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True Colors of a Vile Wife

Tag: Legal Procedure Explained – Interpretation of Statutes

D. Velusamy Vs D. Patchaiammal on 21 October 2010

Posted on May 15, 2020 by ShadesOfKnife

Justice Katju held as follows:

33. In our opinion a ‘relationship in the nature of marriage’ is akin to a common law marriage. Common law marriages require that although not
being formally married :-
(a) The couple must hold themselves out to society as being akin to spouses.
(b) They must be of legal age to marry.
(c) They must be otherwise qualified to enter into a legal marriage, including being unmarried.
(d) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.

In our opinion a ‘relationship in the nature of marriage’ under the 2005 Act must also fulfill the above requirements, and in addition the parties
must have lived together in a ‘shared household’ as defined in Section 2(s) of the Act. Merely spending weekends together or a one night stand would not make it a ‘domestic relationship’.

D. Velusamy Vs D. Patchaiammal on 21 October 2010

Citations: []

Other Source links:

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to D. Velusamy Vs D. Patchaiammal In the Nature of Marriage Landmark Case Legal Procedure Explained - Interpretation of Statutes PWDV Act Sec 2(f) - Domestic Relationship Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Santosh Prasad Vs The State of Bihar on 14 February 2020

Posted on May 11, 2020 by ShadesOfKnife

Supreme Court discussed who can be a Sterling witness on whose deposition can a conviction be based and this packed this false rape case into Dustbin.

Santosh Prasad Vs The State of Bihar on 14 February 2020

Citations: [AIR 2020 SC 985]

Other Source links: https://indiankanoon.org/doc/68886715/ or https://www.indianemployees.com/judgments/details/santosh-prasad-santosh-kumar-versus-the-state-of-bihar

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Santosh Prasad Vs The State of Bihar Sterling Witness | Leave a comment

New India Assurance Co Ltd Vs Hilli Multipurpose Cold Storage Pvt Ltd on 4 March 2020

Posted on May 10, 2020 by ShadesOfKnife

Justice Vineet Saran sitting in a 5-Judge bench delivered this reference judgment on the following two questions of law.

Question-1

Whether the District Forum has power to extend the time for filing of response to the complaint beyond the period of 15 days, in addition to 30 days, as envisaged under Section 13(2)(a) of the Consumer Protection Act?

Answered as follows:

To conclude, we hold that our answer to the first question is that the District Forum has no power to extend the time for filing the  response to the complaint beyond the period of 15 days in addition to 30 days as is envisaged under Section 13 of the Consumer  Protection Act

Question-2

What would be the commencing point of limitation of 30 days under Section 13 of the Consumer Protection Act, 1986?

Answered as follows:

the answer to the second question is that the commencing point of limitation of 30 days under Section 13 of the Consumer Protection Act would be from the date of receipt of the notice accompanied with the complaint by the opposite party, and not mere receipt of the notice of the complaint.

New India Assurance Co Ltd Vs Hilli Multipurpose Cold Storage Pvt Ltd on 4 March 2020

Citations: [AIR 2020 SC 1267], [2020 SCC OnLine SC 287]

Other Source links: https://indiankanoon.org/doc/96395504/ or https://www.casemine.com/judgement/in/5e69d2383321bc624fea2d34

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 5-Judge Constitutional Bench Decision CP Act 13(2) - Commencement of the Period of Limitation Landmark Case Legal Procedure Explained - Interpretation of Statutes Mandatory or Directory New India Assurance Co Ltd Vs Hilli Multipurpose Cold Storage Pvt Ltd Reportable Judgement or Order Sandeep Pamarati Work-In-Progress Article | Leave a comment

Md. Rustum Alam @ Rustam Vs State of Jharkhand on 27 April 2020

Posted on April 28, 2020 by ShadesOfKnife

Jharkhand High Court (Single Bench) has quashed and set aside 3 Orders of Magistrate Court issued under Sections 73, 82 and 83 of the Code of Criminal Procedure 1973, they being with out any application of mind, issued in mechanical manner and with out any reasons recorded as necessary by Code/Law.

From Para 3,

3. The main contention of the petitioners is that the Court below, in a most mechanical manner issued non-bailable warrant of arrest. In the similar
manner the process under section 82 of the Code and thereafter attachment order in terms of Section 83 of the Code have been issued. It is their  contention that, even without receipt of the service report of bailable warrant of arrest, non-bailable warrant of arrest have been issued against the petitioners.
Similarly, without there being any service report of non-bailable warrant of arrest, process under Section 82 of the Code has been issued. Further, without any service of the process under Section 82 of the Code, attachment order in terms of Section 83 of the Code has been issued. It is also the  case of the petitioners that the processes are being issued in utter violation of the respective provisions laid down in the Code, i.e. Sections 73, 82 & 83 thereof, thus, these orders need to be set aside.

