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andhra pradesh high court

This tag is associated with 33 posts

Service matter – Appointment for the post of District judge – whether a public prosecutor is eligible for the post of Judiciary – Apex court held yes = Lakshmana Rao Yadavalli & Anr. …..Appellants. Versus The State of Andhra Pradesh & Ors. …..Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41050

Service matter – Appointment for the post of District judge – whether a public     prosecutor is eligible for the post of Judiciary – Apex court held yes =       whether   a   Public   Prosecutor/Assistant    Public           Prosecutor/District  Attorney/Assistant  District   Attorney/Deputy       … Continue reading

M.V. Act – Death of a 19 year old Engineer student – Apex court enhanced compensation to Rs.7,00,000 from Rs. two lakhs = Radhakrishna and another ….Appellants versus Gokul and others ….Respondents = Reported in http://judis.nic.in/supremecourt/filename=40944

M.V. Act – Death of a 19 year old Engineer student – Apex court enhanced compensation     to Rs.7,00,000  from Rs. two lakhs =       Thus  the  grand  total compensation of the applicants is Rs.1,92,000/- entitled to  get  from Res 1-3 jointly or separately.”   The appellants challenged the award  of  the  Tribunal  by  filing  an … Continue reading

sec. 67 NDPS ACT and sec.25 of Evidence Act – whether the Officer are Police Officer and whether the officers can record a confessional statement from the Accused by force= TOFAN SINGH Vs. STATE OF TAMIL NADU published in judis.nic.in/supremecourt/filename=40880

sec. 67 NDPS ACT and sec.25 of Evidence Act – whether the Officer are Police Officer and whether the officers can record a confessional statement from the Accused by force – due to conflict judgments- referred to larger bench. = In our view the aforesaid  discussion  necessitates  a  re-look       into the ratio … Continue reading

Insurance claim for the patient is medically described as in a “vegitiative state” and patient is called as “spastic quadric paresys = the appellants had in fact proved that they had spent Rs.3,49,128/- towards medical expenses for treating their son. They had to purchase certain instruments worth Rs.58,642/- for making life of their son comfortable and Rs.31,000/- had been spent towards nursing and Rs.1,37,000/- had to be spent for Physiotherapist. Looking at the fact that Rajanala Ravi Krishna will have to remain dependant for his whole life on someone and looking at the observations made by the Tribunal, which have been reproduced hereinabove, in our opinion, his life is very miserable and there would be substantial financial burden on the appellants for the entire life of their injured son. At times it is not possible to award compensation strictly in accordance with the law laid down as in a particular case it may not be just also. We are hesitant to say that it is a reality of life that at times life of an injured or sick person becomes more miserable for the person and for the family members than the death. Here is one such case where the appellants, even during their retired life will have to take care of their son like a child especially when they would have expected the son to take their care. 13. Though, the High Court has rightly followed the principle laid down in the case of Sarla Verma (supra), in our opinion, the amount of compensation awarded by the Tribunal is more just.

NON-REPORTABLE     IN THE SUPREME COURT OF INDIA   CIVIL APPELLATE JURISDICTION   CIVIL APPEAL NO. 8083 OF 2013 (Arising out of SLP(C) No.26872 of 2011)   R. Venkata Ramana & Anr. …..Appellants Versus   The United India Insurance Co. Ltd. & Ors. …..Respondents   J U D G M E N T   … Continue reading

