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Friday, September 30, 2011

service matter =The Rajasthan Public Service Commission, first respondent holds examinations for direct recruitment to State and subordinate service posts under the Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examinations) Rules 1962 (`Rules’ for short). Appellant appeared as an `open market candidate’ in the 1983 examination and was selected to Rajasthan Tehsildar Services (Subordinate service) and = Sub-rule 1 of Rule 11 of Rules provided that the number of chances which a candidate appearing at the examinations can avail of, shall be restricted to three, for direct recruitment to posts specified in Schedules I and II of the Rules. The said rule was amended by notification dated 30.3.1990 whereby the ceiling in regard to the number of chances to appear in the examination was relaxed by increasing it from 3 to 4 examinations.= Having regard to the bar contained in Rule 4(2)(v), the appellant could not have appeared for the examination for the year 1990, as an NGE candidate, as by then he had appeared only thrice as an open market candidate and had not exhausted all the four chances as an open market candidate.

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                                                                         Not Reportable                       IN THE SUPREME COURT OF I...
Thursday, September 29, 2011

In a suit filed for declaration of title and consequential mandatory injunction, two aspects become necessary. First is that the plaintiff must independently prove his title over the property without depending upon the weakness of the defendant. The second is that even if the plaintiff has proved his title, the defendant can successfully resist the suit in case, he proves a title, which is superior to the one pleaded and proved by the plaintiff. Many a time both these aspects are dealt with together and a finding is recorded. In the instant case, the respondents proved their title by filing Ex.A-1, dated 21-03-1966. Both on account of the fact that the document is more than 30 years old and that there is no controversy as to its execution, the document was held proved.Though a plea was taken that a deed of settlement was executed in favour of the Mosque in respect of the suit schedule property, the document was not made part of record. Thereby, the presumption provided for under Section 114 (g) of the Evidence Act gets attracted. Even if the document was made part of record, the fact remains that it is almost a quarter century later to the transaction covered by Ex.A-1. « advocatemmmohan

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THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY SECOND APPEAL No.218 OF 2011 24-06-2011 Shaik Rahim S/o.Habibulla Shaik Nasar...

A.P.Society registration Act =The A.P. Legislature enacted the new Act in the year 2001. Section 31 of the new Act repeals the Societies Registration Act 1960. However, sub-section (2) thereof makes it clear that any steps taken under the old Act shall be deemed to have been taken under the new enactment= The society was registered about half a century ago. Its affairs were being administered by the managing committee, comprising of various office bearers, including President Treasurer and Secretary. The record discloses that the 2nd respondent and the father of the 3rd respondent contributed a sum of Rs.25,000/-, which was quite a considerable amount at that time and that the same was used in acquiring properties for the establishment of a Degree College at Markapur. As a measure of recognition of their generosity, the members resolved to appoint them as Presidents in terms of three years each with hereditary rights. This arrangement was incorporated in bye-law 9(b). The petitioner or for that matter, anyone did not raise objection for the past five decades. .=What Section 14 mandates is an election to the committee comprising of not less than three members. At any rate, the arrangement that was in existence under the old enactment is saved under sub- section (2) of Section 32. The trial Court has taken note of these developments and dismissed the S.R.O.P.= This Court is not inclined to take any different view. « advocatemmmohan

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THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.1043 OF 2011 05-07-2011 Chirlamacherla Chinna Venkata Subbaia...

. New facts must be specially pleaded.- The defendant must raise by his pleading all matters which show the suit not to be maintainable, or that the transaction is either void or voidable in point of law, and all such grounds of defence as, if not raised, would be likely to take the opposite party by surprise, or would raise issues of fact not arising out of the plaint, as, for instance, fraud, limitation, release, payment, performance, or facts showing illegality.=mere acceptance of rent for period subsequent to expiry of lease period during which lessee continued to occupy lease premises cannot be said to be a conduct signifying “assent” to continuance of lease even after expiry of lease period. « advocatemmmohan

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HON'BLE SRI JUSTICE B. CHANDRA KUMAR Second Appeal No. 511 of 2008 23-03-2011 K.Sajjan Raj Gopisetty Chandramouli Counsel for A...

1. Whether the 2nd defendant is able to prove that Ex.B-2 dated 7-2-1995 was duly executed by late Bhavanamma in a sound and disposing state of mind and that Ex.B-2 was not surrounded by any suspicious circumstances? 2. Whether plaintiff is able to prove that late Bhavanamma in a sound and disposing state of mind executed Ex.A-1 Will Deed and there are no suspicious circumstances surrounding the execution of Ex.A-1 Will Deed? « advocatemmmohan

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THE HON 'BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A.No.1 of 2011 28-04-2011 Immadi Venkata Muttaiah @ Baburao Sunkara Babaji Chowdar...