3 years, 1 month ago

Where An Allegation Of Fraud Is Made, The Said Allegation Would Have To Be Proved Beyond Any Reasonable Doubt: Andhra Pradesh High Court

Live Law

The Andhra Pradesh Court vide order by Justice R. Raghunandan Rao recently ruled that where an allegation of fraud is made, the said allegation would have to be proved beyond any reasonable doubt. Anjaneyulu, Senior Counsel appearing for respondent, was that once the Executing Court had found that there was fraud, the natural consequences of such finding is that the judgment becomes a nullity and incapable of execution. The second contention of the respondent is that the petitioner earlier stated that it did not possess the original copy of the agreement but later produced the original document and this amounts to fraud. The court noted that it is a settled position of law that allegation of fraud has to be proved beyond reasonable doubt.

Fraud Order Agreement Respondent Document Petitioner Reasonable Doubt Pradesh Court Executing Executing Court petitioner original judgment allegation reasonable high doubt respondent proved pradesh court executing agreement fraud order document andhra

History of this topic

1 week ago

Telangana HC rules complaint against K Chandrasekhar Rao maintainable

New Indian Express

HYDERABAD: In a setback to former chief minister K Chandrasekhar Rao and former minister T Harish Rao, Justice K Lakshman of the Telangana High Court on Tuesday ruled that the revision petition filed by the late social activist Nagavelli Rajalingamurthy, accusing them of large-scale misappropriation of government funds during the construction of the Medigadda barrage, was maintainable. Before filing the …

1 month, 3 weeks ago

AP seeks dismissal of Margadarsi's petition; Telangana remains neutral

New Indian Express

HYDERABAD: Andhra Pradesh and Telangana have taken divergent stands on the continuation of criminal proceedings against Margadarsi Financiers and the late Ch. Following the Telangana High Court’s directive to both states to submit their stance on the matter, AP urged the court to dismiss the criminal petition filed by Margadarsi seeking quashing of the criminal proceedings against it and adjudicate …

3 months, 2 weeks ago

Legal Briefs | Telangana HC junks plea against SC sub-panel

Deccan Chronicle

HYDERABAD: Justice T. Vinod Kumar of the Telangana High Court junked a writ petition questioning the constitution of a Cabinet sub-committee to recommend the way ahead for implementing sub-classification of scheduled caste in the state. The judge heard a writ petition filed by Batthula Ram Prasad questioning the memo of September 12 by which a six-member committee was constituted to …

3 months, 2 weeks ago

Telangana HC Orders Disciplinary Action Against Revenue Officials For Altering Land Entries In Private Party's Favour Despite Status Quo Order

Live Law

The Telangana High Court has directed the State to take disciplinary action against revenue officials for altering revenue records and issuing a pattedar-passbook in favour of a respondent third party despite subsisting status quo orders which had been issued earlier. Therefore, the petitioner sought a direction to respondents to restore the entries in the revenue records in terms of the …

3 months, 2 weeks ago

Andhra Pradesh HC Grants Relief to Allu Arjun

Deccan Chronicle

It was contended that the FIR originated from a complaint by the deputy tahsildar of Nandyal, claiming that the visit of a Tollywood star to the MLA’s residence resulted in a large gathering, thereby breaching Section 144 of the CrPC and election code regulations. The Counsel for the petitioner would point out that the police had failed to apply due …

6 months ago

Odisha High Court slaps Rs 50,000 fine on firm for suppressing facts

New Indian Express

CUTTACK: The Orissa High Court has imposed a Rs 50,000 fine on a security service firm for filing a petition seeking intervention against Pattamundai municipality’s order terminating contract for providing service of sanitation in different wards without mentioning an earlier petition wherein, he had obtained an interim order. The petition filed by Chandan Security Services represented by Paresh Nath Das …