 

Md. Rustum Alam @ Rustam Vs State of Jharkhand on 27 April 2020

Disclaimer:

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or Government websites.

I have no control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in it’s entirety, not I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Posted in High Court of Jharkhand Judgment or Order or Notification | Tagged Catena of Landmark Judgments Referred/Cited to CrPC 482 - Quash CrPC 73 - Warrant may be directed to any person CrPC 82 - Proclamation For Person Absconding CrPC 83 - Attachment of property of person absconding Issue of Non-Bailable Warrant Issue Of Warrant Legal Procedure Explained - Interpretation of Statutes Md. Rustum Alam @ Rustam Vs State of Jharkhand Non-Bailable Warrant Quashed Order Quashed | Leave a comment

Revanasiddappa and Anr Vs Mallikarjun and Ors on 31 March 2011

Posted on April 23, 2020 by ShadesOfKnife

Supreme Court was constrained to take a view different from the one taken by it in Bharatha Matha on Section 16(3) of the Hindu Marriage Act.

From Para 41,

41. In the instant case, Section 16(3) as amended, does not impose any restriction on the property right of such children except limiting it to the property of their parents. Therefore, such children will have a right to whatever becomes the property of their parents, whether self acquired or ancestral.

But thankfully, referred the matter to a larger bench in March 2011.

43. We are, therefore, of the opinion that the matter should be reconsidered by a larger Bench and for that purpose the records of the case be placed before the Hon’ble the Chief Justice of India for constitution of a larger Bench.

Revanasiddappa and Anr Vs Mallikarjun and Ors on 31 March 2011

Citations: [2011 SCJ 4 4], [2011 AIOL 244], [2011 CTC 2 810], [2013 ILR 4291], [2011 SCC 11 1], [2011 MWN CIVIL 3 528], [2011 MLJ 5 392], [2011 GLH 1 757], [2011 JCR SC 2 259], [2011 CLT SC 112 469], [2011 LW 3 255], [2011 SCALE 4 189], [2011 SCR 4 675], [2011 AIC 101 73], [2011 SCSUPPL CHN 4 50], [2011 AIR SC 2447], [2011 CALLT 3 58], [2011 KCCR 2 1531], [2011 AIR SC SUPP 155], [2011 JT SC 4 90], [2011 AWC SC 3 3126], [2011 UJ 2 1342], [2011 SCC CIV 3 581], [2011 KERLT 2 176], [2011 CGLRW 2 13], [2011 CUTLT 112 469], [2011 GUJ LH 1 757], [2011 ALR 86 450], [2011 RLW SC 3 2547], [2012 CCC SC 4 279]

Other Source links: https://indiankanoon.org/doc/138849/ or https://www.casemine.com/judgement/in/5609aef4e4b014971141545b


The current status of this case is as follows:

12574_2003_8_5_21000_Order_24-Feb-2020

The earlier Judgment contradicted by this one is Bharatha Matha and Anr Vs R. Vijaya Renganathan and Ors here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to HM Act 11 - Void marriages HM Act Sec 16 - Legitimacy of Children of Void and Voidable Marriages Legal Procedure Explained - Interpretation of Statutes Obiter Dicta Referred to Large Bench Reportable Judgement or Order Revanasiddappa and Anr Vs Mallikarjun and Ors | Leave a comment

Bharatha Matha and Anr Vs R. Vijaya Renganathan and Ors on 17 May 2010

Posted on April 23, 2020 by ShadesOfKnife

Supreme Court has settled the following question of law:

the question of inheritance of co-parcenery property by the illegitimate children, who were born out of the live-in-relationship, could not arise.

Bharatha Matha and Anr Vs R. Vijaya Renganathan and Ors on 17 May 2010

Citations: [2010 AIR SCC 2685], [2010 AIR SCC 0 3503], [2010 CTC 3 654], [2010 JT 5 534], [2010 RCR CIVIL 3 252], [2010 SCCC 11 483], [2010 AD 6 478], [2010 SCC 0 515], [2010 SCCJ 5 442], [2010 ALT 5 4], [2010 LW 4 791], [2010 MLJ 7 953], [2010 SLT 4 419], [2010 AIOL 333], [2010 SCALE 6 53], [2010 SUPREME 4 433], [2010 SCCC CIV 4 498], [2010 AIC 91 54], [2010 CALLJ 2 176], [2010 ALR 81 230]

