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Category: High Court of Andhra Pradesh Judgment or Order or Notification

Sri Kathi Narsinga Rao Vs Kodi Supriya and Anr on 29 Sep 2016

Posted on November 23, 2020 by ShadesOfKnife

Relying on Bipin Shantilal Panchal here, and properly identifying that certain judgments from Supreme Court have not considered Bipin Panchal, correctly held that, except for Stamp duty and Registration fee, all other objections to any document sought to be introduced during evidence stage have to be parked towards the end of trial and considered then while judgment stage.

From Para 15,

…

Coming to the expression in Shalimar Chemical Works Limited v. Surendra Oil and Dal Mills (Refineries), where it was no doubt observed that admissibility of document held to be decided at the stage of admission by marking, instead of leaving to be decided subsequently. The facts therein were Xerox copy of the trade mark registration certificate (which is in fact the suit document) without production of original even objected by opposite party from the trial Court permitted to mark subject to objection on proof and admissibility held wrong procedure. In fact it was observed that from same is the suit document and no foundation as to what happened to the original to receive as Xerox copy of the suit claim which is the trademark registration certificate, it was observed that lower appellate Court having received the document under Order 41 Rule 27 CPC without exhibit and without opportunity to the other side to rebut the evidence simply relied on it by discussing the same as if admitted in evidence that was found fault. Thereby the expression in Shalimar Chemicals supra confine to the facts for no law laid down of in any case secondary evidence cannot be permitted subject to objection. In fact the earlier expression of the Apex Court in Bipin Shantilal Panchal v. State Of Gujarat particularly Para 12 and Navjot Sandhu @ Afzalguru supra holding any objection (other than on stamp duty and registration) is while marking be kept open for decision finally including on secondary evidence admissibility. Above two expressions of the Apex Court not came for consideration in Shalimar Chemical Supra.

From Para 16,

16. In fact from the expression in Bipin Shantilal there was a direction as guidance to be followed by all Courts while marking documents including on secondary evidence as subject to objections by let open to decide ultimately on the objection while recording the evidence, unless it touches stamp duty and registration to decide instantly. In fact Shalimar Chemicals supra particularly at Para 10 internal Para 20, the expression of the Apex Court in RVE Venkatachala Gounder v. Arulmigu Viswesaraswami and V.P Temple, referred and relied which speaks about objections as to admissibility of documents in evidence may be classified into 2 classes, one is objection that the document which is sought to be proved is inadmissible and the other towards the mode of proof. In the case of objection as to admissibility, it is only a procedural aspect, if not raised while marking, it is not open to raise later including on secondary evidence for as good as primary evidence. Whereas objection as to mode of proof even not raised while marking unless it is proved it cannot be considered in evidence for which there is no waiver, thereby even no objections raised on mode or method of proof there is no waiver to consider document proved or not from objection can be raised on proof at any time but for on the objection as to nature of document for its admissibility if not raised while marking that amounts to waiver.

Finally, from Para 18,

18. From these expressions, even once the certified copy to a certified copy is within the meaning of secondary evidence and any objection to exhibit secondary evidence though in Shalimar Chemicals Supra says to decide instantly for admissibility, from the earlier expressions categorically held directing all courts to follow particularly from Bipin Shanti Lal supra and in Afzal Guru supra that but for objections on stamp duty and registration to decide instantaneously any other objection raised while marking is to record as subject to objection to decide ultimately at the end of trial and not to decide instantaneously and thus against said conclusion arrived by the lower Court, there is nothing to sit in revision against the impugned orders of the lower Court.

 

Sri Kathi Narsinga Rao Vs Kodi Supriya and Anr on 29 Sep 2016

Citations : [2016 SCC ONLINE HYD 346]

Other Sources :

https://indiankanoon.org/doc/115678797/

https://www.casemine.com/judgement/in/58ae76214a9326593c4a168c

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Bipin Shantilal Panchal Vs State of Gujarat and Anr Objections During Witness Cross Examination Sandeep Pamarati Sri Kathi Narsinga Rao Vs Kodi Supriya and Anr | Leave a comment

Jangala Sambasiva Rao Vs State of AP and Anr on 28 Oct 2020

Posted on November 14, 2020 by ShadesOfKnife

Justise Lalitha Kanneganti held that there is violation of Guidelines issued in Arnesh Kumar in effecting an arrest without complying with 41A CrPC procedure and held demanded reports from both Police belonging to concerned PS and also the Magistrate who mechanically issue Judicial custody.

Jangala Sambasiva Rao Vs State of AP and Anr on 28 Oct 2020

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

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Arnesh Kumar Vs State Of Bihar and Anr CrPC 41A - Notice of appearance before police officer Jangala Sambasiva Rao Vs State of AP and Anr | Leave a comment

Dr Nallapareddy Sridhar Reddy Vs State of AP and Ors

Posted on November 9, 2020 by ShadesOfKnife

AP High Court held that u/s 216, Trial Court well within it’s power to frame additional charges based on additional charge sheet filed by police, even when the case is pending pronouncement of judgment. But since the procedure contemplated was not followed by Magistrate, High Court set aside the second set of charges framed on accused and directed the Magistrate to follow the procedure contemplated u/s 217.

Dr Nallapareddy Sridhar Reddy Vs State of AP and Ors on 01 June 2017

But then, Revision-Petitioner went to Supreme Court and there also he lost.

Dr Nallapareddy Sridhar Reddy Vs State of AP and Ors on 21 January 2020
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 216 - Court May Alter Charge Dr Nallapareddy Sridhar Reddy Vs State of AP and Ors Reportable Judgement or Order | Leave a comment

3 ACES Hyderabad Vs Municipal Corporation Hyderabad on 2 Sep 1994

Posted on October 31, 2020 by ShadesOfKnife

A 3-judge Full bench of High Court of Andhra Pradesh had passed these guidelines for Municipal bodies in regards to Demolition of structures.