7 months ago

RDOs can’t reverse records: Telangana HC

Deccan Chronicle

Hyderabad: A two-judge panel of the Telangana High Court ruled that revenue divisional officers have no suo motu power to call for and examine the record of any recording authority and to modify, annul or reverse the same. It was the case of the petitioners in the PIL that the names of unofficial respondents were mutated in the revenue records …

10 months, 1 week ago

Plea Alleging Cruelty During Marriage Not Maintainable After Divorce: Andhra Pradesh High Court

Live Law

The Andhra Pradesh High Court has held that when a marriage has already been dissolved, a petition under 498A and section 3 of the Dowry Prohibition Act is not maintainable. The order was passed in a criminal revision petition filed by the accused and his parents challenging the dismissal order passed against their discharge petitions in a criminal case filed …

10 months, 3 weeks ago

Land Records Forgery: HC Seeks Details From Police

Deccan Chronicle

Hyderabad: The Telangana High Court on Wednesday directed the Telangana police to furnish details in the petition alleging that Botcha Sandeep, son of Botcha Satyanarayana, and others involved in forgery of revenue records in the tahsildar office to grab land admeasuring 31 acres in survey number 422 of Machanpally village of Shabad mandal in Ranga Reddy district. Justice B. Vijaysen …

11 months, 3 weeks ago

Fake Transfer Certificate, Fraudulent Practice Would Not Get Sanctity By Passage Of Time: Karnataka High Court

Live Law

A single judge bench of the Karnataka High Court comprising of Justice K.S. The Respondent filed a Writ Petition before the Karnataka High Court against the order of the labour court. This time Labour Court confirmed the dismissal order passed by the disciplinary authority and held that the order was proportionate to the proved misconduct as the petitioner had secured …

1 year, 1 month ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

1 year, 1 month ago

Prima Facie Proof Needed To Interpret S. 8 Invocation, M.P High Court Applies Prima Facie Approach, Dismisses Revision Based On Lack Of Proof

Live Law

The High Court of Madhya Pradesh bench comprising Justice Achal Kumar Paliwal dismissed a revision petition seeking to invoke Section 8 of the Arbitration and Conciliation Act, 1996 based on a dispute related to the transfer of cheques under a partnership deed. The High Court noted there was no record suggesting that the mentioned amount was provided to the Petitioner …

1 year, 2 months ago

Keep off civil disputes, HC tells police inspector again

Deccan Chronicle

Hyderabad: The Telangana High Court has reiterated its directions to police officials to refrain from entertaining any civil dispute plea. Justice C.V. Bhaskar Reddy directed the station house officer, Karimnagar Rural, and his subordinate officers not to interfere in civil disputes in a writ petition filed by Syed Moin. Cops silent despite HC order In a contrasting matter, Justice C.V. …

1 year, 3 months ago

HC Directs Govt To Reconsider Transfer of Employees From AP

Deccan Chronicle

Hyderabad: A two-judge bench of the Telangana High Court, comprising Chief Justice Alok Aradhe and Justice J. Anil Kumar, disposed of four similar writ petitions pertaining to the action of the State of Telangana in not according consent for permanent interstate transfers in pursuance of letter addressed by the State of Andhra Pradesh to the State of Telangana. HC Allows …

1 year, 3 months ago

'Fraud & Abuse Of Process Of Law': Telangana High Court Dismisses Appeal For Suppression Of Material Facts, Upholds 25K Costs

Live Law

A Division Bench of the Telangana High Court declined to interfere with a dismissal order passed by a single judge, wherein a fine of Rs 25000 was imposed on the petitioner for approaching the Court with unclean hands. In dismissing an appeal against the single judge's order Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti held the following: “If …

1 year, 4 months ago

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint

Live Law

Observing that where the complaint was dismissed and thereafter challenged in the revision petition the accused has right to be heard, the Punjab & Haryana High Court has set aside the order of a Session Court which was passed in revision petition without issuing process to the accused.Justice Jasjit Singh Bedi said, "A perusal of Section 401 Cr.P.C. Observing that …