Other Source links: https://indiankanoon.org/doc/1513913/ or https://www.casemine.com/judgement/in/5609aee7e4b0149711415176


This is contradicted (but NOT overruled) in Revanasiddappa And Another v. Mallikarjun And Others here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Bharatha Matha and Anr Vs R. Vijaya Renganathan and Ors Catena of Landmark Judgments Referred/Cited to CPC 200 - Second Appeal Evidence Act 112 - Birth During Marrige Conclusive Proof of Legitimacy HM Act 11 - Void marriages HM Act 5 - Conditions for a Hindu Marriage Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Revanasiddappa and Anr Vs Mallikarjun and Ors | Leave a comment

Mangayarkarasi Vs M Yuvraj on 03 March 2020

Posted on April 19, 2020 by ShadesOfKnife

Supreme Court said that, acquittal from a false criminal case…

From Para 15,

15. It cannot be in doubt that in an appropriate case the unsubstantiated allegation of dowry demand or such other allegation has been made and  the husband and his family members are exposed to criminal litigation and ultimately if it is found that such allegation is unwarranted and without  basis and if that act of the wife itself forms the basis for the husband to allege that mental cruelty has been inflicted on him, certainly, in such  circumstance if a petition for dissolution of marriage is filed on that ground and evidence is tendered before the original court to allege mental cruelty it could well be appreciated for the purpose of dissolving the marriage on that ground.

Mangayakarasi Vs M Yuvraj on 03 March 2020

Citations: [

Other Source links: https://indiankanoon.org/doc/39962638/


Index of Divorce Judgments here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Baseless charges Against Spouse is Cruelty Filing False Criminal Complaints causes Mental Cruelty Landmark Case Legal Procedure Explained - Interpretation of Statutes Mangayarkarasi Vs M Yuvraj Reportable Judgement or Order | Leave a comment

Circus feats of the YCP Govt of Andhra Pradesh

Posted on April 16, 2020 by ShadesOfKnife

A curated list of mangled-up decisions of incumbent YCP Govt. of Andhra Pradesh and the consequences suffered by public thereof and how Hon’ble Courts and Tribunals of this Great Nation did their best to protect State of Andhra Pradesh and it’s people. For legal litigation against incumbent Chief Minister in his personal capacity, go here.

Disclaimer: These are many more which I may not be aware of or may not have details to capture on this page. If you want to share such information, please use the Contact me page.

 

1. Destruction of Prajaa Vedika

 

2. Review of Power Purchase Agreements

 

 

3. Reduction of Z+ category security cover for Opposition Leader N. Chandrababu Naidu

 

4. Reverse Tendering in Polavaram HydroPower Project Contract

 

 

5. Disclose Government Stand on Swiss Challenge

 

 

6. Failure in Transferring of Lands to Bundar Port

 

 

7. Give reasons for removal of Agricultural Market Yard Chairmen

 

 

8. Direction to APERC to finalize Power prices

 

 

9. Decision by Executive Council in contrary to Universities Act

 

 

10. What is action taken by Government when School uniforms and text books are sold for inflated prices?

 

 

11. What is the Government policy to allocate Government lands to Private individuals and Organizations?

 

 

12. Notices to Botsa and Buggana on the Committee regd Capital Amaravati

 

 

13. Not conducting Panchayat Elections even after High Court directions

Finalize reservations before Jan 7th 2PM and share with SEC

BC reservations reduced to 24% from 34%

 

 

14. Basis/norm for giving payment for Pasters, Imams and Mauzans

 

 

15. Cannot dissolve Temple Boards as per Government wish

 

 

16. Why payments to Solar and Tidal Power Generation companies are pending?

  • High Court says, APSPDCL should immediately Pay the pending dues to Solar, Tidal Power Generation companies, as committed to them to be paid in 4 weeks here.

 

 

17. Liquor Prohibition

  1. Bars reduced from 840 to 530. Madya vimochana Prachara Committee. Not sure how much of public funds are grabbed under this guise. Fake brands. Exponential rates.
  2. Why no reduction in retail liquor business in AP in Prohibition is target? What is the reason for reducing bars? 04-12-2019
  3. Why advance notice not issued to Bar owners before reducing them?
  4. Stay on Old Bar licenses and Issue of New Licenses

 

 

 

