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nageswara rao

This tag is associated with 11 posts

writ not maintainable in respect of any property under wakf act=The Act itself provides for an alternative remedy by way of a suit before the Wakf Tribunal constituted under Section 83 of the Act for redressal of any grievance against notice issued under Section 54(3) of the Act. When there are several factual disputes staring in this case as indicated above, it is for the petitioners to approach the Tribunal for redressal by way of filing a civil suit by raising all contentions and inviting the Tribunal for decision on all those factual disputes by leading oral and documentary evidence in support of them. I do not find any valid or legal reasons to entertain this writ petition. =3) Section 54(4) of the Act reads as follows: “(4) Nothing contained in sub-section (3) shall prevent any person aggrieved by the order made by the Chief Executive Officer under that sub-section from instituting a suit in a Tribunal to establish that he has right, title or interest in the land, building, space or other property.”

IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No.67 of 2012   DATE: 27.01.2012   Between: Pangaluri Nageswara Rao and 2 others                                              …… Petitioners And The Chief Executive Officer, A.P.State Wakf Board and 2 others …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No.67 of 2012 ORDER : … Continue reading

Delay in filing FIR=There is also no explanation for the delay in lodging the complaint. Further-more, the lower Court noticed that the evidence of the doctor clearly goes to show that on 02.09.2001 PW.1 was examined at 12-00 Noon and the age of the injuries is about 24 to 36 hours prior to the examination, consequently the lower Court has found that the injuries must have been caused, if any, prior to 12.00 Noon on 01.09.2001, and which destroy the prosecution case that the incident happened on 01.09.2001 at 9.30 P.M. Evidently, there are said to be some civil disputes and ill-feelings between both the parties. The evidence of PW.1 is not supported by any independent evidence and the medical evidence is also not corroborative and therefore, the lower Court has rightly extended the benefit of doubt to the accused and there are no compelling reasons to come to a different conclusion.

THE HON’BLE SRI JUSTICEN.R.L. NAGESWARA RAO     CRIMINAL APPEAL No.70 OF 2012     JUDGMENT:-   The appeal is filed against the acquittal of the accused in Calendar Case No.324 of 2001 on the file of the Additional Munsif Magistrate, Kandukur.   2.       The parties are referred as arrayed in the lower Court.     … Continue reading

the police filed charge sheet against the accused for the offences punishable under Sections 448, 427, 504 and 506 r/w 34 I.P.C. The lower Court, after considering the evidence on record, acquitted the accused through judgment dated 21.06.2011. Aggrieved by the same, the present appeal is filed. = so far as the offence punishable under Section 448 I.P.C is concerned, there being a civil dispute pending between the parties and injunction order in favour of the accused, the ingredients of that offence cannot be said to be attracted and the consequential offence punishable under Section 427 I.P.C also fails. So far the offences punishable under Sections 504 and 506 I.P.C are concerned, there is no substantial evidence to support the claim of P.W.1 about the threatening or other actions. Therefore, the lower Court has assessed the evidence in right perspective and the impugned order of acquittal does not call for interference by this Court.

THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO   CRIMINAL APPEAL No.30 of 2012   JUDGMENT: Heard. The appeal is filed against the acquittal of the accused in C.C.No.21 of 2008 on the file of the Judicial Magistrate of First Class, Bichkunda, Nizamabad District. On a complaint given by P.W.1-Smt.Kommu Surekha about the illegal trespass and damage … Continue reading

Delay in lodging complaint=The accused was charged for the offences punishable under Section 7(1)(d) of the PCR Act and Section 506 of the Indian Penal Code. =As rightly found by the learned Magistrate the incident was happened on 23.03.2003 at about 5.30 P.M., and the report was not immediately lodged, PW.2 went to an Advocate, took his advice and the complaint was lodged only on the next day at 11.00 P.M., i.e., nearly 30 hours after the incident. The Police Station is said to be not far off and it is just 15 KMs from the village. When the other witnesses were present, there is no reason as to why PW.2 should go and consult an Advocate and the complaint should be prepared when PW.2 himself is a Sarpanch. Therefore, it is quite clear that the complaint apart from being lodged after long delay in consultation with an Advocate, the purpose of it can be really seen. From the material evidence on record, it appears that there might have been questioning of the Sarpanch by the villagers and in that some verbal exchanges might have taken place and the incident seems to have been magnified. The learned Magistrate has given sufficient reasons to extend the benefit of doubt to the accused and there are no compelling reasons to come to a different conclusion.

