narasimha reddy

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Hindu marriage Act sec.13(1) (ia) – mere obtaining restitution of conjugal rights is not a ground for Divorce , when wife not complied with it – Best piece of Evidence of Children about the cruel attitude of father is enough for not granting the Divorce to the Husband against the wife – New tendency of husbands in obtaining restitution of conjugal rights and keeping clam for considerable period and finally filing divorce petition – is to be discourgeable – Husband failed to prove cruelty – Lower court wrongly placed reliance on Restitution of conjugal rights – hence set aside – Appeal was allowed = V.Alivelu Mangas Devi V,Venkata Laskshmi Narasimha Palla Rao = published in judis.nic.in/judis_andhra/filename=10629

THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No.752 of 2013 28-11-2013 V.Alivelu Mangas Devi V,Venkata Laskshmi Narasimha Palla Rao !Counsel for the AppellantSri Subba Rao Counsel for Respondent: Sri A.K.Kishore Reddy <Gist >Head Note: ?Cases Referred; JUDGMENT: (per the Hon’ble Sri Justice L.Narasimha Reddy) The marriage between the appellant … Continue reading

Though the property may have partaken the character of self acquired property during the life time of Venkatarao, after his death, it is available for partition among the class-I heirs. = whether the said matter is covered by Section 6 or Section 8 of the Act. = Section 6: Devolution of interest of coparcenary property: When a male Hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this Act: Provided that, if the deceased had left him surviving a female relative specified in class I of the Schedule or a male relative specified in that class who claims through such female relative, the interest of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship. Explanation 1.- For the purpose of this section, the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not. Explanation 2.- Nothing contained in the proviso to this section shall be construed as enabling a person who has separated himself from the coparcenary before the death of the deceased or any of his heirs to claim on intestacy a share in the interest referred to therein. Section 8: General rules of succession in the case of males.- The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter:- a) firstly, upon the heirs, being the relatives specified in class I of the Schedule; b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule; c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and d) lastly, if there is no agnate, then upon the cognates of the deceased. Section 6 gets attracted whenever a Hindu male, who was a member of coparcenary dies before any partition in the family has taken place. In such an event, his interest in the coparcenary property would devolve by survivorship and not by succession. In other words, if there existed four members in a coparcenary, each one of them would be entitled to 1/4th share in the event of any partition taking place; and if one of the coparcener’s dies before the partition has taken place, his interest in the coparcenary would result in change of shares meaning thereby; that the shares of the remaining three members would become 1/3rd each. Exception carved out under the proviso is that, if such coparcener is survived by a class-I female heir, his interest would devolve upon such class-I heir, or any male person claiming through her by succession. This can be exemplified by taking the instance of a son, who is a member of the coparcenary predeceasing his mother. In such an event, his share which would have been determined, had a partition taken place when he was alive would devolve upon his mother. However, it is only the male successors of the mother of the deceased, that would entitle to claim the said property through her. Section 8 operates in cases where a Hindu male, not being a member of coparcenary but holding property in his own right, dies. In such an event, the devolution would be through succession in favour of this class-I heirs, and in their absence to class-II heirs, and so on. A typical transformation of the character and nature of property takes place, in the event of death of a Hindu male, who held property in his own right. Take for instance; a Hindu male acquired property in different ways i.e., a) through his own efforts, i.e., self-acquisition or b) through partition in a joint family or c) through gift/settlement or other kinds of transfers from his kin or d) through succession. If during his life time any of his children demands partition of the said properties, he can resist the same by pleading that the properties, except those that have devolved through succession i.e., ancestral properties are his self acquisitions; and not available for partition. However, if he dies intestate, leaving behind the properties held by him, whether through succession, or in partition or through self-acquisition, or through transfer from his kin would become available for being shared by his class-I heirs. The properties, which, till his death were his self acquisitions would assume a different character and would be available for partition, among the class-I heirs of the deceased. In the instant case, Venkatarao died holding the suit properties in the form of self-acquisitions. Had any demand been made by his daughters for partition, during his life time, he could have effectively resisted the same by pleading that his self acquired properties are not available for partition. On his death, a substantial change takes place be it as regards the persons who can claim the share in it, or the nature of the property. The class-I heirs include not only his daughters i.e., second appellant and second respondent but also his mother and wife, first respondent and first appellant respectively, whereas the coparceners could have been his daughters alone. The property loses its character of self-acquisition and would be available for partition.