18. YCP Colors to Panchayat Buildings

    • Muppa Venkateswara Rao Vs State of AP on 10 March 2020 [WP(PIL) allowed by AP High Court]
    • State of AP Vs Muppa Venkateswara Rao on 23 March 2020 [SLP dismissed by Supreme Court]
    • G.O. Ms. No. 623 [Guidelines on Colour combination theme for painting of Gram Panchayat Buildings; Attempted Disguising Technique: Colours representing Various revolutions]
    • Suryadevara Venkata Rao Vs State of AP on 05 May 2020 [High Court suspended the G.O. Ms. No.623 and it’s implementation]
      • Final Order here. [G.O. Ms. No.623 is quashed]
    • State of AP Vs Suryadevara Venkata Rao on 03 June 2020 [Supreme Court dumped the Civil Appeal against above High Court Judgment]

 

 

19. Mandatory English medium in School Education system

    • High Court: Will recover funds spent on Printing Academic books, running of classes from responsible officers.
    • Dr. Srinivas Guntupalli Vs State of Andhra Pradesh and Ors on 15 April 2020 [G.O Issued by Govt of Andhra Pradesh is held to by lacking total application of mind]
    • G.O. Ms. No.20 [Collect feedback from Parents of Children regd their preference for Medium of Instruction in all Government schools in the State – Dt 21 April 2020; Attempted Disguising Technique: Parents will choose English this time as their preferred medium of teaching for their children]
    • Supreme Court

 

20. How can you appoint In-charge Chairman where is an incumbent Chariman for APPSC?

  • No one interferes in the duties of APPSC Chairman Uday Bhaskar

 

 

21. Damodar Naidu has qualifications to become V.C. Dismissal of Petitions challenging his appointment

 

 

22. Suspension of Jasthi Krishna Kishore

 

 

23. First installment of Rs. 1845 Crores received under NREGS for 2019-20 from Central Government not deposited into Gram Panchayats. Deposit within 1 month.

 

 

 

24. Three Capital Cities for Andhra Pradesh

  1. Why impose section 144 CrPC on peacefully agitating farmers for Amaravati?
  2. Why violence was unleashed on women protesters and no women police to apprehend them?
  3. No movement of Government offices from Amaravati until the petitions about Capital city are pending. If moved, State Government and Department Officials will be liable for consequences and spent amount will be recovered from personal pockets.
  4. Submit all reports from GN Rao Committee and BCG.
  5. Andhra Pradesh to have 3 Capital cities (Kurnool-Judicial Capital, Visakhapatnam-Administrative/Executive Capital and Amaravathi-Legislative Capital)
    • Bill #1
    • Bill #2
    • Troubling farmers here.
  6. Rajadhani Rythu Parirakshnana Samithi challenged the Trifurcation of State in the guise of decentralized development/administration here.
    • State went to Supreme Court here on the Status Quo granted. How desparately irresponsible!!
    • Additionally, fandogs went to supreme court and got nice buttslaps here.
  7. Insider Trading Allegations case
    • Chekka Guru Murali Mohan and Anr Vs State of AP and Anr on 19 Jan 2021
      • State of AP Vs Chekka Guru Murali Mohan and Ors on 19 Jul 2021 (Supreme Court crushed the Petition!)

 

25. Revoke the GO pertaining to the appointment of EO for Sri Durgamalelswara Swamy temple, Vijayawada

 

 

 

26. YS Vivekananda Reddy Murder case

  • What are the objections in entrusting YS Vivekananda Reddy murder case to CBI? YS Jagan reddy himself demanded for CBI investigation while being a Opposition Leader. What is your current stand after coming to Power now?

 

 

 

27. GVMC Elections

  • When is the election notification for GVMC going to be announced?

 

 

 

 

28. Photos of YS Jagan Reddy on Panchayat Buildings

  • No photo of PM in Parliament, No Chief Justice photo in High Court. But why CM Photo on Panchayat Buildings? [Investigate these case laws: https://www.casemine.com/search/in/Common%20Cause%20advertisements%20public%20funds]

 

 

 

29. Navaratnaalu – Pedalaku illu

  1. High Court: Can not give Amaravati lands to landless poor. No one side game like this allowed.
  2. How can you grab lands of poor? Assigned lands turned into House sites? Grab from one poor and dole out to another? KVPS Writ
  3. Trying to Grab Kakinada Mangrove forest area. Case details here. Attempted Disguising Technique: to construct homes for poor
    • Another set of cases here.
  4. Converting Poramboke lands into Assessed Waste lands in Kadapa. Case details here. Attempted Disguising Technique: to grant house sites to poor
  5. Land grab in East Godavavi District. Case details here. Attempted Disguising Technique: To construct Gram Sachivalayam, Raithu Bharosa Kendram, YSR Clinic
  6. Attempt to allot lands to people from Economically Weaker Sections out side Amaravati region here.
    • Summary dismissal at Supreme Court here.

