Thursday 18 June 2015

Useful citations for MV OP Claimants

1. Loss of estate - principles laid down in the case of Kalpanaraj & Ors . v . Tamil Nadu State Transport Corporation

2. Loss of consortium -principles laid down  in the case of Rajesh & Ors. v. Rajbir Singh & Ors.

3. To Children towards loss of love and affection due to the loss of their father(deceased) -  Juju Kuruvila & Ors. v. Kunjujamma Mohan & Ors.

4. To parents towards loss of love and affection of their deceased son -Principles laid down in the case of M. Mansoor & Anr v. United India Insurance Co. Ltd.

5. Interest on the compensation amount - principles laid down in the case  of Municipal
Corporation of Delhi v. Association of Victims of Uphaar Tragedy


Useful citation for Inam Lands -

Andhra High Court
K.G.Krishna Murthy (Died) Per ... vs The Joint Collector, Ranga Reddy ...
on 22 October, 2007
THE HONOURABLE SRI JUSTICE V. ESWARAIAH
Writ Petition No.2385 of 1998
Inams held by or for the benefit of charitable and religious institutions -no person shall be to be registered as occupant even in respect of occupant relating to Kabiz-e-Kadim, permanent tenants, protected tenants but the institution alone shall be entitled to be registered as an occupant of all Inam lands. Further any registration shall be deemed always to have been null and void and no effect shall be given to such registration.

Friday 5 June 2015

Some of useful citations



Impleading of Judge- Judge who passed an order in his judicial capacity cannot be made party in any proceedings filed against such order. HC-590-2014(3) ALT       Part-11                             01-06-2014(CLXXXIX)---------WP 6603 of 201 4 date 25-02-2014 A.PHC  Varuana Investment Port Louis Ms/ Asian Infrastructure.

Court has power to grant permission to non-lawyers to plead/argue cases in certain special circumstances and if such circumstances exist in particulate case HC-578-2014(3) ALT       Part-11                             01-06-2014(CLXXXIX)---------CRP 2191 of 2012 date 23-12-2013APHC.

Pecuniary jurisdiction for filing an appeal against decree in the suit is value of the suit and not the value of appeal which may include subsequent interest HC-459-2014(3) ALT       Part-11                             01-06-2014(CLXXXIX)---------CCCA(SR) no. 1172 of 2014 date 06-03-2014 APHC


IN case of  execution of documents by male, his left thumb impression be taken on the documents – If it is not possible, the impression of any other fingers of left hand be taken  on tit duly making endorsement to that effect. Only in case of amputation of left hand, the impression of right thumb cane be taken by making an endorsement to that effect.  HC-462-2014(3) ALT       Part-11                             01-06-2014(CLXXXIX)---------              LPA Nos. 180 and 182of 2002  date 21-01-2014 A.PHC

2013(5) ALT 489- WP no. 12441 of 2010 25-04-2013 d.leelavathi vs director of mines
Tahasildar has no jurisdiction to issue Family Member certificate

some of recent useful citations



Enforcement of order of maintenance by detention does not wipe out the liability  to pay.  3241 SC, WP Criminal 57/2014 Date: 06-05-2014, Subrata Roy s Union of India Para 59.

Application for statutory bail has to be decided on same date it is filed – SC 3952-Cr.A.No. 786/2010 Date: 30-06-2014- Union of India through CBI Vs Nirala Yadava – 2014 Crl.L.J 3952.

Witness Once recalled , does not prevent his further recall- 2014- Cr.L.J-4072 S.C, Crl. Appeal No. 1307/2014 arising SLP Crl. No. 8395 of 2012 Date: 03-07-2014 Manan sk & ors V State of West Bengal & Anr.


Ancestral Property – The property obtained by the coparcener on partition is ancestral joint family property in which sons born to him or adopted by him subsequently have rights of partition therein.2014(5)ALT 473- As 999/1995 and Trl.A.S.88/2010 date 28-04-2014 –agina chandra moulli vs agina varamma

Contract – If a contract contains any stipulation for transfer of property in case of breach of such contract, which is in the nature of penalty, the contract cannot be enforced 2014(5)ALT 608- CRP 1578 of 2009 and AS 2443 of 1999 date 27-12-2013 M. Ali baig Vs Kottalla Sanjeeva Reddy (Case on - Loan repayment agreement- in case of failure to get land registered on his name) character of document


Return of documents to third parties in criminal cases. - 2014(5)ALT 564- WP  No.4915 of 2014 date 20-02-2014  –peddapalem toddy co-operative society limited and govt of ap.

Transfers of Cases- The Principal Courts having power to make over cases filed before them to other courts for disposal shall group the identical cases and transfer them to a single court as far as possible to avoid conflicting judgments. 2014(5)ALT 559- MACMA 564 of 2009  date 09-06-2014, National insurance company Yanam vs muthyala bhaskara suraknathamma