Rate able Distribution sec. 73 of C.P.C -only on the ground that, in the E.P. there is no further prayer for attachment and sale of the land in question does not disentitle the decree holder to claim the rateable distribution of the assets in the hands of the Court. In these circumstances, in my considered opinion, it cannot be said that the petitioner has no locus standi to challenge the auction proceedings. Hence, I hold that the present E.A.No. 83 of 1993 filed before the Court below was maintainable and accordingly the present C.M.A. also is maintainable.-2015 A.P.(1997) MSK LAW REPORTS



Rate able Distribution sec. 73 of C.P.C -only on the ground that, in the E.P. there is no further prayer for attachment and sale of the land in question does not disentitle the decree holder to claim the rateable distribution of the assets in the hands of the Court. In these circumstances, in my considered opinion, it cannot be said that the petitioner has no locus standi to challenge the auction proceedings. Hence, I hold that the present E.A.No. 83 of 1993 filed before the Court below was maintainable and accordingly the present C.M.A. also is maintainable.-2015 A.P.(1997) MSK LAW REPORTS

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Sec.482 Cr.P.C. - Section 8 of the Andhra Pradesh Public Examination (Prevention of Malpractice and Unfair Means) Act, 1997 - Part B question Paper was missed ( said to be distributed to A1 along with other students by A2 an invigilator ) - Charge - she was negligent in performing the invigilation duties. - Their Lordships held that Mere negligence in performing invigilation duties, does not attract the offence set-forth in the Act. Therefore, in absence of any allegation that the petitioner herein has committed the offence set out in Section 5 of the Act, she cannot be subjected to prosecution for which the penalty has been provided under Section 8 of the Act.- Quashed the criminal proceedings - 2015 Telganga & A.P. msklawreports

Law :- Sec.482 of Cr.P.C.
Sub :- Quash the criminal proceedings
Offence :-Section 8 of the Andhra Pradesh Public Examination
(Prevention of Malpractice and Unfair Means) Act, 1997
Summary :-
 The investigation revealed that
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    Section 5 of the Act reads as under:
Prevention of leakage by person entrusted with
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No person who is entrusted with any work pertaining to a
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the power of the revenue Court in deciding the disputed questions
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The application before the Mandal Revenue Officer
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Thereupon in accordance with the provision contained in the A.P.
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A close perusal of Section 28 would show that though as per this
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