1 year, 7 months ago

‘Prima Facie Forgery, No Equity For Practising Fraud Before Court’: Calcutta High Court Proposes Perjury Action Against School Headmaster

Live Law

The Calcutta High Court has dismissed a writ petition filed by the headmaster of Bora Junior High School and directed for a criminal investigation and trial against him, upon perusing expert evidence which prima facie indicated that signatures in one of the main documents relied upon by him, were forged. In dismissing the petition, and refusing to exercise equitable jurisdiction …

1 year, 7 months ago

Petitioner Fined for Using Public Law Remedy for Private Complaint

Deccan Chronicle

VIJAYAWADA: Justice G. Ramakrishna Prasad of the Andhra Pradesh High Court imposed cost of Rs 25,000 on Chintada Anuradha for using a public law remedy to clear a private grievance against the director of Vignana Education Development Society. The petitioner is the wife of the said director along with whom she claims to have registered an educational society. Soon thereafter …

1 year, 9 months ago

Allegation Of Forgery Of Document To Be Considered By Court, Complaint On Administrative Side Not Legally Sustainable: Kerala High Court

Live Law

The Kerala High Court has ruled that when a statute confers specific power upon a judicial officer to tackle a particular situation on the judicial side, the administrative authority would be precluded from entertaining the complaint and taking a decision on the administrative side. The Single Judge Bench of Justice Shaji P. Chaly made the above observation in a case …

1 year, 10 months ago

Supreme Court Sets Aside Andhra Pradesh High Court Order Which Stayed Probe Into Amravati Land Scam; Asks HC To Reconsider

Live Law

The Supreme Court on Wednesday set aside the Andhra Pradesh High Court order which stayed probe into the Amravati Land Scam, in a plea moved by the Andhra Pradesh government. The Andhra Pradesh government had challenged a High Court order passed in September 2020 staying the government orders sanctioning the constitution of a Special Investigating Team to probe into the …

2 years, 3 months ago

Supreme Court Quashes Criminal Proceedings As Complainant Availed Civil Remedy ; Clarifies This Order Not to Be Treated As Precedent

Live Law

The Supreme Court, in an judgment passed yesterday, quashed criminal proceedings against an accused in a cheating case after noticing that the complainant in fact availed civil remedy.The court however clarified that this order in the facts and circumstances of the present case and the same shall not be cited as a precedent.In this case, the complainant alleged that his …

2 years, 3 months ago

2012 rape-murder: 'Evidence ignored...' - SC's acquittal of convicts challenged

Hindustan Times

Nearly a month after the Supreme Court acquitted three men convicted by lower court in the gangrape and murder of a 19-year-old woman, the family has now sought review of the order. Last month, a three-judge bench headed by former Chief Justice of India Uday Umesh Lalit said, “Having regard to the totality of circumstances and the evidence on record, …

2 years, 5 months ago

Second Writ On Same Subject Without Disclosing Pending Litigation: Andhra Pradesh HC Imposes 1 Lakh Cost, Initiates Criminal Contempt Action

Live Law

The Andhra Pradesh High Court, while dismissing a second writ petition filed by the petitioner against the same respondents and for the same relief, observed that the filing of the second writ petition amounted to abuse of the process of the Court. The petitioner had approached the High Court praying for the issuance of the writ of mandamus directing the …

2 years, 6 months ago

Criminal Proceedings And Disciplinary Enquiry Can Go On Simultaneously: Andhra Pradesh High Court

Live Law

In a recent case, the Andhra Pradesh High Court placing reliance on multitude of decisions reiterated the point that disciplinary proceedings should not be stayed only on the sole ground that criminal proceedings are pending. Furthermore, Justice Ravi Nath Tilhari observed that the charges framed against the petitioner in the departmental proceedings were different from the charges in criminal proceedings …

