advocatemmmohan
just another law knowledge bank
Hyderabad
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
Hindu Women’s Right to Property Act as applied in the erstwhile State of Hyderabad agricultural lands not included = The appellants contended that under the Hindu Women’s Right to Property Act as applied in the erstwhile State of Hyderabad where the lands were situated, the Ist respondent being the widow of deceesed Ramshetti, was not entitled to a share in the joint family agricultural lands. Agricultural lands are excluded from the provisions of the Hindu Women’s Right to Property Act, 1937. This contention has been negatived by the High Court. Hence the present appeal has been filed by the heirs of Veerappa.= It was submitted that prior to the enactment of the Hyderabad Hindu Women’s Right to Property (Extension to Agricultural Lands) Act, 1954, the Hindu women’s Right to Property Act as enacted in 1952 would not apply to agricultural land. The High Court has rightly negatived this contention. A subsequent Act cannot be used to interpret the provisions of an earlier enactment in this fashion. The language of the earlier Act is wide enough to cover agricultural land also. In the entire Hindu Women’s Right to Property Act, 1937, there is nothing which would indicate that the Act does not apply to agricultural land. The word ‘property’ is a general term which covers all kinds of property, including agricultural land. A restricted interpretation was given to thee original Hindu Women’s Right to Property Act, 1937 enacted by the then Central Legislature, entirely because of the legislative entries in the Government of India Act, 1935, which excluded the legislative competence of the Central Legislature over agricultural lands. Such is not the case in respect of the Hindu Women’s Right to Property act, 1937, as enacted by the State Legislature of the State of Hyderabad. The ratio of the Federal Court judgment, therefore, would not apply. There is, therefore, no substance in the contention that the subsequent Act of 1954 restricted the application of the Hindu Women’s Right to Property Act, 1937 brought into force by the earlier Hyderabad Act of 1952. As is pointed out by the High Court, the Act of 1954 was enacted by way of abundant caution, to make sure that the agricultural lands were not considered as excluded from the scope of the Hindu Women’s Right to Property Act as enacted in 1952. The second Act is, therefore, clarificatory. The High Court has dealt at length with various decisions of this Court and other Court on thee question of interpretation of the said statute. Since we are in agreement with the reasoning and conclusion arrived at by the High Court, we are not again examining the cases referred to by the High Court. We, therefore, affirm the reasoning and conclusion arrived at by the High Court and dismiss this appeal. There will, however, be no order as to costs.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=12909 PETITIONER: VAIJANATH & ORS. Vs. RESPONDENT: GURAMMA & ANR. DATE OF JUDGMENT: 18/11/1998 BENCH: SUJATA V. MANOHAR, & G.B. PATTANAIK. ACT: HEADNOTE: JUDGMENT: ORDER The application to bring on record Respondent No.2 also as legal representative of deceased Respondent No. 1 is allowed. The Ist respondent was the widow of … 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
question of jurisdiction. = JURISDICTION OF CRIMINAL COURTS AND OF INVESTIGATOR IN MATRIMONIAL CASES = certain events were claimed to have taken place at Hyderabad through telephonic conversations between the petitioners and Krishna Reddy, through personal meetings between Krishna Reddy and the 1st and 2nd petitioners, through a memorandum of understanding, dated 11-05-2007 at Hyderabad, e-mails received at Hyderabad and withdrawal of Rs.8,00,000/- within the jurisdiction of the Courts at Hyderabad. Whether a part of the cause of action for prosecuting the petitioners for the offences or domestic violence alleged arose at Hyderabad or not will be a matter of conclusion at the trial and not before hand and hence, the application of Section 179 or Section 188 of the Code of Criminal Procedure, 1973 and any consequential requirement of complying with any procedural safeguards will depend upon the factual conclusions that will be arrived at during trial. REPORTED IN/ PUBLISHED IN http://judis.nic.in/judis_andhra/filename=9000
HON’BLE SRI JUSTICE G. BHAVANI PRASAD Criminal Petition Nos.7063 of 2008 and 2539 of 2009 29/02/2012 A. Ashok Vardhan Reddy and others Smt. P. Savitha and another COUNSEL FOR THE PETITIONERS: Sri T. Pradyumna Kumar Reddy COUNSEL FOR 1ST RESPONDENT: Sri P. Krishna Reddy ^COUNSEL FOR 2ND RESPONDENT: — Crl.P. No.2539 of 2009: A. Ashok … Continue reading
Repeated acquisition of land of the same family = whether by resorting to repeated acquisition of the properties belonging to the same person, the State is not acting contrary to the dictates of Article 14 of the Constitution. This question was answered in the affirmative.= The real question is not whether the petitioners will be left with 4 or 5 acres of land or a bit more or, that whether they are running some business or not. where there was no other possibility of providing house sites to the persons displaced in a project and the acquisition is found so inevitable, such cases may fall under exceptions, warranting acquisition of the properties belonging to the same family more than once. = The State and its Officials should display a reasonable and rational attitude in dealing with the properties of the private citizens As held by the Division Bench in K.Ramulu (cited supra), in the quest for providing house sites to one section of poor people, others cannot be ruined. The petitioners have succeeded in proving that acquisition of their lands is not inevitable in the face of availability of the land admeasuring Ac.5-20 cents comprised in Survey No.449 belonging to Mente Narayana Swamy. Such being the admitted position, I do not find any justification, whatsoever, in the action of the respondents in insisting on acquisition of the petitioners’ land.
