after the birth of the second daughter, the respondent insisted that he should get his share in the property of his parents at shimoga, karnataka state and when she did not agree for ..... these averments are taken as true, they cannot constitute desertion. it is only when the respondent refused to join him and expressed disinclination to live with him, that acts of desertion can be inferred. the fact that the appellant lived separately when the respondent was undergoing studies at coimbatore, or that she insisted him to help them in ..... this injuries...". when pw-5 has categorically stated that the appellant did not even get the injury of his wife, the respondent, treated, no court can infer an act of cruelty on the part of the respondent. the possibility, if at all, can be otherwise. learned counsel for the appellant placed reliance upon the judgment of the .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... password often leave suspicious sites open e-mails only when you know the sender do not send sensitive personal or financial information unless it is encrypted on a secure website act quickly i you suspect fraud never disclose your pin to anyone, not even a citibank representative. safeguard your account information, just as you would any other sensitive personal information never ..... cibil and as per rules they had reported the complainant-cibil status. the opposite parties relied on the judgment of karnataka state consumer disputes redressal commission wherein the order passed by the lower forum has been set aside and the honble karnataka state commission held that when complainant is a defaulter, he cannot allege deficiency of service. the opposite parties further submitted .....
Tag this Judgment!Court : Andhra Pradesh
..... look into the material to assess what the complainant has alleged, and whether any offence is made out even if the allegations are accepted in toto (state of karnataka v. m.devendrappa2).8. in shiji v. radhika3, the hon'ble supreme court held as under: ".having said so, we must hasten to add that the ..... 19. in ramesh kumar v. state of chhattisgarh6, the apex court said that 'instigation is to goad, urge forward, provoke, incite or encourage to do ".an act".. to satisfy the requirement of ".instigation"., though it is not necessary that actual words must be used to that effect or what constitutes ".instigation". must necessarily and specifically ..... ". bonded labour system". within the meaning of this clause.].18. punishment for extracting bonded labour under the bonded labour system.- whoever enforces, after the commencement of this act, any custom, tradition, contract, agreement or other instrument, by virtue of which any person or any member of the family of such person or any dependant of .....
Tag this Judgment!Court : Andhra Pradesh
..... reference to the last date appointed by which the applications have to be received by the competent authority." the same view was reiterated in m.a. murthy v. state of karnataka - (2003) 7 scc 51.and ashok kumar sonkar v. union of india - (2007) 4 scc 54.therefore, the full bench of the high court rightly held that a candidate who ..... considered at all. an advertisement of notification issued/published calling for application constitutes a representation to the public and the authority issuing it is bound by such representation. it cannot act contrary to it. one reason behind this proposition is that if it were known that persons who obtained the qualifications after the prescribed date but before the date of interview .....
Tag this Judgment!Court : Andhra Pradesh
..... is further held that no technicality can prevent the court from doing justice in exercise of its inherent powers. to the same effect is the judgment of the karnataka high court in smt.karisiddamma v smt.sanna kenchamma11. yet another principle may be noted. the supreme court recently in shimnit utsch india pvt. ltd v west ..... m.c against him on which the court below passed the following order. "perused the petition and counter. as per section 45 of evidence act, 112 of evidence act, 120 of evidence act, this court cannot compel the party to go for dna test. accordingly the petition is dismissed". learned counsel for the respondent would contend that ..... in such a way as to give effect to the original intention. accordingly, the interpreter is to make allowances for any relevant changes that have occurred since the act's passing, in law, in social conditions, technology, the meaning of words and other matters.... that today's construction involves the supposition that parliament was catering .....
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