advocatemmmohan
Andhra Pradesh
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
Minimum age limit for appointment of District & Sessions Judge in A.P. = no minimum age limit = it was not necessary for the appellant to have completed the age of 35 years for being appointed to the post in question as there is no provision in the Andhra Pradesh State Judicial Service Rules, 2007 = Sasidhar Reddy Sura …..Appellant Versus The State of Andhra Pradesh & Ors. …..Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41044
Minimum age limit for appointment of District & Sessions Judge in A.P. = no minimum age limit = it was not necessary for the appellant to have completed the age of 35 years for being appointed to the post in question as there is no … Continue reading
Company petition = Since company not paid entire sale consideration after allotment of plot by the A.P.I.I.C.Ltd., – and after cancellation of plot and forfeit of amount, the official liquidator of the company can not lay any rights over the plot which was cancelled by the A.P.I.I.C.Ltd., as ownership was not transferred = The A.P.I.I. Corpn. Ltd. …..Appellant. Versus M/s. Team-Asia Lakhi Semiconductors Ltd. (in liquidation) rep. by the Official Liquidator, Hyderabad & Anr. …..Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41026
Company petition = Since company not paid entire sale consideration after allotment of plot by the A.P.I.I.C.Ltd., – and after cancellation of plot and forfeit of amount, the official liquidator of the company can not lay any rights over the plot which was cancelled by the A.P.I.I.C.Ltd., as ownership was not transferred = … Continue reading
Though the appellant is eligible for consideration of the selection in to IAS – she was denied as she was a junior officer – not correct approach and against the rules and guidelines – B. Amrutha Lakshmi … Appellant Versus State of Andhra Pradesh and Ors. … Respondents= judis.nic.in/supremecourt/filename=40890
Though the appellant is eligible for consideration of the selection in to IAS – she was denied as she was a junior officer – not correct approach and against the rules and guidelines = Apex court held wrong but due to lapse of time the apex court granted damages instead of disturbing processes already taken over long … Continue reading
Death due to accidental fall from upstairs – No proof – claim repudiated= Life Insurance Corporation of India Branch Manager Naidupetta Branch Nellore District Petitioner Through Assistant Secretary Northern Zonal Office Jeevan Bharti, Cannaught Circus New Delhi Versus N Shanker Reddy Son of Late Sarasamma Resident of Malakalapudi Village Respondent Chittamuru Mandal District Nellore, Andhra Pradesh- published in http://164.100.72.12/ncdrcrep/judgement/00131011133657827RP38692008html1.htm
Death due to accidental fall from upstairs – No proof claim repudiated = Death due to accidental fall from upstairs – no medical report, no police report and to say negative the report submitted does not belong to deceased as evidenced by reply of M.R.O. – No supporting affidavit who witnessed the incident filed – District consumer … Continue reading
Whether she cannot take benefit of reservation in the State of Uttarakhand because she is a Scheduled Caste (Valmiki of Punjab). =She was provisionally selected but her candidature was cancelled by the Commission vide Office Memorandum dated 4.10.2005 on the ground that she cannot take benefit of reservation in the State of Uttarakhand because she is a Scheduled Caste (Valmiki of Punjab).- The Division Bench held that after migration from Punjab, the appellant cannot be treated as a member of Scheduled Caste in the State of Uttarakhand and she is not entitled to be appointed against the post reserved for Scheduled Caste.= Whether Presidential Order issued under Article 341(1) or Article 342(1) of the Constitution has any bearing on the State’s action in making provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State? – whether a person like the appellant, who is a Scheduled Caste in the State where she was born will not be entitled to the benefit of reservation after marriage in the State where her husband is living despite the fact that the husband also belongs to Scheduled Caste and the particular Caste falls in the same reserved category in the State of migration and that she is a permanent resident of that State. 16. Since the other related matter has been referred to a larger Bench, we think that it would be just and proper to refer this matter also to the larger Bench. Ordered accordingly. 17. The Registry is directed to place the papers before the Hon’ble the Chief Justice of India for consideration and appropriate order.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40822 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8225 of 2013 (Arising out of SLP(C) No.33724 of 2011) Ranjana Kumari … Appellant Versus State of Uttaranchal and others …Respondents J U D G M E N T G.S. SINGHVI, J. 1. Leave granted. 2. The appellant has questioned correctness of … 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
Vehicle theft – premium paid through cheque for renewal of policy was bounced due to bank fault – Refusal of granting insurance claim – not tenable = In the meanwhile, the vehicle, in question, was stolen on the mid-night of 09.07.2004. The complainant lodged an FIR with the Police and also informed OP No. 2 Insurance Company regarding the theft and requested for payment of insurance claim. However, the said claim was rejected by OP No. 2 and they informed the complainant that his cheque bearing number 282302 dated 16.06.2004 for Rs.9,623/- had been dishonoured by OP No.1 and hence the insurance policy could not be renewed. The complainant then contacted OP No. 1 bank, where it was found that there was sufficient balance in the account of the complainant. The bank authorities vide their letter dated 13.07.2004 sent to the OP No. 2 insurance company stated that their counter clerk / officer had inadvertently returned the cheque issued by the complainant by oversight on 18.06.2004 and there was sufficient balance in savings account no. 6148 of the complainant. They also issued a banker’s cheque dated 13.07.2004 for Rs.9623/- in favour of OP No. 2 but the OP No. 2 rejected the said request and also rejected the claim filed by the complainant as the vehicle had already been stolen by that time. It is further borne out from record that after receiving the cheque of Rs.9,623/-, the Insurance Company did issue policy in favour of the complainant which was valid for a period of one year till 15.06.2005 but the said policy was cancelled by the Company after the cheque was dishonoured by the Bank. In the said insurance policy the total Insured Declared Value (IDV) of the vehicle has been shown to be Rs.2,62,000/-. The complainant in his complaint and further in written submissions has stated that since the vehicle was purchased for a sum of Rs.3,45,959.40 and it was only 16 months old, when it was stolen. The complainant has demanded a sum of Rs.4 lakh as compensation for the value of the vehicle. However, from the IDV mentioned in the Policy issued by the insurance company, it can be safely presumed that the complainant is not entitled to get more than Rs.2,62,000/- for loss of the vehicle. However, looking at the negligence shown by the complainant in not pursuing this case after submitting cheque for the premium amount he needs to be penalised also to some extent. It is felt, therefore, that a sum of Rs.1,50,000/- as already allowed by the State Commission seems to be a reasonable amount for awarding compensation to the complainant for loss of the vehicle.
