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.20 of C.P.C - Territorial Jurisdiction - suit for recovery of money based on Contract - As per the admitted plaint averments, the office of the defendants is located in Pargi, the offer made by the petitioner was accepted at Pargi, the contract was entered between the petitioner and the respondents at Pargi and the same was executed within the jurisdiction of the Court at Pargi.- Plaint returned with objection - as an after thought added the acceptance of contract was received at Malkajgiri - Trail court returned the plaint to file in proper court - Revision - Their Lordships held that if filing of suit is based on making of a contract, the cause of action arises at the place where the offer is accepted and if the suit is based on termination of a contract, the cause of action arises at the place where such termination order is received. Admittedly, the suit is based on making of a contract and not on termination of the contract.- dismissed the revision - 2015 Telangana & A.P. msklawreports

The petitioner filed the above-mentioned suit against the
respondents for recovery of certain money based on a contract.

As per the admitted plaint averments,
the office of the defendants is located in Pargi,
the offer made by the petitioner was accepted at Pargi,
the contract was entered between the petitioner and the respondents at Pargi and the same was
executed within the jurisdiction of the Court at Pargi.

 According to the petitioner, as the acceptance of the
contract made by the respondents was received by him at
Malkajgiri, the Court at Malkajgiri has territorial jurisdiction.


The lower Court while returning the plaint has observed
that the ingredients of Section 20 of the Code of Civil Procedure
are not satisfied as the place of work or business of the
respondents does not fall within its jurisdiction or that the
property in respect of which the contract has been executed is
also not situated within its jurisdiction.
A further observation
was made that though initially the p…
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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
clandestinely question paper Part-B has been removed from the
exam hall and it was passed on to Accused No.1 for eventually
facilitating in malpractice. However, the police after investigation,
filed the charge-sheet.
  The petitioner (A-2) along with A-1 is sought to be proceeded
against under Section 8 of the Andhra Pradesh Public Examination
(Prevention of Malpractice and Unfair Means) Act, 1997 (Act for
short).

    Section 5 of the Act reads as under:
Prevention of leakage by person entrusted with
examination works:
No person who is entrusted with any work pertaining to a
public examination shall, except where he is permitted by
virtue of his duties so to do, directly or indirectly divulge or
cause to be divulged or make known to any other person
any information o…
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Consumer affairs, food & civil supplies - Bifurcation of fair shop in between two villages - Their lordships held that by itself would not offer justification for the respondents to bifurcate the petitioners fair price shop leaving it completely unviable. If the respondents feel that the essential commodities need to be distributed in the two Villages of Vaddepalli and Kondugaripalle, they can direct the petitioner to arrange such distribution in those Villages on particular days by paying transportation expenses to her.- Writ allowed - 2015 Telangana & A.P. msklawreports

Law :- Writ Proceedings
Sub :- bifurcation of her shop is that it is patently in contravention of
the norms contained in G.O.Ms.No.35, Consumer Affairs, Food &
Civil Supplies (CS-1) Department, dated 17.09.2007.
Summary :-
G.O.Ms.No.35, Consumer Affairs, Food &
Civil Supplies (CS-1) Department, dated 17.09.2007. The
petitioner relied upon Clause-6(v) of the said G.O., which reads
as under:
Rural areas: Each Gram Panchayat (v) should have
atleast one F.P. shop with a minimum of 400 BPL
cards and 50 APL cards. In case, there are more
number of cards in excess of the minimum number
of cards i.e., 400 BPL and 50 APL in a village there
can be two F.P. shops, provided the total number of
BPL cards in that village is not less than 600 and the
number of BPL and APL cards should be attached to
the two Fair Price Shops equally.
Held that :-
(a)     Rural areas: The number of the Iris based
ration cards to be attached to each fair price
shop is 400 to 450 BPL and 50 pink cards.

     No …
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