murder case -High Court of Andhra Pradesh at Hyderabad dated 13.2.2007 passed in Criminal Appeal No. 41 of 2005, reversing the judgment and order dated 22.12.2004 passed by the Additional Sessions Judge, Kadapa at Proddatur in Sessions Case No. 374 of 2000, by which and whereunder the respondents were found guilty and convicted under Section 148 of Indian Penal Code, 1860 (hereinafter referred as `the IPC’) and awarded a sentence of 2 years each. A1 and A2 had been convicted for the offence punishable under Section 302 IPC and they were awarded life imprisonment with a fine of Rs.500/- and in default, to undergo further simple imprisonment for one month. They were also convicted under the provisions of Section 3 of the Explosive Substances Act, 1908 (hereinafter referred to as the ‘Act 1908’) and had been awarded the sentence of 3 years with a fine of Rs.500/- and Rs.200/- respectively and, in default, to further undergo simple imprisonment for one month and 15 days respectively. They had further been convicted under Section 5 of the Act 1908, and were awarded the punishment of three years with a fine of Rs.500/- each, in default to suffer simple imprisonment for one month. A3 to A6 had been convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.500/- each under Section 302 read with Section 149 IPC and, in default of payment of fine, to undergo a further period of simple imprisonment of one month each. However, A3 was acquitted for the offence under Section 6 of the Act 1908. A4 and A5 were further convicted under Sections 3 and 5 of the Act 1908 and awarded the punishment of 3 years on each count with a fine of Rs.500/- and, in default, to undergo a further period of imprisonment for one month. However, all the sentences were directed to run concurrently.= In view of the above, the findings recorded by the High Court are liable to be set aside being perverse. The appeals succeed and are allowed. The judgment and order of the High Court dated 13.2.2007 passed in Crl.Appeal No. 41 of 2005 is set aside, and judgment and order of the trial court dated 22.12.2004 passed in Sessions Case No. 374/2000 is restored.

published in  http://judis.nic.in/supremecourt/imgst.aspx?filename=40724 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 84 of 2011   Gangabhavani …Appellant Versus Rayapati Venkat Reddy & Ors. …Respondents With CRIMINAL APPEAL NO. 86 of 2011     J U D G M E N T   Dr. B.S. CHAUHAN, J.   1. Both these … Continue reading

Will-Propounder taking prominent part, in execution of and receiving benefit under-Principles regarding scrutiny of evidence of execution and sound disposing state of mind of testator. HEADNOTE: One V lost his father when he was only 10 years old and. thereafter lived along with his mother, in the- house of the first defendant who was his maternal uncle. The first defendant had considerable influence over V as he was slow witted and below the average level of intelligence and, understanding. V died when he was 24 years old. A few. days before his death he executed a will by which he bequeathed his entire property to the first defendant absolutely with a direction that his mother should be maintained, and that, even if his mother lived separately from the first defendant, she was to have only a life interest in certain items which were also to be taken absolutely by the first defendant after her death. At the time of the execution of the -will V was physically in a weak condition. The first defendant took a prominent part in summoning the attesting witnesses and the scribe and in Procuring, writing materials for the execution of the will. Evidence was given on behalf the first defendant that though V was delirious on the day previous to the execution of the will and also subsequent to that date, V was in a normal condition on the date of the execution of the will. On the question of the validity of the will, HELD : The will was not executed in a sound disposing state of mind and was therefore not legally valid. [480,A-B] In a case in which a will is prepared under circumstance which raise the suspicion of the court that it does not express the mind of the testator it is for those who -propound the will to remove that suspicion. What are suspicious circumstances must be judged on the facts and circumstances of each particular case. If, however, the Propounder takes a prominent part in the execution of the will which confers substantial benefits on him that itself is a suspicious circumstance attending the execution of the will and in appreciating the evidence in -such a case the court should proceed in a vigilant and cautious, manner. [477 R; 478 A-B] Barry v. Butlin, (1838) 2 Moo. P.C. 480, 482, Fulton v. Andrew, (1875) L.R. 7 H.L. 448, Tyrrell v. Painton, (1894) P. 151, 157, 159 and Sarat Kumari Bibi v. Sakhi Chand & Ors., 56 I.A. 62, applied.

published in http://judis.nic.in/supremecourt/imgst.aspx?filename=2120 PETITIONER: GORANTLA THATAIAH Vs. RESPONDENT: THOTAKURA VENKATA SUBBAIAH & ORS. DATE OF JUDGMENT: 19/03/1968 BENCH: RAMASWAMI, V. BENCH: RAMASWAMI, V. SHAH, J.C. MITTER, G.K. CITATION: 1968 AIR 1332 1968 SCR (3) 473 ACT: Will-Propounder taking prominent part, in execution of and receiving benefit under-Principles regarding scrutiny of evidence of execution and sound … Continue reading

