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Showing posts from September, 2014

Sections 132 and 135 of the Customs Act, 1962, -Economics Offence - seized Gold of 16 bars by customs & excise officers at Air port Hyd.- Bail petition dismissed by special judge - Sessions judge granted bail under sec.439 - Cancellation of Bail - Sessions court has no jurisdiction for granting a Bail - Whether the offences under customs Act are bailable offences - Whether special court at Hyderabad with out notification due to bifurcation holds jurisdiction over the case - Their Lordships held that Sessions court has no jurisdiction - as per the notifications and as per Act , Special court is constituted - Regarding bifurcation their lordships hold that since offence was detected at Hyd. the special court holds jurisdiction and also held that till the date of new notification due to bifurcation, old notification applies = CRIMINAL PETITION No.5846 OF 2014 06-08-2014 The Superintendent of Customs (Cus-Prev) Hyderabad-II Commissionerate, Hqrs Office Kendriya Shulk Bhavan, Basheer Bagh, Hyderabad-500004 rep. by Special P.P. Petitioner/ Complainant Kannur Abdul Kader Mohammed HaneefaS/o. Sri Abdul Khader Kannur Bayan Kunhi, Age: 33 years, r/o. Penne House, 1/90(50)Sooramsani Kannur Post,Kasargod District-671321 Kerala State Respondent/ Accused = 2014 - Aug. Month - http://judis.nic.in/judis_andhra/filename=11815

Sections 132 and 135 of the Customs Act, 1962, -Economics Offence - seized Gold of 16 bars by customs & excise officers at Air port Hyd.- Bail petition dismissed by special judge - Sessions judge granted bail under sec.439 - Cancellation of Bail - Sessions court has no jurisdiction for granting a Bail - Whether the offences under customs Act are bailable offences - Whether special court at Hyderabad with out notification due to bifurcation holds jurisdiction over the case - Their Lordships held that Sessions court has no jurisdiction - as per the notifications and as per Act , Special court is constituted - Regarding bifurcation their lordships hold that since offence was detected at Hyd. the special court holds jurisdiction and also held that till the date of new notification due to bifurcation, old notification applies =

As per the above provisions, the Special Judge
for Trial of Economic Offences, at Nampally, in
Hyderabad constituted (for the erstwhile State of A.P. in
its ent…

Accident claim - M.V.Act - Rs.15000/- per annum as per schedule when applied - when the future prospects not given , deducting to 50% percent of income towards personal expenditure for a bachelor is reasonable - their Lordships held that when it is proved that the deceased was able body person and living on doing labour work - fixing Rs.100/- per day is not unreasonable and further held that Deduction of 50% income towards personal charges as held by apex court - causes more miserable as the court not taken in to consideration of future prospects while fixing income of Labour as Labour too would fetch increased wages daily and further the old parents are depending on the income of the deceased and as such deducting only 1/3rd income towards personal expenditure is reasonable - appeal filed by company was dismissed = M.A.C.M.A No.2601 of 2009 06-08-2014 The United India Insurance Co. Ltd.Rep. by its Deputy Manager, Hyderabad ... Appellant Smt. K. Kistamma and others.. Respondents = 2014 - Aug. Month - http://judis.nic.in/judis_andhra/filename=11800

Accident claim - M.V.Act - Rs.15000/- per annum as per schedule when applied - when the future prospects not given , deducting to 50% percent of income towards personal expenditure for a bachelor is reasonable - their Lordships held that when it is proved that the deceased was able body person and living on doing labour work - fixing Rs.100/- per day is not unreasonable and further held that Deduction of 50% income towards personal charges as held by apex court - causes more miserable as the court not taken in to consideration of future prospects while fixing income of Labour as Labour too would fetch increased wages daily and further the old parents are depending on the income of the deceased  and as such deducting only 1/3rd income towards personal expenditure is reasonable - appeal filed by company was dismissed =

one K. Srinivas, 30 years old bachelor died when a
tanker lorry hit him when its driver in the process of reversing the vehicle
drove it in a rash and negligent manner an…

Red Sandal wood - Qualis Max Cab - interim custody - Police registered the case - but no form 66 was presented along with Vehicle before the Magistrate - Interim custody petition in the mean while - returned expressing no jurisdiction - Revision - High court held that since the property not produced before the Magistrate , the Magistrate has no jurisdiction to release the vehicle for interim custody and as such the order of trial court is correct = CRIMINAL REVISION CASE No.1436 of 2014 07-08-2014 A.Sathisha.Petitioner The State of A.P. rep. by the S.H.O Chagalamarri P.S.. Respondent = 2014 - Aug. Month - http://judis.nic.in/judis_andhra/filename=11805

Red Sandal wood - Qualis Max Cab - interim custody - Police registered the case - but no form 66 was presented along with Vehicle before the Magistrate - Interim custody petition in the mean while - returned expressing no jurisdiction - Revision - High court held that since the property not produced before the Magistrate , the Magistrate has no jurisdiction to release the vehicle for interim custody and as such the order of trial court is correct =

the petitioner is the owner of the Toyota
Qualis Max Cab vehicle bearing No.KA 04 A 6300 and a case was  
registered in Crime No.106/2014 of Chagalamarri Police Station for the
offences punishable under the above sections of law for which the owner
of the vehicle filed a petition under Section 451 Cr.P.C praying to
release the vehicle.
The grounds urged in the said petition that the
petitioners vehicle was taken by driver for rent from Bangalore to
Schemoga and misused the same by transporting of red sandal by
violating forest rules and i…