published in *HON’BLE SRI JUSTICE L.NARASIMHA REDDY +S.A. No.1198 of 2011 %15.12.2011 # Sadhineni Rajani and another. ….. APPELLANTS AND Sadhineni Hymavathi and others.   …..RESPONDENTS ! Counsel for the appellants:   SRI C.Panduranga Rao ^ Counsel for the respondents: SRI G. Pedda Babu. < Gist: > Head Note: ? Cases referred:    [1] AIR 1953 Supreme Court 495 … Continue reading

the damages/compensation cannot be claimed against the State. ? =Whether the death of son of plaintiff was due to want of care, negligence and callousness of defendants as pleaded by plaintiffs?- Whether there is any bar in law, prohibiting award of damages, on account of the death of a soldier or seaman, if it is proved that the death occurred under mysterious circumstances? = if the negligence or want of proper care on the part of State is proved, the tortious liability to pay damages/compensation would arise and the same needs to be treated as constitutional tort. No decided case is cited as to how a State can claim immunity from the obligation to compensate the dependants of its employee, if it is proved that the death occurred on account of its negligence and lack of proper care. The point is answered accordingly. REPORTED/ PUBLISHED http://judis.nic.in/judis_andhra/filename=9823

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE K.G.SHANKAR Appeal Suit No.3504 of 2004 04.04.2013 Union of India and another. Ashok Narayan Paldhe and others. Counsel for appellants: Sri Ponnam Ashok Goud Counsel for Respondents : Sri Sunil Ganu <GIST: >HEAD NOTE: ?Cases referred 2004 (1) ALD 19 JUDGMENT: (Per the Hon’ble … Continue reading

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI- frivolus litigation imposed heavy penalty for not complaining the decree=It is a typical example how a litigation proceeds and continues and in the end there is a profit for the wrongdoers. 50. Learned Amicus articulated common man’s general impression about litigation in following words : “Make any false averment, conceal any fact, raise any plea, produce any false document, deny any genuine document, it will successfully stall the litigation, and in any case, delay the matter endlessly. The other party will be coerced into a settlement which will be profitable for me and the probability of the court ordering prosecution for perjury is less than that of meeting with an accident while crossing the road.”= It is well settled that no leniency should be shown to such type of litigants who in order to cover up their own fault and negligence, goes on filing meritless petitions in different foras. Time and again Courts have held that if any litigant approaches the court of equity with unclean hands, suppress the material facts, make false averments in the petition and tries to mislead and hoodwink the judicial forums, then his petition should be thrown away at the threshold. Equity demands that such unscrupulous litigants whose only aim and object is to deprive the opposite party of the fruits of the decree must be dealt with heavy hands. A strong message is required to be sent to such type of litigants that this Commission is not helpless in such type of matters. 16. In Ravinder Kaur Vs. Ashok Kumar, AIR 2004 SC 904, Apex Court observed ; “Courts of law should be careful enough to see through such diabolical plans of the judgment debtor to deny the decree holders the fruits of the decree obtained by them. These type of errors on the part of the judicial forum only encourage frivolous and cantankerous litigations causing law’s delay and bringing bad name to the judicial system.”

      NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI                                      FIRST APPEAL NO.502 OF 2011                                                  Alongwith                                      I.A. No.01 of 2011 (For stay)  (Against the order dated  11.11.2011 in E.A. No.25/2010 in CC No.80/2009  of the State Commission, Andhra Pradesh)     R. Narasimha Reddy, S/o R. Satyanarayana Reddy, R/o Flat No.102, Sphinix Apartments, Street No.1, Himayathnagar, Hyderabad.                                                                     …..Appellant Vs.     1.      Kuchakula Surender Reddy, S/o Late K. Kantha Reddy, R/o … Continue reading

attachment of shares and sale of the same by directing the judgment debtor to produce shares certificates is not wrong=It is a matter of record that the shares held by the respondent in M/s.NFC were attached. The next step is to cause sale of shares. The garnishee i.e., company, in which the respondent had shares, expressed its inability to sell the shares, unless the share certificates are deposited. As a matter of fact, the executing Court ought to have taken those steps in E.A.No.1407 of 2007 itself. Atleast when the petitioner filed E.A.No.738 of 2008, it ought to have directed the respondent to produce the share certificates. The record discloses that on 08.06.2009, the executing Court allowed E.A.No.738 of 2008, but adjourned the matter to 29.06.2009 for production of shares. Instead of ensuring compliance, the executing Court had searched for a shortcut and on 16.06.2010, it has dismissed E.A. No.1407 of 2007; and on that basis, it dismissed E.A.No.738 of 2008. The approach of the executing Court is totally objectionable and this Court takes serious exception to the casual and callous manner, in which the matter was dealt with. It is on account of such attitude that the efficacy of the system is suffering a dent.