2 years, 7 months ago

Civil Case & Criminal Proceeding Can Be Initiated Simultaneously Only If "Criminality" Is Involved: Jharkhand High Court

Live Law

The Jharkhand High Court has reiterated that both civil case and criminal proceeding can be initiated simultaneously with a rider that some sense of "criminality" is involved in the allegations. While allowing the petition, Justice Sanjay Kumar Dwivedi: "There is no dispute with regard to the fact that civil case and criminal proceeding can go simultaneously, if criminality is involved. …

2 years, 7 months ago

Illegality Can't Perpetuate On Mere Technicality, Writ Jurisdiction Can Be Exercised To Nullify Decree Obtained By Fraud On Civil Court: Madras HC

Live Law

The Madras High Court recently set aside an order passed by the civil court declaring title in favour of private respondents qua a government land, after observing that the order was obtained by committing fraud on the court. Justice Anand Venkatesh held that while exercising jurisdiction under Article 226 of the Constitution, the High Court can nullify the judgment and …

2 years, 9 months ago

Tribunals Like NGT Are Subordinate To A High Court ; Conflicting Orders Will Lead To Anomalous Situation: Supreme Court

Live Law

The Supreme Court observed that the Tribunals like National Green Tribunal is subordinate to High Courts. "In any case, no law is necessary to state that insofar as the Tribunals are concerned, they would be subordinate to the High Court insofar as the territorial jurisdiction of the High Court is concerned. The conflicting orders passed by the learned NGT and …

2 years, 10 months ago

Honourable Exoneration In Departmental Proceedings Would Warrant Quashing Of Criminal Prosecution Arising From Same Set Of Facts: Orissa High Court

Live Law

In a landmark decision, the Orissa High Court has held that honourable exoneration in departmental proceedings would warrant quashment of criminal prosecution which emanated from the same set of facts. While quashing criminal charges against the petitioner, a Single Judge Bench of Chief Justice Dr. S. Muralidhar held, "…in the facts and circumstances of the present case where on the …

2 years, 10 months ago

S.482 CrPC | Criminal Proceedings Can't Be Quashed If Specific Accusations Made Against Accused, Can't Conduct Roving Inquiry: Andhra Pradesh HC

Live Law

The Andhra Pradesh high Court reiterated that when there are specific accusations in the FIR, charge sheet and witness statement to police, the court does not have the jurisdiction to embark upon appreciation of material in a petition under Section 482 of CrPC. Justice K. Sreenivasa Reddy observed: "Prima facie when an accusation has been made, this Court would not …

2 years, 11 months ago

Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court

Live Law

The Madhya Pradesh High Court recently set aside the order of lower court allowing revision against rejection of application under Section 91 CrPC, reiterating that the impugned order was interlocutory in nature and therefore no revision lies against it. Justice Atul Shreedharan was dealing with an application under Section 482 CrPC, moved by the Applicant who was aggrieved by the …

2 years, 11 months ago

Writ Is Not A Proper Remedy For Seriously Disputed Question Of Facts That Are Matters Of Evidence: Andhra Pradesh High Court

Live Law

The Andhra Pradesh High Court recently dismissed the writ petition which brought up for consideration seriously disputed questions of facts that are matters of evidence, and held that the same falls outside the writ jurisdiction of the Court under Article 226 of the Constitution of India. Brief Facts of the case The Writ Petition was filed questioning the inaction of …

2 years, 11 months ago

Ultimate Aim Of Courts Is To Find The "Truth": Andhra Pradesh High Court Orders Exhumation Of Body For Fresh Postmortem

Live Law

In a recent writ petition, the Andhra Pradesh High Court directed the deceased's body to be exhumed and a fresh postmortem to be conducted as the medical evidence did not seem conclusive from the Police Case Diary. The Writ Petition was filed for Mandamus against respondents who were police officers for not conducting a free and fair investigation into Crime …