 

 

 

30. Funds released under Central Employment Scheme

  • Why funds released under Central Employment Scheme for the year 2018-19 to the tune of Rs. 1134 Cr not disbursed?

 

 

 

31. Obstructing the peaceful tour of N Chandrababu Naidu in Vizag

  • DGP to be present in Court and give explanation how can notice be issued under section 151 CrPC.
  • Under what authority/rule was the notice under 151 CrPC issued to NCBN
  • Why no action is taken on officers who issues illegal notice under section 151 CrPC?

 

 

 

32. Withdrawal by MNCs

 

 

33. Trying to sell away Government Property

–

 

 

 

34. All TDP schemes renamed to YSR/Jagananna Schemes

NTR Vaidya seva Trust into YSR Arogya Sri

 

 

35. Shutter Down to Anna Canteens

 

 

36. Attempting to Abolish the Legislative Council of AP

 

 

37. Sand mining

 

 

38. Removal of L.V. Subramanyam

 

 

39. Non implementation of Disha Act

 

 

 

40. Special Status to AP

 

 

 

 

 

41. Decision of State Election Commissioner to postpone Panchayat Elections in AP by 6 weeks due to Pandemic nCOVID-19 (Coronavirus outbreak)

    • State of AP Vs AP State Election Commission on 18 March 2020 [Supreme Court did not interfere with the Decision of SEC to postpone Panchayat elections]
    • Andhra Pradesh Ordinance No. 5 of 2020 Promulgated on 10 April 2020 [Via this Ordinance, Rules were framed reducing SEC tenure from 6 years to 3 and making retired Judges only criteria to become a SEC, both squarely targetted to get Shri, Nimmagadda Ramesh Kumar out of SEC role and engage Sri Justice V.Kanagaraj, Retired High Court Judge, as SEC of A.P State Election Commission; Attempted Disguising Technique: Ordinance to reform SEC, not sack Ramesh]
      • The Ordinance No 5 of 2020 got quashed and along with it all other related GOs got kicked into drain, via [Dr N Ramesh Kumar IAS Vs State of AP on 29 May 2020].
      • State of AP Vs N Ramesh Kumar IAS and Ors [Supreme Court held that…]
      • State Election Commission also filed SLP which got tagged with above case here. So, no wastage of page for it.
    • N Ramesh Kumar Vs Nilam Sawhney and Ors on 17 July 2020 [Contempt Proceedings initiated against Chief Secretary Nilam Sawhney and others]

 

42. Violation of Lockdown Norms of MLAs and Cabinet Ministers of the incumbent party

    • Kishore Para Vs State of AP []

 

43. Styrene Gas Leakage in Vizag (Visakhapatnam) on the early hours 3.35AM on 07 May 2020 from LG Polymers

    1. First AP High Court says this…
    2. Then National Green Tribunal directs the company to deposit 50 Crores first and further says this.
      1. NGT ordered to appropriate the above 50 Crores.
    3. Then Supreme Court stays  the above NGT Order regarding appropriating the 50 Crores deposited by LG Polymers here.

 

44. Sale of TTD properties donated by devotees

 

 

45. Suspense of AB Venkateshwara Rao (DG) IPS

  1. The DGP of AP Police was suspended but AP High Court reinstated him back into service here.
    1. The routine began and the SLP was filed at Supreme Court which granted a Stay on the operation of the Order of High Court here. 4 Lakhs was paid to the Legal team of a Senior Counsel and a AoR.

 

46. Lack of medical equipment for Corona Warrior such as PPE Kits

  • Harassment to Dr Sudhakar [Since he was not in CBI/Police Custody, he was ordered to be released from the Mental Hospital]
  • AP Police have brought in more illegal rules than those in Bihar.

 

 

47. Change in electricity slabs

 

48. Reduction in Government Pension Holders

 

 

49. Baseless Quid Pro Quo Allegation in Amaravati land dealings

 

 

 

50. Scam in purchase of COVID-19 kits

 

 

 

51. Pre-recorded and heavily Edited name-sake Press meets

 

 

 

52. Pension at 45 years only

 

 

 

53. Baseless Allegation of Chandrababu Naidu Benami

 

 

54. Baseless Allegation Kodi-katti

 

 

55. Baseless Allegation of SC/ST sub-plan funds diversion

 

 

56. Baseless Allegation of 100 Crores corruption in Pattiseema project

 

 

57. Baseless Allegation that Estimations are increased in Polavaram project (Allegation)

  1. Totally forgetting the above Baseless allegations vehemently trumpeted, request was sent to PM, begging to approve the estimates (yes, same estimates which were passed during NCBN tenure in 2017-18) here.