Hindu succession Act sec. 8 order of succession = In the personal/ self acquired property of Grand father, No Grand son can file a suit for partition against his father as the property fell to the father is his personal property and as the grand son is not the class I heir = A serious objection to the maintainability of the suit has been filed by the grandchildren of late Sh. Vilayati Ram Sikri in the life time of their father.= The present suit has been filed by Gaurav Sikri and Khushal Sikri, who are both minor sons of the defendant No.2. The suit has been filed through their mother Smt. Neha Sikri.= as per the averments made in the plaint late Sh. Vilayati Ram Sikri was the owner of the suit properties- on the death of late Sh. Vilayati Ram Sikri his heirs succeeded to the same as per the law of succession. In view of the Hindu Succession Act, 1956, the plaintiffs would not fall in the category of Class I heirs and only their father (defendant No.2) would be entitled to inherit CS(OS)944/2004 Page No.3 of 8along with his brothers, sister and mother. = In view of the preamble to the Act, i.e., that to modify where necessary and to codify the law, in our opinion it is not possible when Schedule indicates heirs in class I and only includes son and does not include son’s son but does include son of a predeceased son, to say that when son inherits the property in the situation contemplated by Section 8 he takes it as karta of his own undivided family. – late Sh. Vilayati Ram Sikri was the owner of the suit properties and that upon his death the same were inherited by his legal heirs. That being the case, the decision of the Supreme Court in the case of Wealth Tax Commissioner v. Chander Sen (supra) would be clearly applicable and, therefore, the plaintiffs being the grandsons would not have any share in the property left by late Sh. Vilayati Ram Sikri during the life time of the defendant No.2 (Rajesh Sikri). Consequently, the plaint, on the basis of the averments made therein, does not disclose any cause of action and the same is accordingly rejected.

published in http://lobis.nic.in/dhc/BDA/judgement/07-11-2007/BDA24092007S9442004.pdf THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : 24.09.2007 CS(OS) 944/2004 MASTER GAURAV SIKRI & ANR. …….Plaintiffs – versus – SMT. KAUSHALYA SIKRI & ORS. ……..Defendants Advocates who appeared in this case: For the Plaintiffs : Mr Viraj R. Datar with Mr Aditya Jhanji For the Defendants : Mr … Continue reading

Custody of Child =no relief could be granted to the appellant in the present proceedings given her conduct in removing Anand from U.S.A. in defiance of the orders of the Court of competent jurisdiction. – the duty of Courts in all countries to see that a parent doing wrong by removing children out of the country does not gain any advantage by his or her wrongdoing.= The facts narrated above would clearly indicate that the mother is singularly responsible for removal of the child from the jurisdiction of U.S. Courts. In view of the above, we are constrained to pass the following order:-= The directions issued by the High Court in the impugned order are upheld with the following additions and modifications:- Direction No.(iv) of the High Court shall be substituted by the following : “(iv) The petitioner shall make necessary arrangements for the stay of the respondent No.7 and the child in suitable accommodation in a locality according to her status prior to the dissolution of marriage for a period of three months on their landing in USA.” Direction No.(vi) – Prior to making any travel arrangements for the 7th respondent and Anand, the petitioner shall move the Court of Competent Jurisdiction in USA for withdrawal of the bailable warrants issued against the respondent No.7 to enable her to attend the custody proceedings in the US Courts. Direction No.(viii) – Upon the bailable warrants having been withdrawn, the petitioner shall personally escort respondent No.7 and Anand from India to the USA. 32. With these observations, the judgment of the High Court is upheld and the Criminal Appeals No.934-936 of 2013 @ SLP(Crl.) Nos. 10606-10608 of 2010 are hereby dismissed. 33. Before parting with this order, we may also notice here that the respondent (husband) filed a Criminal Appeal No. 937 of 2013 @ SLP(Crl.)No.3335 of 2012, challenging the order dated 23rd December, 2011 of the High Court of Andhra Pradesh. As noticed earlier, the aforesaid order was passed in the criminal petition filed by the respondent husband, seeking quashing of the criminal complaint filed by the appellant/wife against the respondent himself and his parents under Sections 498-A, 506 of IPC and Sections 4 & 6 of the Dowry Prohibition Act, 1961. Since no arguments were advanced in the aforesaid matter, let this appeal be listed for arguments separately.