When the Corporation comes to the conclusion, keeping the above guidelines in view, that the construction in question is required to be demolished or pull down, it should follow the procedure indicated below:

(i) The demolition should not be resorted to during festival days declared by the State Government as public holidays excluding Sundays. If the festival day declared by the Government as a public holiday falls on a Sunday, on that Sunday also, the Corporation should not resort to demolition.

(ii) In any case, there should not be any demolition after sun set and before sun rise.

(iii) The Corporation should give notice of demolition as required by the statute fixing the date of demolition. Even on the said date, before actually resorting to the demolition, the Corporation should give reasonable time, depending upon the premises sought to be demolished, for the inmates to withdraw from the premises. If within the time given the inmates do not withdraw, the Corporation may proceed with actual demolition;

These guidelines are laid down in view of the fact that the Corporation is a public authority and its action must be tested on the touchstone of fairness and reasonableness.

3 ACES Hyderabad Vs Municipal Corporation Hyderabad on 2 Sep 1994

Citations : [LQ 1994 HC 3056], [1995 AIR AP 17], [1995 ALD 1 1], [1994 SCC ONLINE AP 176], [1994 AP LJ 2 194], [1994 (3) ALT 73 (FB)]

Other Sources :

https://indiankanoon.org/doc/1602396/

https://www.casemine.com/judgement/in/5608f72ee4b014971113f5be

https://www.legitquest.com/case/3-aces-hyderabad-v-s-municipal-corporation-of-hyderabad/36BCA

https://www.lawyerservices.in/3-ACES-HYDERABAD-VERSUS-MUNICIPAL-CORPORATION-OF-HYDERABAD-1994-09-02

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 3 ACES Hyderabad Vs Municipal Corporation Hyderabad 3-Judge (Full) Bench Decision Directions against Demolition Reportable Judgement or Order | Leave a comment

GITAM Vs State of AP

Posted on October 28, 2020 by ShadesOfKnife

Suddenly, the District administration wakes up to the fact that certain portion of the land in use by the GITAM University was unauthorized and decides to demolish in the early dead night hours on 24th October, 2020.

On 2020-10-24, House Motion petition is moved and an interim Stay order was passed at 7.30PM

2020-10-24 GITAM Vs State of AP

On 2020-10-25, Stay was further continued until next date; Both parties directed not to demolish/construct any structures till that time

2020-10-25 GITAM Vs State of AP
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged GITAM Vs State of AP Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

Anne Sudheer Babu Vs State of Andhra Pradesh

Posted on October 2, 2020 by ShadesOfKnife

A false allegation/propaganda of Insider Trading in Amaravati Lands was hoisted and CID, AP has registered an FIR against Thallur Ex-MRO Anne Sudheer Babu and other. This is the FOR Quash petition u/s 482 CrPC/


A little briefing about Sudheer Babu

https://timesofindia.indiatimes.com/city/hyderabad/MRO-records-capital-regions-rich-past-in-book/articleshow/46731597.cms

 


Supreme Court requested AP HC to expedite the case here. Didn’t vacate the stay though. The minions are celebrating though.


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

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Anne Sudheer Babu Vs State of Andhra Pradesh Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

C Aswini Dutt Vs State of AP

Posted on September 29, 2020 by ShadesOfKnife

Without paying compensation for the land grabbed to the tune of 40 Acres, the State Government permitted Airports Authority of India to proceed with Expansion of Gannavaram Airport.

Case No. WP 17656/2020


All the atrocities of State Government here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged C Aswini Dutt Vs State of AP Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

U.V. Krishnam Raju Vs State of AP

Posted on September 29, 2020 by ShadesOfKnife

Without paying compensation for the land grabbed to the tune of 31 Acres, the State Government permitted Airports Authority of India to proceed with Expansion of Gannavaram Airport.

Case: WP 17454/2020

 


All the atrocities of State Government here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Reprimands or Setbacks to YCP Govt of Andhra Pradesh U.V. Krishnam Raju Vs State of AP | Leave a comment

Rani Narasimha Sastry Vs Rani Suneela Rani on 05 Jan 2017

Posted on September 28, 2020 by ShadesOfKnife

Telangana High Court denied Divorce on the ground of Cruelty saying that,

14…..

Merely because the respondent has sought for maintenance or has filed a complaint against the petitioner for the offence punishable under Section 498-A of IPC, they cannot be said to be valid grounds for holding that such a recourse adopted by the respondent amounts to cruelty.”

Rani Narsimha Sastry Vs Rani Suneela Rani on 05 Jan 2017

Citations : 2017 SCC ONLINE HYD 714

Other Sources:

https://www.casemine.com/judgement/in/5e23459c46571b7222aa699a


Supreme Court granted Divorce here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Divorce Not granted on Cruelty ground Rani Narasimha Sastry Vs Rani Suneela Rani | Leave a comment

Smt. Nakka Nimmi Grace Vs Union of India

Posted on September 20, 2020 by ShadesOfKnife

The Petitioner is the Secretary of Mundadugu Praja Party from Visakhapatnam. She alleged that there is rampant phone tapping going on against VVIPs and Judges of High Court of AP.

 

Smt. Nakka Nimmi Grace Vs Union of India on 18 Aug 2020

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

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Phone Tapping of Judges Reprimands or Setbacks to YCP Govt of Andhra Pradesh Smt. Nakka Nimmi Grace Vs Union of India | Leave a comment

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