 

 

58. YCP Trolls (Incl MLA and MP) attack the Judges of AP High Court

  • High Court of Andhra Pradesh Vs State of Andhra Pradesh [Trolling due to adverse order in English Medium case]

 

 

 

 

59. YCP MLA Alla Rama Krishna’s attempt to get TDP National Party Headquarters demolished

  • Alla Rama Krishna Reddy Vs State of Andhra Pradesh on 23 July 2020 [High Court questioned the Public interest in the PIL and dismissed it]

 

60. Delegation of powers to Secretaries of respective Departments to lodge complaints

  • GO is available here.

 

61. Filing of time-barred SLPs (invariably to spend public money on some benefactors)

Despite fully aware that the petition is hopelessly time-barred, SLPs are being filed at Supreme Court and Supreme clearly observed it and put it in it’s order for eternity here.

 

62. Usage of photographs of State Functionaries in Government-funded Advertisements

A PIL was filed seeking removal of Photos of Government functionaries such as CMs in Government-funded Advertisements here.

 

63. Appointment of N Harinath Reddy as Assistant Solicitor General for High Court of Andhra Pradesh

Adv Solomon Raju Manchala challenged the Appointment of N Harinath Reddy as Assistant Solicitor General for High Court of Andhra Pradesh here.

 

64. Depriving pregnant, Old women of pension

AP High Court Ordered the State government to make pension payments and ascertain the eligibility of the petitioners in Gram Sabha after giving opportunity to the petitioners here.

 

65. Filing of false cases for possession of liquor

AP High Court, while disposing a couple of writ petitions, has ordered the Government to implement G.O.No.411 in letter and spirit and the action of the State in registering the crime on the ground that the alcohol is brought into Andhra Pradesh from the neighboring State is held to be bad in law. Go here.

 

66. Baseless Criminal Cases on Journalists and Social Media

  1. A false case was registered by AP CID on Telugu One YouTube channel owner but High Court Quashed it with an elaborate lecture on what is Police duty (thereby what is NOT) here.

 

67. Baseless Criminal case of Ex-Attorney General

  1. A false case was registered against Ex Attorney General Dammalapati Srinivas here.
    • A Stay was granted against all further investigation and any coercive action on any of the alleged accused person.
  2. As usual, the stay was challenged in the Supreme Court here.

 

68. Tapping of Judges of AP High Court

  1. As the adverse orders against the ill-moves of State Govt are sky-rocketing on weekly basis, Govt seems to have stooped to Phone tapping of Judges. The case is here.
  2. High Court has scathing remarks against State Government to the tune of invoking Article 356 of Constitution of India… I am usre no better sense will prevail. Good for people of AP.

 

69. Land grabbing for Gannavaram Airport expansion, without paying Compensation to Land Owners

  1. State govt permitted Airports Authority of India (AAI) to proceed with expansion of Gannavaram airport without paying compensation for the land grabbed from
    • the veteran Cine Artist here.
    • the ace Cine Producer here.

 

70. Hounding of Thullur MRO Anne Sudheer Babu

For doing his duties, Thullur MRO Anne Sudheer Babu is being hounded fruitlessly.

  • AP HC had stayed all the proceedings until further order here.
  • As usual, the junta went to SC and got a favorable Order here. Or so minions think and celebrated.

 

71. Demolition of Property of GITAM University

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

  • Check out the proceedings here.

 

72. Arrest in violation of Arnesh Kumar judgment (41A CrPC)

For a facebook post, Jangala Sambasiva Rao was booked and arrested in just a day and the bozo Magistrate granted Remand too. High Court held that both Police and Magistrate violated the landmark precedent in Arnesh Kumar judgment and demanded reports from both here.

 

73. Government Guesthouse at Kapuluppada, Visakhapatnam

In a sly attempt to shift Executive Capital from Amaravati to Visakhapatnam, the State Government transferred 30 Acres from Greyhounds to Collector Visakhapatnam. High Court on a PIL, demanded Govt to produce complete set of plans before beginning alienation of lands here.

 

75. Review of all decisions taken by TDP Government

  • Varla Ramaiah garu filed a Writ in AP HC here and obtained an interim stay on the operation of G.O.Rt.No. 1411 Dt 26.06.2019 and G.O.Rt.No. 344 Dt 21.02.2020
  • State Government went to Supreme Court here.

 

76. Kidnaps of Public by Police – Multiple Habeas Corpus Petitions

There are multiple habeas corpus petitions filed in the High Court of Andhra Pradesh which alarmed the High Court and it wanted to check on the aspect of ‘breakdown of Constitutional machinery” under Article 356 of Constitution.

