This tag is associated with 22 posts

whether the learned Special Judge for CBI Cases is empowered to refer the complaint under Section 156(3) Cr.P.C to the CBI for investigation?

THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.8003 of 2010 05.10.2012 Central Bureau of Investigation, rep. by Superintendent of Police, Hyderabad Dr.G.Venkateshwar Rao S/o late G.Gopal Rao Naidu, Secunderbad Counsel for the petitioner: Sri P.Keshava Rao SC for CBI Cases Counsel for respondent : Sri K.Srinivasa Kumar <Gist: >Head Note: ?Cases referred: AIR 2001 … Continue reading

bail- Therefore, as of now, prima facie, the participation of these accused in the occurrence of 30.4.2011 cannot be seriously doubted, unless of course, during the course of evidence, the video clipping is shown to be doctored.The MLA is alleged to have received gun shot injuries as well. The allegations constitute an open challenge to civil society. Persons involved in the alleged incident can not be accepted to remain disciplined if enlarged on bail. It is likely that they would threaten witnesses, which would severely prejudice the outcome of the trial – Insofar as the other cases filed by the State of Andhra Pradesh are concerned, a video clipping clearly demonstrates the presence of accused nos. 2 to 5, 7 and 14 at the place of occurrence. As such, bail granted to accused nos. 2, 3, 5, 7 and 14 (since accused no. 4 whose presence was shown in the video clipping, has already died) by the High Court, is hereby set aside. Taking into consideration the fact that the complainant, in the First Information Report, has involved a large number of members in one family, wherein the accused nos. 1, 2 and 6 are real brothers, and the other accused are their children, it would be just and appropriate to affirm the order passed by the High Court qua all the accused other than the main accused and the accused depicted in the video clipping. Accordingly, the order of the High Court extending the benefit of bail to accused nos. 2, 3, 5, 7 and 14 is hereby set aside. The bail granted to the rest of the accused, by the High Court, is affirmed.

“NON-REPORTABLE” IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.1595-1596  OF 2012 (Arising out of SLP (Criminal) Nos. 4409-4410 of 2012) Younus Bin Omer Yafai @ Younus Bhai & Ors.                                 …. Appellants Versus State of A.P. … Continue reading

(1) Whether the plaintiff is the prior user of the trade name and whether there is any possibility of customers being misled in view of similarity in the trade name of the plaintiff and the defendant? (2) When logos and covers are different whether the suit for passing off is maintainable? (3) Whether the distance between the shops can make any difference? As far as using the words jointly ‘Shree Balaji Bajarang’ is concerned, it appears that the same cannot be treated as generic. When a party has been in business with the same name for considerable period and improve its business from time to time, normally the customers will be attracted by the trade name of that party and when another shop with the same name is opened in some other locality the customers may be confused and they may feel that the new shop is also a branch of the old shop, which gained popularity.The possibility of customers being misled cannot be ruled out because of the similarity in the trade name. It is also settled law that in the case of a passing off action the similarities rather than the dissimilarities have to be taken note of by the Court and the principle of phonetic “similarity” cannot be ignored and the test is as to whether a particular mark has obtained acceptability in the market so as to confuse a buyer as to the nature of product he was purchasing. Jurisdiction -It is settled law that the distance is not the criteria, since both the shops are situated in twin cities of Hyderabad and Secunderabad. Though Malkajgiri is within the jurisdiction of Ranga Reddy District, admittedly, it is a part of twin cities of Hyderabad and Secunderabad. When PW.1 claims that they have customers in and around twin cities, it appears that the distance is of no consequence.

  THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Appeal Suit No. 321 of 2003 Judgment: This appeal is directed against the judgment and decree dated 31.12.2002 passed in O.S. No.2 of 1997 by the Principal District Judge, Ranga Reddy District, at L.B. Nagar. The appellant herein is the plaintiff and the respondent herein is the … Continue reading

“Under Section 16 of the Hindu Marriage Act children of void marriage are legitimate. Under the Hindu Succession Act, 1956 property of a male Hindu dying intestate devolve firstly on heirs in Clause (1) which include widow and son. Among the widow and son, they all get shares. The second wife taken by deceased Government employee during subsistence cannot be described a widow of deceased employee, their marriage void. Sons of the second wife being the legitimate sons of deceased would be entitled to the property of deceased employee in equal shares along with that of first wife and the sons born from the first marriage. That being the legal position when Hindu male dies intestate, the children of the deceased employee born out of the second wedlock would be entitled to share in the family pension and death-cum-retirement gratuity. The second wife was not entitled to anything and family pension would be admissible to minor children only till they attained majority”.

