C.M.A. under Or.43, rule 1 can be filed against the interim injunction orders granted under Or.39, rule 1 &2 C.P.C - when the trial court failed to dispose the Interim injunction Application within 30 days by flouting the mandatory rule framed under Rule 3 A of Or.39 C.P.C. - 2015 S.C.(2000)MSKLAWREPORTS



"Under the normal circumstances the aggrieved party can prefer an appeal only against an order passed under Rules 1, 2, 2A, 4 or 10 of Order 39 of the Code in terms of Order 43, Rule 1 of the Code. He cannot approach the appellate or revisional Court during the pendency of the application for grant or vacation of temporary injunction. In such circumstances the party who does not get justice due to the inaction of the Court in following the mandate of law must have a remedy. So we are of the view that in a case where the mandate of Order 39, Rule 3A of the Code is flouted, the aggrieved party shall be entitled to the right of appeal notwithstanding the pendency of the application for grant or vacation of a temporary injunction, against the order remaining in force. In such appeal, if preferred, the appellate Court shall be obliged to entertain the appeal and further to take note of the omission of the subordinate Court in complying with the provisions of Rule 3A. In appropriate cases the appellate Court, apart from granting or vacating or modifying the order of such injunction, may suggest suitable action against the erring judicial officer, including recommendation to take steps for making adverse entry in his ACRs. Failure to decide the application or vacate the ex-parte temporary injunction shall, for the purposes of the appeal, be deemed to be the final order passed on the application for temporary injunction, on the date of expiry of thirty days mentioned in the Rule." - 2015 S.C.(2000) MSKLAWREPORTS

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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
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Section 5 of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 read with Rule 9(1)(a)(i), (ii) and (iii) of the Rules of 1989. - Powers of Revenue Court - Petitioners are the legal heirs of Late Sri A. Penta Reddy and respondents 1 to 3 are the brothers of Penta Reddy - Petitioners claimed as Separate Property - Brothers/Respondents claimed as Joint family Property - MRO held summary enquiry and held that it is Joint family Property - No Appeal to RDO - after the lapse of 12 years filed Revision directly to Joint Collector - JC. dismissed the revision - this Writ - Their Lordships held that in the absence of any suit for Declaration of title after receiving Rule 9 notice with in 3 months, the MRO can decide the dispute summarily - since no appeal is filed nor any suit is filed in any court - the orders of MRO can not be challanged after the lapse of 12 years - dismissed the revision - -2015 Telangana & A.P. MSKLAWREPORTS

the power of the revenue Court in deciding the disputed questions
of fact.

The application before the Mandal Revenue Officer
was filed under Section 3 of the Andhra Pradesh Rights in Land
and Pattadar Pass Books Act, 1971 (for short, the Act of 1971).

Thereupon in accordance with the provision contained in the A.P.
Rights in Land and Pattadar Pass Books Rules, 1989, the Mandal
Revenue Officer conducted enquiry and after giving due
opportunity to the objectors and on detailed consideration of the
revenue records, passed orders on 15.03.1991.
The objection as
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with reference to the succession was considered and specifically
rejected by the Mandal Revenue Officer.
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DVC CASE - Practice & Procedure - Magistrate shall issue a notice of the date of hearing fixed under Sec.12-the Magistrate need not, nay shall not issue warrant for securing presence of respondent - the Court need not insist for personal attendance of the parties for each adjournment like in criminal cases.-if the respondents failed to turn up after receiving notice and file their counter affidavit if any,pass an exparte order by virtue of the power conferred on him under Sec.23 of the D.V.Act.-only under exceptional circumstances, if the Magistrate feels required, he may issue warrants for securing the presence of the concerned party. -2015 A.P. MSKLAWREPORTS( Telegana)

A close perusal of Section 28 would show that though as per this
Section the proceedings under Sec.12, 18 to 23 and offences under Sec. 31 are
governed by the Code of Criminal Procedure, 1973, that is not an inscrutable
rule inasmuch as Sec.28(1) is having a saving clause and also subject to sub-
section(2).  
When we analyse the limitations of Section 28(1) with reference
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provisions under Sec.13 and 23, we can understand that for conducting
enquiry, the Court need not insist for personal attendance of the parties for
each adjournment like in criminal cases.  
It is because, Sec.13 lays down that
the Magistrate shall issue a notice of the date of hearing fixed under Sec.12 to
the Protection Officer for serving on the respondent. So for securing the
appearance of respondent, at the first instance, the Magistrate need not, nay
shall not issue warrant. 
Even if the respondents failed to turn up after
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