  1. Case 1 : Reddi Govinda Rao Vs State of AP and Ors here.
    • Supreme Court stayed the Order of AP High Court here.
  2. Case 2 : Rayidi Naga Lakshmi and Anr Vs State of AP and Ors here.

 

77. Sale of Government lands in the name of Mission Build AP

A PIL was filed to stay the same of government lands in a namesake scam called as Mission Build AP here.

 

78. Decision of State Election Commissioner to conduct Panchayat Elections in AP as the Pandemic nCOVID-19 (Coronavirus outbreak) subsided phenomenally in Andhra Pradesh.

  1. State Government got a stay on the Elections Schedule here from a single-judge bench.
    • Division bench set it aside here.
  2. The cabal, reportedly, went to Supreme Court here and got a facepalm, again.

 

79. Passing of Privilege Motion in AP Assembly against State Election Commissioner Sri Nimmagadda Ramesh Kumar for his letter/communication to AP Governor seeking action against rabid legislators who attacked SEC.

  1. Some Legislators got loose motions on the action being taken by SEC and vomit in press meets. SEC brought it to the notice of Governor via a Letter. This letter leaked to press. The Rabids got butt-hurt and moved a Privilege motion in Assembly (emailed it to Speaker). They seem to be depending on a Bombay High Court verdict in Nandlal case here.

 

80. SEC passed Order House Arresting an Advisor to Govt and prohibition on speaking with Media

  1. One of the many advisors was misusing his position to influence the officials working on Election duty so State Election Commissioner took him to task here.

 

 

81. Arrest of MP RaghuRama Krishnam Raju

  1. The Rebel MP of the YSRC Party was arrested on his birthday May 14th and was, as expected, tortured by the AP CID Police; Suo moto contempt proceedings initiated by AP High Court for not following the HC orders, news here.
  2. Later Supreme Court granted bail to him here.

 

82. MPTC, ZPTC Elections

  1. The Notification issued by the pet SEC of the the State Government was set aside a Single Judge Bench here.

 

83. Harassment to Anandaiah B who prepared and administered Ayurvedic medicine for COVID-related/induced difficulties

  1. AP High Court provided relief to Mr. Ananadaiah who was being harassed by the Police of AP here.

 

84. Punishment for headstrong Government Officials under Contempt of Court Act

  1. On 23 Jun 2021, AP High Court punished two officials (Panchayat Raj Commissioner Girija Shankar and horticulture commissioner Chiranjeevi Chowdary) of Government of AP, news here but later revised it to only fine news here and here.
  2. On 23 Jul 2021, AP High Court issued NBWs (non-bailable arrest warrants) against two IAS officials (Principal Secretary (Panchayat Raj) Gopala Krishna Dwivedi and BC Welfare department special chief secretary G Anantaramu) who were earlier part of Government of AP, news here.
  3. On 24 Jul 2021, AP High Court issued NBW to Finance Secretary Satyanarayana along with a fine of Rs.50,000/- but later fined only Rs.10/- and suspended the punishment, news here.
  4. On 02 Sep 2021, AP High Court punished 5 IAS officers (Manmohan Singh, Seshagiri babu, S S Rawat, Mutyla Raju) for contempt of Court along with fines news here.

 

85. Looting of natural resources

  1. On 26 Jul 2021, National Green Tribunal orders issuance of notices to the Looters of bauxite here.

 


Just a footer… :0)

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to Government Antics Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

Kehar Singh and Anr Vs Union of India and Anr on 16 December 1988

Posted on April 15, 2020 by ShadesOfKnife

This is the Writ Petition filed by one Kehar Singh who was accused and convicted for the consipracy and murder of Indira Gandhi on the following questions.

1. Whether there is justification for the view that when exercising his powers under Art. 72 the President is precluded from entering into the merits of a case decided finally by this Court.

2. To what areas does the power to scrutinise extend?

3. Whether judicial review extends to an examination of the order passed by the President under Art. 72 of the Constitution.

4. Whether the petitioner is entitled to an oral hearing from the President on his petition invoking the powers under Article 72.

