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K.Vijay Anand, S/O.K.V.Anand vs Smt.Y.Suvarna, W/O.Y.Mallesh And ... on 17 July, 2013

32. It may also be noted here that in three other decisions of this court viz., Kudiyala Rama v Vattikolla Somaraju5 (a decision dated 02.1.2003), Dasarla Koteswaramma v Alla Venkayamma6 (a decision dated 17.7.2009) and V.Vedanda Vysulu (died) per LRs v K.Purushotham7 (a decision dated 31.1.2011) the compliance with the local amendment has been held to be mandatory. They can therefore be said to be consistent with the view of the three Judge Bench decision of the Supreme Court in Pt. Rishikesh though the said decision was not discussed in them. In view of the three Judge Bench decision of the Supreme Court in the case of Pt. Rishikesh the decision of the Supreme Court in Ganpat Giri and the decision of the learned single Judge of this court in G.Venkata Reddy need not be upheld and therefore there is also no need to refer the matter to a Division Bench. Thus it follows that the local amendment made to Rule 85 has to be held to be valid and it does not stand overruled by the Central Amendment Act.
Andhra HC (Pre-Telangana) Cites 12 - Cited by 0 - N R Shankar - Full Document
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