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND ELEVEN PRESENT THE HON’BLE SRI JUSTICE K.C.BHANU   CIVIL MISCELLANEOUS APPEAL No. 1215 OF 2008 Between : Sugunamma and others.                                     …APPELLANTS A N D Contral Power Distribution Company of A.P. Ltd. and others.                     …RESPONDENTS            THE HON’BLE SRI JUSTICE … Continue reading

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION=medical negligence = Coming finally to the assessment of the expert committee of AIIMS, we find that on the fall of the patient in the bathroom, it says— “It has been established from the record that the patient had a fall on the day 15 of the treatment, but the details of the fall, injury sustained if any, clinical condition post fall and/or CT scan are not available. There is a mention of altered sensoriumon day 16 which may be a part of Intra Cranial event (which may be a neurological manifestation) or Neutropenic shock because of infection.” 9. We have already noted the observation of the expert committee that in the absence of record of the clinical condition of the patient from 15th afternoon to 16th morning, they were not in a position to comment whether there was medical negligence or not. These observations of the expert committee of AIIMS and the records of treatment clearly show that on 15.12.2000, after deciding not to discharge the patient, respondent/NIMS has committed two serious lapses— a. While the condition of the patient warranted assessment of the effect of fall in the bathroom (whether by CT scan or any other investigation) it was not done. b. In fact there was no further investigation or treatment till the morning of the fateful day 16.12.2000. This is established by absence of record of treatment after 4 PM. Even the oral testimony of OP-3 examined above does not travel beyond 5 PM on 15.12.2000. The total gap from 5 PM on 15.12.2000 and 8 AM on 16.12.2000 has remained completely unexplained. 10. What compounds these two lapses is that the patient was running high temperature. In fact, it was serious enough for the OPs to postpone his discharge fixed for 15.12.2000. Secondly, as per their own evidence, the OPs knew that sudden deterioration in the condition of the patient was a strong possibility. Thirdly, OP-3 knew about high fever and had been telephonically informed about the fall. In our considered view, these lapses amount to deficiency of service, within the meaning of Section 2(1)(g) of the Consumer Protection Act 1986. 11. In view of the above, the appeal is partially allowed. The allegation of deficiency of service is upheld to the extent of the lapses discussed above. A lump sum compensation of Rupees three lakhs is therefore awarded, with interest at 7% from the date of the complaint. The same shall be paid to the complainants by the OPs, jointly and severally, within a period of three months. Failing this, the amount shall carry interest at 12% for the period of delay.

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI   FIRST APPEAL NO. 202  OF 2006 (Against the order dated 31/12/2005 in C.D. No.116 of 2001  of the State Commission, Andhra Pradesh)   Smt. N. Shree Mani W/o late Sri N. Vinayaka Rao Aged about 42 years, Indian, Occ: Accounts Officers in Telephones N. Purnima, daughter of late No. Vinayaka Rao, Aged about 21 years, Student N. Lakshmi, … Continue reading

As the complaint was taken on the file against 13 accused and the petitioner is one among them and the filing of the present petition, at the time of the disposal of the Sessions Case No.122 of 2008, viewed from any angle, is a speculative one without any just and reasonable cause, much less without any basis to exercise inherent powers under Section 482 of Cr.P.C. Therefore, I see no grounds to quash the proceedings in S.C.No.122 of 2008 on the file of the Court of Assistant Sessions Judge, Tadepalligudem, West Godavari District. Accordingly the Criminal Petition is dismissed.