Supreme Courts answers as,

We are of the view that it is open to the President in the exercise of the power vested in him by Art. 72 of the Constitution to scrutinise the evidence on the record of the criminal case and come to a different conclusion from that recorded by the court in regard to the guilt of, and sentence imposed on, the accused. In doing so, the President does not amend or modify or supersede the judicial record. The judicial record remains intact, and  undisturbed. The president acts in a wholly different plane from that in which the Court acted. He acts under a constitutional power, the nature of which is entirely different from the judicial power and cannot be regarded as an extension of it. And this is so, notwithstanding that the practical effect of the Presidential act is to remove the stigma of guilt from the accused or to remit the sentence imposed on him.

and…

It is apparent that the power under Art. 72 entitles the President to examine the record of evidence of the criminal case and to determine for himself whether the case is one deserving the grant of the relief falling within that power. We are of opinion that the President is entitled to go into the merits of the case notwithstanding that it has been judicially concluded by the consideration given to it by this Court.

Kehar Singh and Anr Vs Union of India and Anr on 16 December 1988

Citations: [1988 SUPP SCR 3 1102], [1989 SCC 1 204], [1989 SCALE 1 242], [1988 SCR SUPL 3 1102], [1989 MPJR SC 10], [1989 CRLJ SC 941], [1989 CRILJ 941], [1988 SCALE 2 1565], [1988 SCR SUPP 3 1102], [1989 AIR SC 653], [1989 CRIMES SC 1 238], [1989 PLJR 23], [1989 SCC CRI 86], [1988 JT 4 693]

Other Source links: https://indiankanoon.org/doc/1152284/ or https://www.casemine.com/judgement/in/5609aac9e4b014971140afa4


Disclaimer:

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

I have no control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in it’s entirety, not I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 5-Judge Constitutional Bench Decision Article 72 of The Constitution of India Indira Gandhi Murder Case Kehar Singh and Anr Vs Union of India and Anr Landmark Case Legal Procedure Explained - Interpretation of Statutes Operation Blue Star Reportable Judgement or Order Sensational Or Peculiar Cases | Leave a comment

Badshah Vs Urmila Badshah Godse and Anr on 18 October 2013

Posted on April 9, 2020 by ShadesOfKnife

Justice A.K.Sikri in a 2-judge bench had held that, for the purpose of claiming maintenance under Section 125, Cr.P.C., such a woman (who is not a legally wedded wife), is to be treated as the legally wedded wife.

From Para 25,

25. Thus, while interpreting a statute the court may not only take into consideration the purpose for which the statute was enacted, but also the mischief it seeks to suppress. It is this mischief rule, first propounded in Heydon’s Case[11] which became the historical source of purposive interpretation. The court would also invoke the legal maxim construction ut res magis valeat guam pereat, in such cases i.e. where alternative constructions are possible the Court must give effect to that which will be responsible for the smooth working of the system for which the statute has been enacted rather than one which will put a road block in its way. If the choice is between two interpretations, the narrower of which would fail to achieve the manifest purpose of the legislation should be avoided. We should avoid a construction which would reduce the legislation to futility and should accept the bolder construction based on the view that Parliament would legislate only for the purpose of bringing about an effective result. If this interpretation is not accepted, it would amount to giving a premium to the husband for defrauding the wife. Therefore, at least for the purpose of claiming maintenance under Section 125, Cr.P.C., such a woman is to be treated as the legally wedded wife.

Badshah Vs Urmila Badshah Godse and Anr on 18 October 2013

Citations: [2014 SCJ 2 779], [2014 CRILJ 1076], [2014 SCC 1 188], [2013 SCALE 12 681], [2014 CRLJ SC 1076], [2013 RCR CRIMINAL SC 4 764], [2013 CTC 6 86], [2014 AIR SC 256], [2014 NCC 1 238], [2013 RLW SC 4 3670], [2013 AIOL 3407], [2013 AD SC 11 9], [2013 RCR CIVIL SC 4 830], [2013 SCC ONLINE SC 946], [2014 JLJR SC 1 78], [2014 LW CRL 1 646], [2014 SCC CIV 1 51], [2013 JCC SC 4 2765], [2014 LW 2 936], [2013 ACR 3 3010], [2014 MPHT 2 499], [2014 GLH 1 273], [2013 KERLT 4 367], [2013 ALR 101 704], [2013 BOMCR CRI SC 4 616], [2013 SLT 9 543], [2013 DMC 3 518], [2014 ECRN 1 241], [2014 AIR SC 869], [2013 JT 13 570], [2013 AIC 132 108]

Other Source links: https://indiankanoon.org/doc/15901386/ or https://www.casemine.com/judgement/in/5609af37e4b0149711415daf


Earlier Chanmuniya judgment is here.


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Badshah Vs Urmila Badshah Godse and Anr Chanmuniya Vs Virendra Kumar Singh Kushwaha and Anr CrPC 125 or BNSS 144 - No Strict Proof of Marriage Required CrPC 125 or BNSS 144 - Women In Live-In Relationships Entitled To Maintenance Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

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