3 years ago

Writ Petition Is Not A Proper Remedy If There Are Seriously Disputed Questions Of Facts: Andhra Pradesh High Court

Live Law

In a recent case, a writ petition was dismissed as in the facts of the case there were seriously disputed questions for which evidence was required. The Respondent contended that the petitioners never approached since 1989 till the present Writ Petition was filed in 2021. There were seriously disputed questions of fact which could not be decided in a writ …

3 years, 1 month ago

Writ Court Can't Sit In Appeal Over Departmental Proceedings, Particularly When There Are Concurrent Findings On Charge: Jharkhand HC

Live Law

The Jharkhand High Court has recently reiterated that the writ court does not sit in appeal against the orders passed in departmental proceedings, particularly when there are concurrent findings concerning the proved charges. Referring to the precedent in Pravin Kumar v. Union of India, Justice Anubha Rawat Choudhary noted,"This Court finds that in the instant case the petitioner has not. …

3 years, 6 months ago

Andhra Pradesh High Court Quashes Amaravati Land Scam FIR Against Former Advocate General & Others

Live Law

The Andhra Pradesh High Court has quashed the FIR registered by the Anti-Corruption Bureau against former Advocate General Damallapati Srinivas and others in alleged Amaravati land scam.The FIR was registered alleging that the Srinivas and other accused had purchased large tracts of land in and around Amaravati, before it was announced as the new capital of the State of Andhra …

4 years, 2 months ago

'Abuse Of Process' : Karnataka High Court Dismisses Petition Seeking Criminal Action Against Azim Premji Under RBI Act

Live Law

The Karnataka High Court has dismissed a petition filed by a not for profit company named "India Awake for Transparency", challenging an order of the magistrate court dismissing its private complaint seeking directions to Reserve Bank of India to register a case against Wipro founder Azim Premji and others under the Reserve Bank of India Act. Further, it was said …

4 years, 2 months ago

Rtd Judge's Plea Andhra HC Inquiry Against Alleged Conspiracy To Destabilize Judiciary :SC Asks Petitioner To File Affidavit

Live Law

The Supreme Court on Monday required Retired Andhra Pradesh High Court Judge, Justice V. Eswaraiah to file an affidavit admitting that he did enter into an alleged private phone conversation with a suspended District Munsif Magistrate of Andhra Pradesh, into which an inquiry has been ordered by the High Court. After it was alleged that the phone call disclosed a …

4 years, 3 months ago

'We Find It Disturbing' : Supreme Court Stays Andhra High Court's Attempt To Examine 'Constitutional Breakdown' In AP

Live Law

The Supreme Court on Friday stayed the order of the Andhra Pradesh High Court whereby it had decided to examine if there is a "constitutional breakdown" in the State of AP. The development comes after a High Court Division Bench led by Justice Rakesh Kumar rejected an application filed by the State Government seeking recall of the said order. "I'm …

4 years, 3 months ago

Ex Judge Moves SC Against Andhra Pradesh HC Order for Probe into His Phone Conversation

News 18

A former Andhra Pradesh High Court judge has moved the Supreme Court against an order of the High Court directing a probe into an alleged phone conversation between him and a suspended trial court magistrate. The petition filed through lawyer Prashant Bhushan said that the special leave petition has been filed against the August 13 order of the Andhra Pradesh …

4 years, 4 months ago

SC stays high court’s gag order on media in Amravati land scam case

Live Mint

NEW DELHI: The Supreme Court on Wednesday stayed the Andhra Pradesh High Court's order barring the media from reporting on the contents of an FIR in the Amravati land scam issue. The apex court bench, headed by Justice Ashok Bhushan, passed the order on a plea filed by the Andhra Pradesh government challenging the 15 September high court order suspending …

4 years, 4 months ago

BREAKING : Supreme Court Stays Andhra Pradesh High Court's Gag Order On Media Reports & Social Media Comments On Amaravati Land Scam FIR

