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Shades of Knife

True Colors of a Vile Wife

State of Andhra Pradesh Vs M Srinivasa Rao on 28 August 2020

Posted on August 31, 2020 by ShadesOfKnife

See Supreme Court deprecated the unethical practice of State Government of Andhra Pradesh in this Order… Hehehe

State of Andhra Pradesh does it again! The incorrigible inefficiency in filing appeal is apparent from page 78 where the present special leave petition has been filed after a delay of 455 days. In view of Post Master General & Ors. v. Living Media India Ltd. & Anr.reported in (2012) 3 SCC 563 there are no more acceptable excuses. These are matters brought before the Court only to obtain a certificate of dismissal to put a quietus to the matter. We strongly deprecate the same.

State of Andhra Pradesh Vs M Srinivasa Rao on 28 August 2020

The earlier judgment from erstwhile High Court of AP.

M.Srinivasa Rao Vs The State of A.P. on 28 August 2018

A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YSRC Party are here.

Post Views: 602
Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 340 - Dismissed/Rejected IPC 211 - False charge of offence made with intent to injure Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

Amicable working with Advocate

Posted on August 27, 2020 by ShadesOfKnife

The following are my learnings while working with advocates. Some taught me Dos and some Don’ts. Take it as you like.

 

  • Start using eCourts app and learn to find more information from High Court websites, if not found on eCourts platform (app and website)
  • Discuss your priorities and expectations from the case, in clear terms. Better safe than sorry.
  • Ask/find and record/save alternate means of communicating with your Advocate. Office Address, Alternate contact numbers, Colleague in his Chambers, Email etc.,
  • Learn the Law and the court procedure involved in the instant case thoroughly. It helps pacify unwarranted fears to some extent.
  • Most petitions are available in/near Court premises and sold at retail price. No need to shell out 1000’s for these forms.
  • Ensure ALL your payments to Advocate are made digitally. This is solid evidence against unpleasant disputes
  • In Criminal Trials, Electronic Evidences in their Original devices need not be shared with advocates at the beginning itself. A set of copies will do for perusal and any drafting. There is stage later on when Evidence needs to be brought on record of Court supported by a certificate u/s 65B of Indian Evidence Act.
  • Ask them to read (a) All Protection from Police here and (b) All Reliefs from Judiciary here. hehe
  • Above tip not working? Want to discontinue the services of current advocate? Communicate on email, phone clearly your intent and ask for NOC (No Objection Certificate). This is NOT a rule but a unwritten practice, so avoid complications between advocates due to clients. NOC is nothing but Vakalath/Vakalathnama on the sleeve/side of which Advocate writes, ‘No objection to engage another advocate’, along with Name, Signature, Enrollment number and date. Simple!

 

 

Post Views: 737
Posted in LLB Study Material | Leave a comment

AP Government’s Delegation of powers to Secretaries of respective Departments to lodge complaints

Posted on August 26, 2020 by ShadesOfKnife

With this GO, AP Government delegated powers to Secretaries of Departments to file cases and lodge complaints through Public Prosecutor against false, baseless and defamatory news items published, Telecast, posted in Print, Electronic and Social Media.

Govt files cases on Public with Public Money.

2019-10-30 2019GAD_RT2430 Lodge complaints and legal cases through Public Prosecutor
Post Views: 464
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Delegation of powers to Secretaries of respective Departments to lodge complaints | Leave a comment

The State of Andhra Pradesh Vs G Hari Govinda Prasad on 17 August 2020

Posted on August 26, 2020 by ShadesOfKnife

State of AP went to Supreme Court in SLP against the AP High Court Order of Suspension of GOs related to doling out of Amaravati lands to people from Economically Weaker Sections here. Supreme Court dismissed it summarily.

The State of Andhra Pradesh Vs G Hari Govinda Prasad on 17 August 2020
Post Views: 480
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Reprimands or Setbacks to YCP Govt of Andhra Pradesh The State of Andhra Pradesh Vs G Hari Govinda Prasad | Leave a comment

G.Hari Govinda Prasad Vs State of AP

Posted on August 26, 2020 by ShadesOfKnife

This PIL was filed with the following prayers:

  1. 1 the action of the respondents in proposing to allot lands to an extent of Ac 1251 51 Cents in the villages of Nowluru Krishnayapalem Nidamarru Inavolu Kuragallu and Mandadam to Economically Weaker Sections of Vijayawada Municipal Corporation Tadepalli Municipality Mangalagiri Municipality and selected Gram Panchayats of Tadepalli Duggirala Mangalagiri and Pedakakani Mandals under Pedalakandariki Illu program under G O Ms No 107 Municipal Administration and Urban Development CRDA 2 Department dated 25 02 2020 ii G O Ms No 367 Revenue Assignment Department dated 19 08 2019 and iii G O Ms No 488 Revenue Assignment Department dated 02 12 2019asarbitrary illegal mala fide colorable exercise of power and in violation of provisions of A P Assigned Lands Prohibition of Transfer Act 1977 A P Capital Region Development Authority Act 2014 and unconstitutional and to consequentially set aside 1 G O Ms No 107 Municipal Administration and Urban Development CRDA 2 Department dated 25 02 2020 ii G O Ms No 367 Revenue Assignment Department dated 19 08 2019 and iii G O Ms No 488 Revenue Assignment Department dated 02 12 2019

On 2020-03-23:

AP High Court suspended the impugned GOs.