THE HON’BLE SRI JUSTICE K.S.APPA RAO Criminal Petition No.7291 of 2008 23-3-2011 N.Ranga Rao The State of Andhra Pradesh,Rep. by Public Prosecutor,High Court Buildings,Hyderabad and another Counsel for the Petitioner:Sri S.R.Sanku, Advocate. Counsel for the Respondent No.1: Public Prosecutor,High Court of A.P., Hyderabad. Counsel for the Respondent No.2: Sri Y.Vivekananda Swamy, Advocate :ORDER: The present … Continue reading

dowry harassment complaint =There are two elements in the above said section which includes the explanation, which clearly indicates ‘cruelty’ means by way of harassment driving a woman to commit suicide or to suffer with injury, second element of the said section indicates that the harassment should be in connection with demand of dowry. On the entire reading of the complaint, the above said ingredients are totally not attracted, more particularly, the petitioner in Crl.P.No.4921 of 2010 against the mother-in-law of the victim girl. Further the learned counsel for the respondent is not in a position to inform why the wife of the petitioner has not lodged the complaint and what prevented her from lodging a complaint. Even based on the present complaint, which is in the nature of hearsay, this Court is of the view that no offence made out as alleged in the charge sheet. Hence, the proceedings against the petitioners in C.C.No.507 of 2006 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, are hereby quashed.

THE HON’BLE MR. JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.2976 of 2009 and 4921 of 2010 01-03-2011 Crl.P.No.2976 of 2009 Mr.Rajesh Gutta,S/o.late Apparao Gutta,Age 33 years,R/o.12727 Vista Del NorteApt # 508, San Antonio TX 78216, USA 1.State of A.P., Through P.P.,High Court of A.P., Hyderabad AND 2 OTHERS Counsel for the Petitioners: MR. RAJA GOPALLAVAN TAYI, … Continue reading

advocate commissioner to examine the witness closed with out result ?=From a perusal of docket order, dated 25.01.2011, it appears, the said order was passed on the statement made by the Commissioner, who appeared in person, to the effect that the petitioner is not cooperating to execute the warrant. Whether the Commissioner was given any further date to record the evidence after 19.11.2010 is a matter, which is not considered by the Court below. Although it is submitted by the learned counsel appearing for the respondent/plaintiff that further dates were given by the Advocate Commissioner, as much as the same is not considered by the Court below, I am of the view that that it is a fit case to reconsider the matter afresh by the Court below. Accordingly, docket order, dated 25.01.2011, is set aside on condition of petitioner paying the Advocate Commissioner’s fee within a period of two (2) weeks from today to the Advocate Commissioner directly or depositing the same to the credit of O.S.No.125 of 2008. On such deposit, the Advocate Commissioner is entitled to withdraw the same. The learned Senior Civil Judge, Kavali, is directed to hear the learned counsel for both the parties, consider the matter afresh and pass appropriate orders, within a period of six (6) weeks from today.

THE HON’BLE SRI JUSTICE R.SUBHASH REDDY   CIVIL REVISION PETITION No.1198 of  2011   ORDER: Heard the learned counsel for the petitioner and the learned counsel for the respondent. This Civil Revision Petition is filed under Article 227 of the Constitution of India aggrieved by docket order, dated 25.01.2011, passed by the learned Senior Civil Judge, … Continue reading

service matter = Unless the suspension period is regularized treating the same as on duty by the disciplinary authority, the question of payment of difference of pay does not arise.

THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.17159 OF 2011 Dated:22.06.2011 Between: Challa Srinivas Rao                                          ..  Petitioner And The Chairman and Managing Director, Andhra Bank, Head or Central Office, Saifabad, Hyderabad and others                      ..  Respondents                                           THE HON’BLE … Continue reading

“Law respects possession even if there is no title to support it. It will not permit any person to take the law in his own hands and to dispossess a person in actual possession without having recourse to a Court. No person can be allowed to become a Judge in his own cause.”

THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO CCC APPEAL No.225 OF 2001 and bt 09-06-2011 Smt.Askari Begum and others Md.Ayaz Khan and others Counsicl of Petitioner:— Counsil for Respondent:– :JUDGMENT: Both the appeals arise out of common property, which is a house property bearing No.22-3-908 situated at Vazir Ali lane, Darulshifa, Hyderabad, in an extent of … Continue reading

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