advocatemmmohan
Prakasam District
as related to the persons dying intestate and maternal aunts are excluded from succession.
THE HON’BLE SRI JUSTICEV.V.S.RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA CIVIL MISCELLANEOUS APPEAL No.271 OF 2009 19.02.2010 BETWEEN: Kavuri Lilliyamma, W/o.late Wilson … Appellant AND K.S.Joshua, S/o.late Satyanandam And others … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA CIVIL MISCELLANEOUS APPEAL … Continue reading
This general understanding of Section 53-A of the Act is not absolute. In a given case, the suit for perpetual injunction can be filed based upon the agreement of sale, even where no relief of specific performance of agreement of sale is claimed. In Yenugu Achayya v. Ernaki Venkata Subba Rao1, a Division Bench comprising of Chief Justice Subba Rao and Justice Viswanatha Sastri, the two giants, in the field of law, had aptly and succinctly expressed the purport of Section 53-A as under: “The section does not either expressly or by necessary implication indicate that the rights conferred on the transferee thereunder can only be invoked as a defendant and not as a plaintiff. Under the terms of the section the transferor is debarred from enforcing against the transferee only rights in respect of the property and this bar does not depend upon the array of the parties. The transferee can resist any attempt on the part of the transferor to enforce his rights in respect of the property whatever position he may occupy in the field of litigation. In one sense, it is a statutory recognition of the defensive equity. It enables the transferee to use it as a shield against any attempt on the part of the transferor to enforce his rights against the property. Whether the transferee occupies the position of a plaintiff or a defendant, he can resist the transferor’s claim against the property. Conversely, whether the transferor is the plaintiff or the defendant, he cannot enforce his rights in respect of the property against the transferee. The utility of the section or the rights conferred thereunder should not be made to depend on the maneuvering for positions in a Court of law, otherwise a powerful transferor can always defeat the salutary provisions of the section by dispossessing the transferee by force and compelling him to go to a Court as plaintiff. Doubtless, the right conveyed under the section can be relied upon only as a shield and not as a sword but the protection is available to the transferee both as a plaintiff and as a defendant so long as he uses it as a shield.”
THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY C.R.P.Nos.820 of 2011 and bt 23-06-2011 Madala Kotaiah Ms Hamsa Minerals & Exports and another. Counsel for the petitioner: Sri T.Sreedhar Counsel for the Respondents: Sri Y.V.Ravi Prasad :COMMON ORDER: These two revisions arise out of an order, dated 24.03.2008 passed by the Court of I Additional Junior Civil … Continue reading
WHETHER SANCTION NECESSARY – FOR DOMESTIC OFFENCES COMMITTED OUT SIDE INDIA-The Petitioner, Thota Venkateswarlu, was married to the Respondent No.2, Parvathareddy Suneetha, on 27th November, 2005, as per Hindu traditions and customs in the Sitharama Police Kalyana Mandapam, Ongole, Prakasam District, Andhra Pradesh. At the time of marriage 12 lakhs in cash, 45 sovereigns of gold and 50,000/- as Adapaduchu Katnam is alleged to have been given to the Accused Nos.1 to 4, who are the husband, the mother-in-law and other relatives of the husband. However, in respect of offences alleged to have been committed outside India, the learned Magistrate shall not proceed with the trial without the sanction of the Central Government as envisaged in the proviso to Section 188 Cr.P.C.
REPORTABE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CRL.) NO.7640 OF 2008 THOTA VENKATESWARLU … PETITIONER Vs. STATE OF A.P. TR. PRINCL. SEC. & ANR. … RESPONDENTS J U D G M E N T ALTAMAS KABIR, J. 1. This Special Leave Petition is directed against the judgment and order … Continue reading
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