G.Hari Govinda Prasad Vs State of AP on 23 March 2020

As usual the bozo team goes to Supreme Court and fails face down here.

Post Views: 464
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Leave a comment

The State of Andhra Pradesh Vs Rajadhani Rytu Parirakshana Samithi and Ors

Posted on August 26, 2020 by ShadesOfKnife

AP High Court has issued Status Quo on the Petition by Rajadhani Rythu Parirakshnana Samithi here. Promptly, State of AP filed SLP at Supreme Court.

On 2020-08-17:

CJI Bobde recused himself from hearing. Not before me.

The State of Andhra Pradesh Vs Rajadhani Rytu Parirakshana Samithi and Ors on 17 August 2020

On 2020-08-19:

Justice Rohinton Fali Nariman recused himself from hearing. Not before me.

The State of Andhra Pradesh Vs Rajadhani Rytu Parirakshana Samithi and Ors on 19 August 2020

On 2020-08-26:

SLP dismissed. Om Shanti…

The State of Andhra Pradesh Vs Rajadhani Rytu Parirakshana Samithi and Ors on 26 August 2020

Gazette from President of India regd Formation of High Court of Andhra Pradesh here.

Post Views: 505
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Reprimands or Setbacks to YCP Govt of Andhra Pradesh The State of Andhra Pradesh Vs Rajadhani Rytu Parirakshana Samithi and Ors | Leave a comment

Rajadhani Rythu Parirakshnana Samithi Vs State of Andhra Pradesh and Ors

Posted on August 26, 2020 by ShadesOfKnife

Rajadhani Rythu Parirakshnana Samithi filed this WP with the following prayers

  1. Writ of Mandamus a declaring that the State of Andhra Pradesh has no legislative competence change the Capital of the State or to denude Amaravati from being the war of the 3 civic wings of the State including the Legislature Executive i the Judiciary
  2. declaring that the Andhra Pradesh Capital Region Development Repeal Act 2020 is ultra vires Articles 3 4 14 19 21 197 Parts IX and DA 300A of the Constitution of India r/w Sections 312 and 94 of the A P State Reorganisation Act 2014 and urgently declare it to be null and void
  3. declaring that the Andhra Pradesh Decentralisation and Inclusivement of All Regions Act 2020 is ultra vires Articles 3 4 14 19 197 174 Parts IX and IXA 300A of the Constitution of India r/w 5 312 and 94 of the A P State Reorganisation Act 2014 and consequently declare it to be null and void
  4. declaring the report of the High-Powered Committee dated 17 01 2020 as being bad in law and ultra vires of Articles 14 and 21 of the Constitution of India
  5. directing the Respondents to forthwith forbear from acting pursuant to or in furtherance of the report of the High-Powered Committee dated 17 01 2020
  6. directing the Respondents to forthwith forbear from shifting any of the offices of the 3 civic wings of the State including but not limited to the Raj Bhavan Chief Ministers Camp Office offices of the Secretariat Heads of Departments of the Government Police Department State Corporations State Government Offices and Officers from their current locations in and around Amaravati and from trifurcating the Capital for a period of 30 years or such time as this Hon’ble Court deems fit and proper in the circumstances of the case
  7. directing the Respondents to implement the Master Plan as notified on 23 06 2016 under Section 39 of the Andhra Pradesh Capital Region Development Authority Act 2014 including by constructing the necessary buildings and housing the offices of the 3 civic wings of the State Government including the Executive Judiciary and Legislature in Amaravati

On 2020-08-04: High Court granted 10 days time to file Counter.

Rajadhani Rythu Parirakshnana Samithi Vs State of Andhra Pradesh and Ors on 04 August 2020_compressed

On 2020-08-14: Common Counter Filed by State. High Court ordered to file one paperbook from either side with Registrar Judicial via email id, [[email protected]]. Status Quo Maintained.

Rajadhani Rythu Parirakshnana Samithi Vs State of Andhra Pradesh and Ors on 14 August 2020_compressed

On 2020-08-27:

Status Quo Maintained. Adjourned to Sep 21st 2020


On 2020-09-21:

More time is given to file Counter-affidavits.