reported in/published inhttp://164.100.12.10/hcorders/orders/2010/wp/wp_1449_2010.html * The Hon’ble Sri Justice C.V.Nagarjuna Reddy + Writ Petition No.1449 of 2010 % Date: 21-12-2011 Between: # Thumurouthu Mallikarjuna Rao and another ….. Petitioners AND $ 1.The State of Andhra Pradesh, Rep. by its Secretary, Revenue (L.A.) Secretariat, Hyderabad and 4 others. …..Respondents ^ Counsel for the Petitioners: Mr.S.Subba Reddy ! Counsel for … Continue reading
Nimmagadda Prasad …. bail whether the appellant-herein has made out a case for bail. – Unfortunately, in the last few years, the country has been seeing an alarming rise in white-collar crimes, which has affected the fiber of the country’s economic structure. Incontrovertibly, economic offences have serious repercussions on the development of the country as a whole= 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” which means the Court dealing with the grant of bail can only satisfy it as to 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. It is not expected, at this stage, to have the evidence establishing the guilt of the accused beyond reasonable doubt. Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offence having deep rooted conspiracies and involving huge loss of public funds needs to be viewed seriously and considered as grave offences affecting the economy of the country as a whole and thereby posing serious threat to the financial health of the country. Taking note of all these aspects, without expressing any opinion on the merits of the case and also with regard to the claim of the CBI and the defence, we are of the opinion that the appellant cannot be released at this stage, however, we direct the CBI to complete the investigation and file charge sheet(s) as early as possible preferably within a period of four months from today. Thereafter, the appellant 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 dismissal of the present appeal. 30) With the above direction, the appeal is dismissed.
Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 728 OF 2013 (Arising out of S.L.P. (Crl.) No. 9706 of 2012) Nimmagadda Prasad …. Appellant(s) Versus Central Bureau of Investigation …. Respondent(s) J U D G M E N T P.Sathasivam, J. 1) Leave granted. 2) This appeal is directed … 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
Y.S. Jagan Mohan Reddy – whether the appellant-herein has made out a case for bail. = Though it is pointed out by learned senior counsel for the appellant that since the appellant is in no way connected with the persons in power, we are of the view that the apprehension raised by the CBI cannot be lightly ignored considering the claim that the appellant is the ultimate beneficiary and the prime conspirator in huge monetary transactions. = Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offence having deep rooted conspiracies and involving huge loss of public funds needs to be viewed seriously and considered as grave offences affecting the economy of the country as a whole and thereby posing serious threat to the financial health of the country.= Taking note of all these facts and the huge magnitude of the case and also the request of the CBI asking for further time for completion of the investigation in filing the charge sheet(s), without expressing any opinion on the merits, we are of the opinion that the release of the appellant at this stage may hamper the investigation. However, we direct the CBI to complete the investigation and file the charge sheet(s) within a period of 4 months from today. Thereafter, as observed in the earlier order dated 05.10.2012, the appellant 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 dismissal of the present appeal. 18) With the above observation, the appeal is dismissed.
Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 730 OF 2013 (Arising out of S.L.P. (Crl.) No. 3404 of 2013) Y.S. Jagan Mohan Reddy …. Appellant(s) Versus Central Bureau of Investigation …. Respondent(s) J U D G M E N T P.Sathasivam, J. 1) Leave granted. 2) … Continue reading
service matter – The maximum punishment that could have been imposed on an employee after conducting due departmental enquiry was dismissal from service. The rule making authority, by way of amendment, has bifurcated the rule 9(vii) into two parts, namely, 9(vii)(a) and 9(vii)(b). As is evincible, the chargesheet only referred to the imposition of major penalty or to be dealt with under the said rules relating to major penalty. In this backdrop, it would be difficult to say that the employee had the vested right to be imposed a particular punishment as envisaged under the unamended rules. Once the charges have been proven, he could have been imposed the punishment of compulsory retirement or removal from service or dismissal from service. The rule making authority thought it apposite to amend the rules to introduce a different kind of punishment which is lesser than the maximum punishment or, for that matter, lesser 47Page 48 punishment than that of compulsory retirement from service. The order of compulsory retirement is a lesser punishment than dismissal or removal as the pension of a compulsorily retired employee, if eligible to get pension under the Pension Rules, is not affected. Rule 9(vii) was only dealing with reduction or reversion but issuance of any other direction was not a part of it. It has come by way of amendment. The same being a lesser punishment than the maximum, in our considered opinion, is imposable and the disciplinary authority has not committed any error by imposing the said punishment, regard being had to the nature of charges. It can be looked from another angle. The rule making authority has splitted Rule 9(vii) into two parts – one is harsher than the other, but, both are less severe than the other punishments, namely, compulsory retirement, removal from service or dismissal. The reason behind it, as we perceive, is not to let off one with simple reduction but to give a direction about the condition of pay on restoration and also not to 48 Page 49 impose a harsher punishment which may not be proportionate. In our view, the same really does not affect any vested or accrued right. It also does not violate any Constitutional protection. 51. In view of the aforesaid analysis, the order passed by the High Court that a double punishment has been imposed does not withstand scrutiny. 52. Consequently, the appeals are allowed. The orders passed by the High Court are set aside and the order of punishment imposed by the disciplinary authority is restored. In the facts and circumstances of the case, there shall be no order as to costs.
Page 1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1428-1428 OF 2013 (Arising out of S.L.P. (C) Nos. 24224-24225 of 2008) The Government of Andhra Pradesh and Others … Appellants Versus Ch. Gandhi …Respondent J U D G M E N T Dipak Misra, J. Leave granted. 2. The present appeals … Continue reading