 published in   http://judis.nic.in/supremecourt/imgst.aspx?filename=40567  REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.934-936 OF 2013 (Arising out of SLP (Crl.) No. 10606-10608 of 2010) Arathi Bandi …Appellant VERSUS Bandi Jagadrakshaka Rao & Ors. …Respondents WITH CRIMINAL APPEAL NO.937 OF 2013 (Arising out of SLP (Crl.) No. 3335 of 2012) Bandi Jagadrakshak Rao … Continue reading

SINGLE WITNESS IS ENOUGH TO CONVICT THE ACCUSED IF FOUND RELIABLE = it has been held that if the testimony of a singular witness is found by the court to be entirely reliable, there is no legal impediment in recording the conviction of the accused on such proof. In the said pronouncement it has been further ruled that the law of evidence does not require any particular number of witnesses to be examined in proof of a given fact. However, faced with the testimony of a single witness, the court may classify the oral testimony into three categories, namely, (i) wholly reliable, (ii) wholly unreliable, and (iii) neither wholly reliable nor wholly unreliable. In the first two categories there may be no difficulty in accepting or discarding the testimony of the single witness. The difficulty arises in the third category of cases. The court has to be circumspect and has to look for corroboration in material particulars by reliable testimony, direct or circumstantial, before acting upon the testimony of a single witness.- On the analysis of evidence of PW-6 we find that his evidence is cogent and trustworthy and further gets corroboration from the medical evidence and also for the factum of recovery of gold and silver ornaments which has been clearly proven by PW-9. 20. In view of the aforesaid analysis, we do not perceive any error in the judgment of conviction and order of sentence passed by the learned trial Judge that has been affirmed by the High Court and, accordingly, the appeal, being devoid of merit, stands dismissed.

Page 1     Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 642 OF 2008 Kusti Mallaiah …Appellant Versus The State of Andhra Pradesh …Respondent J U D G M E N T Dipak Misra, J. Calling in question the legal propriety of the judgment of conviction and order of sentence … Continue reading

V. Vijay Sai Reddy- cancellation of bail granted to the respondent herein.= It is true that the Special Judge while granting bail imposed certain conditions and the High Court has also added some more additional conditions, however, taking note of few instances in which how the respondent has acted, it cannot be possible for the investigating agency to collect the remaining materials for the remaining three charge sheets to be filed. In such circumstances, we are satisfied firstly the Special Court took irrelevant materials for consideration for grant of bail and secondly, the High Court having arrived definite conclusion that several findings of Special court are unacceptable or irrelevant but ultimately affirmed the very same order of the special Judge granting bail. = While granting bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/State and other similar considerations.= It has also to be kept in mind that for the purpose of granting bail, the Legislature has used the words “reasonable grounds for believing” instead of “the evidence”= whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge. Taking note of all the aspects discussed above, without expressing any opinion on the merits, we set aside both the orders of the Special Judge and the High Court granting bail to A-2 and allow the appeal filed by the CBI with a direction to complete all the investigation relating to the remaining three charge sheets and file appropriate report before the trial Court within a period of four months from today. Thereafter, the respondent herein is free to renew his prayer for bail before the trial Court and if any such petition is filed, the trial Court is free to consider the prayer for bail independently on its own merits without being influenced by the present appeal. During the course of hearing, it is brought to our notice that the marriage of the daughter of the respondent has been fixed for 26.05.2013. Taking note of the said aspect, we direct the respondent herein to surrender on or before 5-6-2013 before the Special Court for being sent to the custody. 33) The appeal is allowed.

Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 729 OF 2013 (Arising out of SLP (Crl.) No. 5946 of 2012 Central Bureau of Investigation …. Appellant(s) Versus V. Vijay Sai Reddy …. Respondent(s) J U D G M E N T P. Sathasivam, J. 1) Leave granted. 2) This … Continue reading

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