Rajadhani Rythu Parirakshnana Samithi Vs State of Andhra Pradesh and Ors on 21 Sep 2020_compressed

On 2020-10-06:

Multiple IAs are various subjects

  • Status Quo continues on the operation of the dumbo laws (to repeal CRDA Act and to Decentralize Development Act).
  • Counter to be filed by AG against the IAs seeking prohibition of spending of State Exchequer for purpose of creating infrastructure for CM at Visakhapatnam, ignoring the ones at Amaravati.
  • Files preceding the setup of two committees 1) Boston Consulting Group 2) High Powered Committee; Files pertaining to the two dumbo Bills. Court ordered for those files to be placed before Court
  • Issue a bulletin of AP Council notifying the 8 member Select Council to work on dumbo Bills. Also the video footage of Council for Court perusal dt 16 and 17 June 2020. Also provide Bluebooks of the dumbo Bills and the register will Bills details. Registers with Legislative called as Legislative Standing Order during 16 and 7 June 2020. And official verbatim  proceedings
  • Seeking Master plan notified under section 39 of CRDA Act
  • appointment of advocate commissioner to find out the reality of construction of permanent buildings in Amaravati
  • Suspension of operation of reports of the two committees
  • Accountant General and Principal Accountant General are impleaded – Allowed; advocate also identified and reflected in cause list.
Rajadhani Rythu Parirakshnana Samithi Vs State of Andhra Pradesh and Ors on 06 Oct 2020_compressed

On 2020-11-02:

Since Government agreed not to shift the Corporation offices which were already situated outside Amaravati region, the two IAs were closed as no need for adjudication arises.

Rajadhani Rythu Parirakshnana Samithi Vs State of Andhra Pradesh and Ors on 02 Nov 2020

 

 


The bozo team went to Supreme Court here. Another set of Reddys team filed another SLP at SC and get facepalm here.

 

Post Views: 502
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Rajadhani Rythu Parirakshnana Samithi Vs State of Andhra Pradesh and Ors Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

In Re Alarming Rise in the Number of Reported Child Rape Incidents

Posted on August 25, 2020 by ShadesOfKnife

In this Suo Moto Criminal Writ Petition, Supreme Court took up the cause upon itself and issue directions, one of which is constitution of Special Court to prosecute cases under POCSO Act.

In Re Alarming Rise in the Number of Reported Child Rape Incidents on 25 July 2019

Action taken by Andhra Pradesh Government:

2019-09-26 2019HO_MS121 Sanction of Eight (8) more Special Courts in the Cadre of District Judge under the POCSO Act 2012

2020-08-25 2020HO_MS93 Sanction of Eight (8) more Special Courts in the Cadre of District Judge under the POCSO Act 2012

The Recent Order is from March… after which no update (Not brought before a bench even though the Order clearly says so.

In Re Alarming Rise in the Number of Reported Child Rape Incidents on 06 March 2020
Post Views: 92
Posted in Supreme Court of India Judgment or Order or Notification | Tagged In Re Alarming Rise in the Number of Reported Child Rape Incidents Suo Moto Proceedings by Supreme Court or High Court Work-In-Progress Article | Leave a comment

Robin Sharma Vs State of Punjab on 11 August 2020

Posted on August 25, 2020 by ShadesOfKnife

Single-Judge bench held the importance of fair investigation by Investigating officer. And more importantly, advised as following, wrt sec 166A(b), which I elaborated here:

The complainant/victim of a crime may accordingly apply to the Judicial Magistrate, empowered to take cognizance of the offences in question on police report, for monitoring of investigation who can issue appropriate directions for expeditious completion of investigation. The complainant/ victim of a crime may also file complaint under section 166A (b) of the IPC against the Investigating Officer for knowingly disobeying, any direction of the law regulating the manner in which he shall conduct such investigation. In view of explanation to Section 197 (1) of the Cr.P.C. no sanction is required in case of a public servant accused of any offence alleged to have been committed under Section 166 A of the IPC. The complainant/victim of a crime may alternatively file petition in the High Court for transfer of investigation to an independent agency such as CBI etc.. However, it may be observed here that in substantial number of such cases the complainant/victim of a crime is not able to pursue these remedies due to lack of awareness and legal aid at the initial stages.

Robin Sharma Vs State of Punjab on 11 August 2020
Post Views: 200
Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 1-Judge Bench Decision IPC 166A - Public servant disobeying direction under law Lalita Kumari Vs Govt.Of U.P. and Ors Right to Fair Investigation Right to Fair Trial Robin Sharma Vs State of Punjab What is Investigation | Leave a comment

CrPC 160 – Police officer’s power to require attendance of witnesses

Posted on August 24, 2020 by ShadesOfKnife

(1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:
Provided that no

  • male person under the age of fifteen years or above the age of sixty-five years or
  • a woman or
  • a mentally or physically disabled person

shall be required to attend at any place other than the place in which such male person or woman resides.
(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.

Post Views: 214
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 160 - Police officer’s Power to require Attendance of Witnesses | Leave a comment

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