THE HON‘BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.5591 of 2011 29.11.2011 Veeragandam Venkateswarlu Nerella Veeraswamy Counsel for the petitioner:Sri M.Sudhir Kumar Counsel for the respondent:Sri M.V.S.Suresh Kumar ORDER: It was not without reason that an adage got currency to the effect that the troubles of a plaintiff in a suit start after the … Continue reading

no counter claim of injunction is maintainable in a suit for partition =As long as the suit retains the character of one for partition, the grant of injunction would almost be an extraordinary phenomenon.=Assuming that there is no prohibition in law for filing of a counter claim for the relief of injunction in a suit for partition simplicitor, the person claiming must state the relevant facts that constitute the cause of action. It does not need any emphasis that the cause of action for claiming relief of injunction would be the acts of interference by the plaintiffs in the suit with the possession of the defendants making the counter claim. The affidavit filed in support of I.A.No.610 of 2010 or for that matter, the text, which is sought to be introduced, in the form of a counter claim, is blissfully silent as to the existence of cause of action. For all practical purposes, a counter claim is as good as a suit, and if no cause of action is stated in a suit, it deserves to be rejected. So is the case with the counter claim. It is not as if the filing of a suit by the appellant by itself would constitute the cause of action for filing of the counter claim. The order passed by the trial Court cannot be sustained in law.

THE HON‘BLE MR JUSTICEL.NARASIMHA REDDY Civil Revision Petition No.382 of 2011 05.12.2011 Between: Kommireddy Linga Reddy and another Palgiri Anji Reddy andothers COUNSEL FOR PETITIONERS: Sri Narasimhulu COUNSEL FOR RESPONDENTS: Sri Nimmagadda Satyanarayana ORDER: The petitioners herein filed O.S.No.232 of 2009 in the Court of Junior Civil Judge, Darsi, against respondents 2 to 4, their … Continue reading

Or.1 rule 10 impleading of a party ?=Basically, it is for the plaintiff in a suit, to identify the parties against whom he has any grievance and to implead them as defendants in the suit filed for necessary relief. He cannot be compelled to face litigation with the persons against whom he has no grievance. Where, however, any third party is likely to suffer any grievance, on account of the outcome of the suit, he shall be entitled to get himself impleaded. The question as to whether an individual is a proper or necessary party to a suit, would depend upon the nature of relief claimed in the suit and the right or interest projected by the persons, who propose to get themselves impleaded. No hard and fast rule can be weighed, that would cover a possible situation in this regard.

THE HON’BLESRI JUSTICE L.NARASIMHA REDDY C.R.P.No.716 of 2011 08-07-2011 Pallapu Mohanarao (died) per LRs ..petitioners And Thammisetty Subba Rao & others ..Respondents Counsel for the petitioners: Sri M.R.S. Srinivas Counsel for respondents : ORDER: The 1st respondent filed O.S.No.229 of 2005 in the Court of Principal Senior Civil Judge, Ongole, against the respondents 2 and … Continue reading

Kazi =1) the scope of powers and functions of a Kazi, in the context of marriage between muslims; and 2) compliance with the procedural requirements, while terminating the appointment of the petitioner. The institution of Kazi, at one point of time, occupied a very pivotal position, in the administration of Muslim Law. He was conferred with adjudicatory and administrative powers, and endowed with religious duties and functions. With the advent of British rule of India, the adjudicatory powers of Kazi came to be restricted, and appointment of Kazis was provided for, under the Kazis Act 1880. The following paragraph of the statement of objects and reasons of that Act, would summarise the nature of the powers of a Kazi, that existed earlier thereto. “Under the Muhammadan Law the Kazi was chiefly a Judicial Officer. His principal powers and duties are stated at some length in the Hedaya, Book xx. He was appointed by the State, and may be said to have corresponded to our Judge or Magistrate. In addition, however, to his functions under the Muhammadan Law, the Kazi in this country, before the advent of British rule, appears to have performed certain other duties, partly of a secular and partly of a religious nature. The principal of these seems to have been preparing, attesting and registering deeds of transfer of property, celebrating marriages and performing other rites and ceremonies. It is not apparent that any of these duties were incumbent on the Kazi as such. It is probable that the customary performance of them arose rather from his being a public functionary and one known by his official position to be acquainted with the law, than from his having, as Kazi, a greater claim to perform them than any one else. Such was the position of the Kazi in this country under Native Government. On the introduction of the British rule, Judges and Magistrates took the place of Kazis and the Kazi in his judicial capacity disappeared; but the British Government, though no longer recognizing the judicial functions of the Kazi, did not abolish the office. By certain Regulations passed from time to time, the appointment of Kazi-ul-Kuzaat and Kazis by the State was provided for, and the performance of their non-judicial duties was recognised by law. In the case of Bengal, indeed, certain additional duties were imposed on them. The duties of the Kazi under these Regulations comprised some or all of the following, viz- (1) preparing and attesting deeds of transfer and other law-papers; (2) celebrating marriages and presiding at divorces; (3) performing various rites and ceremonies; (4) superintending the sale of distrained property and paying charitable and other pensions and allowances.” The relevance of the institution of Kazi has been substantially restricted, and for all practical purposes, it is confined to the celebration of marriages, and performance of related rites and ceremonies.

