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In view of my findings on issue No.4, the election petition cannot succeed, because the High Court cannot form an opinion that the 8th respondent was disqualified to be chosen to fill the seat on the date of his election or that his nomination has been improperly accepted or that any non-compliance with the Constitution or the Representation of the People Act, 1951 or any Rules or Orders made under the Act has been committed within the meaning of Section 100(1) of the Act and consequently, an order has to be made dismissing the election petition under Section 98(a) of the Act, while leaving the costs to be borne by the parties respectively under Section 99(1)(b) of the Act. 64. Accordingly, the election petition is dismissed without costs. A copy of this order be communicated to the Election Commission of India and the Speaker of the Andhra Pradesh Legislative Assembly in terms of Section 103 of the Representation of the People Act, 1951. _____________________
HON’BLE SRI JUSTICE G. BHAVANI PRASAD Election Petition No.7 of 2009 21/08/2012 S.A.K. Mynoddin The Chief Election Commissioner,Secretariat Buildings, Hyderabad and others COUNSEL FOR THE PETITIONER: Sri V. Mallik COUNSEL FOR 1 TO 7 RESPONDENTS: — (R.1 to R.7 deleted from the array of respondents) ^COUNSEL FOR 8TH RESPONDENT: Sri B. Adinarayana Rao COUNSEL FOR … Continue reading
The custody of female child aged 9 years, likes to remain with her father , on the petition of the mother the Apex court after interviewing the child fixed 3 days day time custody on three different days as observation period to know the changes of the child when she is with her mother under special circumstances of the case and directed the High court mediation center to report the matter.
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION 1 2 SPECIAL LEAVE PETITION (C) NO.8160 OF 2011 Meenakshi Khandelwal …. Petitioner (s) Versus Shailesh Khandelwal …. Respondent(s) O R D E R P. Sathasivam, J.1) By consent of both the parties, the Principal Judge, Family Court,Raipur, vide order dated 01.02.2008, … Continue reading
SUPREME COURT OF WESTERN AUSTRALIA IN CRIMINALThis is an appeal against sentence. On 22 December 2011 the appellant was sentenced to 10 months’ imprisonment following her plea of guilty to one charge of assault occasioning bodily harm contrary to s 317 of the Criminal Code (WA). She now seeks leave to appeal that sentence on a number of grounds. Those grounds relate to a single issue, that is whether the sentence imposed by the magistrate was manifestly excessiveConclusion 43 For the above reasons the sentence of 10 months’ immediate imprisonment was manifestly excessive. Accordingly, the appeal must be allowed and the appellant resentenced. 44 In resentencing it is relevant to take into account the circumstances that have occurred since the appellant was first sentenced. Following her sentence the appellant filed an appeal and made an application for bail. Bail was granted by Commissioner Sleight on 27 January 2012. Accordingly, the appellant served approximately four weeks in prison before being released on bail. 45 Since being released on bail the appellant has continued to attend counselling sessions both in regard to alcohol use and anger management. The appellant’s mother continues to be treated for cancer and this has required the mother to attend Perth for treatment every three months. The appellant’s mother has indicated that her condition requires an operation with three weeks in hospital and ten weeks recovery during which time she will need the support of the appellant in caring for her younger siblings. 46 I agree with the magistrate that the personal circumstances of the appellant as regards the care of her siblings would not necessarily justify the conclusion that she should not by imprisoned if the offence otherwise called for it. However, as I have reached a conclusion that a sentence of imprisonment to be immediately served was not the appropriate penalty in this case, it is possible for me to take these circumstances into account in a general way in determining the appropriate sentence. 47 Having considered all of the relevant factors, it is my view that the appropriate sentence is an intensive supervision order of 12 months duration with a programme condition under s 73 of the Sentencing Act 1995 (WA). The programme condition will ensure that the appellant continues with the counselling. 48 The orders of the court will therefore be that: 1. leave to appeal be granted in respect of the grounds contained in the notice of appeal; 2. the appeal be allowed; 3. the sentence imposed by the magistrate be set aside; [2012] WASC 145 HALL J Document Name: WASC\SJA\2012WASC0145.doc (JP) Page 13 4. in lieu thereof the appellant be sentenced to a 12 month ISO with a programme condition.
[2012] WASC145 Document Name: WASC\SJA\2012WASC0145.doc (JP) Page 1 JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA IN CRIMINAL CITATION : CLOSTER -v- HUMPHREYS [2012] WASC 145 CORAM : HALL J HEARD : 27 MARCH 2012 DELIVERED : 27 APRIL 2012 FILE NO/S : SJA 1007 of 2012 BETWEEN : JAYCINTA KATE CLOSTER Appellant AND SARAH EMMA … Continue reading
Supreme Court of New South WalesSUCCESSION – Claim by daughter of the deceased for a family provision order under Succession Act 2006 – Defendant a son of the deceased and the executor named in Will of the deceased, to whom Probate was granted, who opposes Plaintiff’s claim – Whether provision made for Plaintiff is adequate – Competing claim by Defendant – Only notional estate of small value
Pletersky v Pletersky [2012] NSWSC 277 (27 March 2012) Last Updated: 28 March 2012 Supreme Court New South Wales Case Title: Pletersky v Pletersky Medium Neutral Citation: [2012] NSWSC 277 Hearing Date(s): 19 March 2012 Decision Date: 27 March 2012 Jurisdiction: Equity Division Before: Hallen AsJ Decision: (a) Having found that the Plaintiff … Continue reading
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