Wednesday, 29 October 2014

Erring Officials who commit errors by altering entries in the ROR without following the due procedure should not be with leniently – The party who has been put to irreparable loss and mental agony be compensated by paying the compensation amount by the state in the first instance and recovering the same from the officers responsible for the same



ALT 2014(1) ALT Vol CLXXXVII 15th February 2014 Part-4. Index

Page- 16 : Quotable Points – Erring Officials who commit errors by altering entries in the ROR without following the due procedure should not be with leniently – The party who has been put to  irreparable loss and mental agony be compensated by paying the compensation amount by the state in the first instance and recovering the same from the officers responsible for the same. –HC 123

in case of accident the liability is on the person who purchased on the vehicle as per sale of goods act though registration is not transferred on his name.



MACMA- 674 of 208 decided on 02-03-209 High Court of A.P- 2011 ACJ 1076    Uppala Muralidhar Rao, Vs K.Bla Krishna Reddy and others. The transfer of ownership of a vehicle is matter governed not by the MV Act but by the provisions of the sale of goods act. Transfer made in accordance with the sale of Goods act must preceded registration certificate and that certificate is not document of title. It  follows therefore that, what is essence is the actual transfer of the property in the vehicle and not the certificate of registration.  Therefore in case of accident the liability is on the person who purchased on the vehicle as per sale of goods act though registration is not transferred on his name.

No person can sink well within a distance of (250) meters from the Public drinking water source without obtaining permission from the competent authority



Sinking of Well - No person can sink well within a distance of (250) meters from the Public drinking water source without obtaining permission from the competent authority under section 10 of WALTA Act 2002.- 2013(6) ALT 280 (D.B) W.P .No. 27989 of 2013 date 26-09-2013

Celluor Towers cannot be erected on roof tops of multi stories apartments/buildings which endanger the building or the lives o residents therein



Celluor Towers cannot be erected on roof tops of multi stories apartments/buildings which endanger the building or the lives o residents therein -2013(6) ALT 493(D.B) W.P. No.23228 of 2007. P.Varalaxmi Vs Commissioner &Spl. Officer, GHMC, HYd.

mere utterance of caste name does not constitute offence under sc/st act



2013 (2) ALD (Crl.) 535 (AP) – Anticipatory bail in SC/ST Cases- Section 18 discussed. – mere utterance of caste name does not constitute offence. 2013 vol. clxxxv 15th October, 2013(5) ALT

Land Assigned to Ex-Servicemen under DKT patta can be permitted to be alienated after 10 years of assignment



ALT 2013 (3) 500 WP 38504 of 2012 date 21-12-2012 – Land Assigned to Ex-Servicemen under DKT patta can be permitted to be alienated after 10 years of assignment

mere digging of earth for purpose not connected with the mining activity cannot result in obligation to pay Seigniorage fee



ALT 2013 (3) 602 WP 3813 of 2012 date 22-12-2012 - Seigniorage fee not required for building constructions – mere digging of earth for purpose not connected with the mining activity cannot result in obligation to pay Seigniorage fee

Suit for cancellation of document which creates any right, title or interest in immovable property – Value of property for which document was executed and not, its market value is irrelevant for the purposed of the Court Fee.,



AIR 2010 Supreme Court 2777 Civil Appeal No. 4347 of 2010 arising out of S.L.P.(C) No. 3597 of 2009 (Kerala) –Court Fee- Determination of market value of Property – Suit for cancellation of document which creates any right, title or interest  in immovable property – Value of property for which document was executed and not, its market value is irrelevant for the purposed of the Court Fee.,

proper Fee Payable in appeal or suit. – Only pleadings made in the plaint or WS are to taken into consideration to decide the proper court fee payable.



ALT 2013(3)  - 301 (D.B), 15TH May 2013 – CCCA NO. 225 of 2008 date 22-08-2012.
A.P. Court Fee and Suit Valuation Act, 1956 – section  11 and 34 – proper Fee Payable in appeal or suit. – Only pleadings made in the plaint or WS are to taken into consideration to decide the proper court fee payable.

Tahasildar has no jurisdiction to issue Family Member certificate



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

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



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.

Unregistered document can be used for the collateral purpose to the limited extent of showing possession/nature/character of possession over the suit schedule property

 HON'BLE JUSTICE LAXMI NARAYANA ALISHETTY  C.RP.No.725 of 2023  Between: Asma Mahmood Quadri, W/o Syed Mehamood Quadri … Petitioner  And...