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No. 8197 of 2005 30-03-2007 Qazi Habeeb Abdullah Rifai The Principal Secretary to Government, Minorities Welfare Department, Govt. of A.P., Secretariat, Hyderabad & another COUNSEL FOR PETITIONER: Sri K.Pratap Reddy, Senior Counsel COUNSEL FOR RESPONDENTS: Sri A.M.Qureshi, G.P. for Minorities. :ORDER: The petitioner was appointed as a … Continue reading

The respondents filed I.A.No.479 of 2010 under Rule 6 of Order XII read with Rule 1 of Order XV(1)(A) and under Section 151 C.P.C. with a prayer to strike off the defence of the appellant herein and to render the judgment as provided for under Rule 6 of Order XII C.P.C. I.A.No.480 of 2010 was filed under Section 151 C.P.C. with a prayer to direct the appellant herein to submit the returns in Form 16-A under Section 203 of the Income Tax Act. =defendant it must see to it that even if the facts set out in the plaint are treated to have been admitted, a judgment could possibly be passed in favour of the plaintiff without requiring him to prove any fact mentioned in the plaint. It is a matter of the court’s satisfaction and therefore, only on being satisfied that there is no fact which need be proved on account of deemed admission, the court can conveniently pass a judgment against the defendant who has not filed the written statement. But if the plaint itself indicates that there are disputed questions of fact involved in the case regarding which two different versions are set out in the plaint itself, it would not be safe for the court to pass a judgment without requiring the plaintiff to prove the facts so as to settle the factual controversy. Such a case would be covered by the expression “the court may, in its discretion, require any such fact to be proved” used in sub-rule (2) of Rule 5 of Order 8 or the expression “may make such order in relation to the suit as it thinks fit” used in Rule 10 of Order 8.” The said judgment was followed by this Court in Kedarisetti Atmaram’s case (2 supra). In Alka Gupta v. Narender Kumar Gupta8, the Supreme Court held that a suit cannot be short-circuited by deciding issues of fact merely on pleadings and documents produced without a trial and that suit cannot be dismissed without trial merely because the Court feels dissatisfied with the conduct of the plaintiff. Hence, point (c) is answered in the negative. For the foregoing reasons, the appeal is allowed and the decree under appeal is set aside. The matter is remanded to the trial Court for adjudication in accordance with law. There shall be no order as to costs.

THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY Appeal Suit No.213 of 2011 07-06-2011 Taste Hotels Private Limited.. Medisetty Jayasri and another Counsel for the appellant: Sri Y.V.Ravi Prasad Counsel for the Respondents: Sri M.R.S.Srinivas :JUDGMENT: The appellant is a lessee in respect of a three storied building bearing Door No.5-408 of Ongole Town, owned by the … Continue reading

quit notice sec.106 of transfer of property act =The contents of quit notice used to be examined meticulously by the civil Courts before Section 106 of the Act came to be amended in the recent past. According to the amended provision, even if there exists any defects in the notice, they do not constitute the basis for dismissal of the suit. Ultimately, the purport of the notice is only to inform the lessee of the intention on the part of the lessor to resume the premises. Once that purpose is served, any technical defects do not matter. Even otherwise, the appellant is not able to point out any defect in Ex.A1.

THE HON‘BLE SRI JUSTICE L.NARASIMHA REDDY   A.S. No.288 of 2010 JUDGMENT:               The appellant is a lessee in respect of the premises bearing No.28-2-4, Prakasaraopeta, Visakhapatnam, owned by the respondents.  The respondents filed O.S.No.480 of 2008 in the Court of the II Additional Senior Civil Judge, Visakhapatnam for eviction of the appellant and for … Continue reading

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