Recall of Witnesses for Cross Examination – Old suit for Partition – Despite of giving one or two opportunities – petitioner not cooperated and conducted cross examination - Aliment of petitioner and his family members is not the sufficient cause for recalling the witnesses - as the Cross Examination can be done by his counsel by taking proper instructions from the petitioner – Trial court dismissed the same – High court confirmed the same and dismissed the revision - 2015-Telangana & A.P.-MSKLAWREPORTS


Seeking recall of PWs.1 to 3 for cross-examination on his behalf – suit for partition - PW.1 filed his affidavit in lieu of chief-examination on 06.02.2013 and thereafter, the matter was posted for cross-examination of PW.1 on 15.02.2013 and 21.02.2013 and again, it was adjourned to 01.03.2013 and 08.03.2013. -  The petitioner herein, who is the 1st defendant in the suit, has failed to cross-examine PW.1.  - In the meantime, PWs.2 and 3 have filed their chief affidavits and they were cross-examined by defendant No.4.  - Now at this stage, recall petition of PWs.1 to 3 is filed.            - Reasons furnished that the petitioner is nearly 70 year old man having certain health problems and his wife and son were challenged persons and he has to take good care of them. - All these factors cumulatively, came in the way of the petitioner herein in cross-examining PWs.1 to 3.  - This explanation has not found favour of the trial Court, as no specific ailment has been set out and further, no material is produced in proof of any such disposition.  - Therefore, the trial Court has rejected the interlocutory application.- Their Lordships held that      It is important to notice that if one is not in a physically sound position to attend to the hearing of the case, he is supposed to instruct his counsel thoroughly so that cross-examination can be carried out by the counsel.  -The presence of a party in a Court hall would only be required for securing any clarification at the last minute.  Therefore, I am convinced that the petitioner herein in spite of being provided with adequate opportunities has not availed the same to cross-examine PWs.1 to 3 and hence, there is no meaning in recalling those witness at this point of time, particularly, when the suit is very old one instituted in the year 2007 and it is almost 8 years since it was instituted and it is required to be disposed of on priority basis. –  
2015-Telangana & A.P. - MSKLAWREPORTS
Non-Cross Examination of witness in Partition suit – Effects - This apart, in a suit for partition, the defendants stand on the same footing as that of the plaintiff, therefore, the petitioner herein is entitled to lead such evidence as he has considered appropriate on his behalf.  However, the Court would show appropriate consideration in that respect, without putting any undue burden on the petitioner herein for his failure to cross-examine PWs.1 to 3.  Accordingly, this revision stands dismissed.-

 2015-Telangana & A.P.-MSKLAWREPORTS

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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
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Rural areas: Each Gram Panchayat (v) should have
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Held that :-
(a)     Rural areas: The number of the Iris based
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     No …
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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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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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filed the charge-sheet.
  The petitioner (A-2) along with A-1 is sought to be proceeded
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(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
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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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