published in http://164.100.72.12/ncdrcrep/judgement/00130808105104311RP462109204810.htm NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 4621 OF 2009 (From the order dated 29.10.2009 in First Appeal No. 106/2007 of Andhra Pradesh State Consumer Disputes Redressal Commission) B. Shankar s/o B. Bhadru c/o B. Parasuram IInd Floor, H. No. 1-9-285/3A, Lalitha Nagar Ramnagar Gundu Hyderabad – 500 044. … Petitioner Versus 1. Union Bank of India Chikkadapally Branch, 1-8-563/2 … Continue reading
WRIT- CONSUMER COMMISSION- SEC. 46,47 OF INSURANCE OF ACT – WHO HAS TO FILE A CIVIL SUIT IN CIVIL COURT = WHEN CONSUMER COMMISSION REFUSED TO DECIDED AN INSURANCE CLAIM = National Consumer Reddressal Commission, New Delhi, wherein it has opined that all the cases require recording of voluminous evidence and that realising this difficulty, the learned counsel representing the appellants/revision petitioners sought liberty to approach the civil Court for the purpose of recovering the claim amounts. Accordingly, liberty was given to them to approach the civil Court. ; who among the parties must approach the civil Court. under sec.47 of INSURANCE ACT= the occasion for the insurer to approach the civil Court under Section 47 of the Act would arise when there is no dispute as to the payment of the insured amount but the dispute as to the persons to whom the amount has to be paid or if there is insufficiency of proof of title to the amount secured or any other adequate reason which render it impossible for the insurer to obtain a satisfactory discharge for the payment of such amount. It is not the pleaded case of either party that the insurer is willing to discharge the insured amount but on account of any one or more of the above noted reasons contained under Section 47 of the Act, the insurer is unable to secure discharge. As noted herein before, all the insurance companies have resisted the claims of the petitioners before all the fora on the ground that there are serious suspicious circumstances rendering the very claims of the nominees of the insured, doubtful. Therefore, on a careful consideration of the facts of the cases on hand, I have no doubt in my mind that Section 47 of the Act has no application to the present cases and there is no obligation cast on the insurance companies to approach the civil Court. As rightly undertaken by the petitioners before the National Consumer Reddressal Commission, it is they who need to approach the civil Court by way of regular civil suits if they intend to claim the insured amounts as the purported nominees of the policyholders. For the above-mentioned reasons, I do not find any merit in these writ petitions and the same are accordingly dismissed.
PUBLISHED IN http://judis.nic.in/judis_andhra/filename=9852 THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No. 30752 of 2012 and Batch 02-04-2013 Khalida Begum and another The Life Insurance Corporation Ltd., Division Office at Opposite Secretariat, Saifabad, Hyderabad Rep.by its Divisional Manager Claims and another. Counsel for the petitioners: Sri M.A.Barifor Md.Ajmal Ahmed … Continue reading
SECOND MARRIAGE NOT A BAR IN ALLOWING SET ASIDE EXPARTE DIVORCE DECREE = = Order – IX Rule 13 CPC with a prayer to set aside the ex parte decree OF DIVORCE. Since there was delay of 153 days in filing it, she filed I.A No.480 of 2006.= The very fact that the proceedings are pending in the Courts at Raipur and Visakhapatnam, discloses that the relationship was not cordial and the acts resorted to by the respondent in obtaining the ex parte decree and then immediately contacting second marriage can not at all be countenanced, much less the Court can put a seal of approval upon it. Though the status of the second marriage contacted by the respondent may be at a stake, it cannot outwit the gross injustice done to the petitioner. 6. Reliance is placed upon the judgment of the Rajasthan High Court in Surendra Kumar v. Kiran Devi1. It is difficult to treat that as a precedent for the proposition that whenever one of the spouses contacts second marriage, after obtaining a decree for divorce, the decree cannot be set aside thereafter. Further, in the instant case, the trial Court did not record any finding to the effect that the notice in the O.P. was served upon the petitioner. 7. Hence, the Civil Revision Petition is allowed and the delay of 153 days in filing the application to set aside the ex parte decree is condoned. Since the reasons that weigh with the Court for condonation of delay would hold good for setting aside the ex parte decree, the I.A. filed under Order – XXXIX Rule – 13 CPC was allowed. REPORTED/PUBLISHED IN http://judis.nic.in/judis_andhra/filename=9784
HONOURABLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 6034 OF 2010 03-04-2013 Smt. Rachokonda Parvathi W/o. Venkata Subrahmanyam Rachakonda Venkata Subrahmanyam S/o.late R. Venkata Ramana. Counsel for the Petitioners: Sri Ravi Cheemalapati Counsel for the Respondent: Sri G. Ram Gopal <Gist: >Head Note: ?Cases referred AIR 1997 Rajasthan 63 ORDER: Petitioner is the … Continue reading
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