Live Law

The Supreme Court on Wednesday stayed the Andhra Pradesh High Court's gag order on media reporting and social media comments on the contents of the Amaravati land scam FIR. However, the Supreme Court has not interfered with the stay order passed by the High Court on the investigation into the FIR registered for Amaravati land scam. In the High Court, …

4 years, 4 months ago

Karnataka High Court Quashes Special Judge Order Referring Corruption Complaint Against Minister CT Ravi To ACB

Live Law

The Karnataka High Court has partly allowed a petition filed by Minister C.T. Justice John Michael Cunha quashed and set aside the order dated October 6, 2016, issued by the Special Court under the Prevention of Corruption Act, referring the complaint made before it under Sections 13 read with 13 of the Act, to the Superintendent of Police, Anti-Corruption Bureau, …

4 years, 5 months ago

Karnataka HC Refuses To Quash Corruption Case Against Former CM H D Kumarswamy [Read Order]

Live Law

The Karnataka High Court has refused to quash a criminal case registered against former Chief Minister, H D Kumarswamy, alleging that he denotified two different plots of land acquired by the Bangalore Development Authority, during his tenure as Chief Minister between June 2006 and October 2007, for pecuniary gains. Prosecution argued: Special Public Prosecutor Venkatesh S. Arbatti, submitted that all …

4 years, 6 months ago

[Breaking] Andhra Pradesh Govt. Moves SC Challenging AP HC's Stay Of FIR and Gag Order In Amaravati Land Case.

Live Law

Andhra Pradesh Government has moved the Supreme Court against High Court Order restraining any media reporting as to the FIR registered by the Anti-Corruption Bureau alleging corruption and illegal land transactions in relation to the shift of the capital to Amaravti following the bifurcation of the erstwhile state of Andhra Pradesh in 2014.On September 16, the Andhra Pradesh High Court. …

5 years, 1 month ago

High Courts Weekly Round-Up

Live Law

Allahabad High Court Marital Status Of A Daughter Alone Not A Ground For Rejecting Claim For Compassionate Appointment: Reiterates Allahabad HC The Lucknow bench of the Allahabad High Court has reiterated that marital status of a daughter alone cannot be the ground for rejecting her application for compassionate appointment in terms of The U.P. ● Karnataka High Court After Ten …

5 years, 3 months ago

'Equity Can't Bend Arms Of Law Where An Individual Acquires Status By Fraud'; HP HC Condemns Suppression Of Material Facts [Read Judgment]

Live Law

Taking a stern approach against parties resorting to suppression of material facts before the court, the Himachal Pradesh High Court observed, "Person who seeks equity must come with clean hands. While setting aside the application for condonation of delay, Justice Tarlok Singh Chauhan said, "it is settled law that a person who approaches the Court for grant of relief, equitable …

6 years, 11 months ago

Lawyers Routinely Giving Certificates For Filing Review Petitions Defeats Purpose Of Trusting Them With The Task: Delhi HC [Read Order]

Live Law

The Delhi High Court, on Tuesday, rapped litigants for making it a habit of filing review petitions without understanding whether the case was fit for it. This is being stated by this Court because filing of review petition has now become almost a habit with respect to certain litigants," Justice Valmiki J. Mehta observed.The Court also scorned. This is being …

6 years, 11 months ago

Lawyers Routinely Giving Certificates For Filing Review Petitions Defeats Purpose Of Trusting Them With The Task: Delhi HC [Read Order]

Live Law

10 years, 8 months ago

Accused cannot be deprived of Hearing in a Criminal Revision Petition: Supreme Court [Read the Judgment]

Live Law

A Supreme Court bench comprising of Justice T.S. Thakur and Justice C. Nagappan in a judgment delivered on Monday, observed that the appellant who is an accused person cannot be deprived of hearing on the face of the express provision contained in Section 401 of the Code and on this ground, setting aside an order of the High Court and …

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