THE HONOURABLE SRI JUSTICE N.R.L.NAGESWARA RAO     CRIMINAL APPEAL No.68 OF 2012     JUDGMENT:- The appeal is filed against the acquittal of the accused in Calendar Case No.184 of 2003 on the file of the Judicial Magistrate of I Class, Special Mobile Court, Krishna, Machilipatnam. 2.       The accused was charged for the offences punishable … Continue reading

where an appeal is to be filed on acquittal of calendar case? =In view of the fact that the acquittal of the accused in Calendar Case No.975 of 2008 on the file of the Chief Metropolitan Magistrate at Visakhapatnam, and in view of the amended provisions of Section 372 of the Criminal Procedure Code, which came into effect from 31.12.2009, the appeal has to be presented before the Sessions Court

THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO     CRIMINAL APPEAL (SR) No.2368 OF 2012     JUDGMENT:-     In view of the fact that the acquittal of the accused in Calendar Case No.975 of 2008 on the file of the Chief Metropolitan Magistrate at Visakhapatnam, and in view of the amended provisions of Section 372 … Continue reading

from the provisions of Sections 60 to 63 of the N.D.P.S. Act, the Court shall decide the confiscation or the release of the properties either in case of acquittal or in case of conviction. But, at the same time, the order of the Court should be specific. Evidently, in this case, except passing an order that unmarked case property shall be destroyed, there is no specific order with regard to the property i.e., six vehicles, which were already released in favour of the appellant herein by virtue of the orders of this Court. 5. Therefore, the lower Court shall pass necessary order keeping in view the provisions of the N.D.P.S. Act, with regard to six vehicles, which were already released in favour of the appellant herein. So far as the other property is concerned, there is no need to interfere with the order of the lower Court with regard to destruction.

THE HON’BLE SRI JUSTICEN.R.L. NAGESWARA RAO     CRIMINAL APPEAL No.69 OF 2012     JUDGMENT:-   The appeal is filed by the 2nd accused questioning the judgment of the I Additional Sessions Judge, Medak at Sangareddy in NDPS Sessions Case No.44 of 2011, where-under after acquitting the accused some of the properties were ordered to … Continue reading

Smt.Y.Srilakshmi bail cancelled = In cases of this nature and when there is influence and power for the respondent and her husband, it will not be desirable or proper to expect the investigating agency to disclose as to what is the nature of evidence they intend to collect and further investigation to be taken up by them, when particularly the cooperation of the respondent during the course of police custody is said to be minimal. 32. Therefore, in view of the above circumstances, I have no hesitation in holding that the order passed by the learned Judge is not legal and is liable to be set aside and since investigation against the respondent is not yet completed, it will be hazardous for the investigating agency to gather the entire evidence if the respondent is to be on bail.

*THE HONOURABLE SRI JUSTICE N.R.L.NAGESWARA RAO + CRIMINAL PETITION NO.13302 OF 2011   % 02-01-2012     # State rep. by Central Bureau of Investigation, Anti Corruption Branch, Hyderabad,                                              ….Petitioner Vs.   $ Smt.Y.Srilakshmi wife of M.Gopikrishna                                                                 …. Respondent   !Counsel for the Petitioner:      Sri P.Kesava Rao, SPL.SC FOR CBI   Counsel for the Respondent:   Sri C.Padmanabha Reddy, Senior                                             Counsel   … Continue reading

1) Whether the 1st plaintiff is entitled to the benefits of A.P. Act 13 of 1986 and entitled to an independent share apart from the share she succeeds from her mother? 2) Whether the unmarried sister of 1st plaintiff by name Sundaramma is also entitled for share? 3) Whether the adopted son Ranga Swamy Naidu and his heirs are entitled for any share in the joint family properties? 4) Whether the Judgment and decree passed by the learned Additional District Judge, Madanapalle, is legal and sustainable?

THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO APPEAL SUIT No.433 OF 2001 19-07-2011 R.V.PADMAVATHI AND OTHERS GANGARAPU SUDARSANA CHOUDARY AND OTHERS COUNSEL FOR APPELLANT: ——– COUNSEL FOR RESPONDENTS :———– :COMMON JUDGMENT: The appeal is filed by the 1st plaintiff and 12th defendant in O.S.No.24 of 1996 on the file of the Additional District Judge, Madanapalle. … 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

The suit was filed in the year 1985 nearly 32 years after the death of the father and it is difficult to believe and accept that after the devolution of the interest of the father of the 1st plaintiff in her mother Achamma, still there continues to be a coparcenary, where-under she has got a right to claim for partition. Therefore, I have no hesitation in holding, viewed from any angle, the 1st plaintiff is not entitled to the benefits of the amended Section 29(A) of the State Act or the amended Central Act 39 of 2005, she shall be entitled to the shares along with others in the property of her mother Achamma.

THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO APPEAL SUIT No.433 OF 2001 19-07-2011 R.V.PADMAVATHI AND OTHERS GANGARAPU SUDARSANA CHOUDARY AND OTHERS COUNSEL FOR APPELLANT: ——– COUNSEL FOR RESPONDENTS :———– :COMMON JUDGMENT: The appeal is filed by the 1st plaintiff and 12th defendant in O.S.No.24 of 1996 on the file of the Additional District Judge, Madanapalle. … Continue reading

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