'No Rubber-Stamp Reasons': Andhra Pradesh High Court Directs Municipal Corporations To Stop Passing Demolition Orders On Printed Proforma

While observing that an order is not to be passed mechanically, the Andhra Pradesh High Court has directed the municipal corporations to not pass any demolition order under Sections 452 & 461 of the Municipal Corporation Act on the printed format."They shall pass orders on consideration of the reply submitted and such consideration be manifested in the order on assigning of the reasons for the satisfaction eitherway, recorded in the order itself," said Justice Ravi Nath Tilhari, while...

Andhra Pradesh High Court Notifies Arrangement For Hearing Of Cases During Summer Vacation From May 15 To June 12

The Andhra Pradesh High Court has notified the arrangement of hearing urgent and specific matters during summer vacations from May 15 to June 12. The arrangement is in the following terms:Division bench of Justice B.S Bhanumathi and Justice A.V. Ravindra Babu, and single bench of Justice Gannamaneni Ramakrishna Prasad: May 18Division Bench Justice B.Krishna Mohan and Justice A.V...

Andhra Pradesh High Court Sets Aside Government Order Aimed At Restricting Holding Of Rallies, Meetings On Public Roads

The Andhra Pradesh High Court today quashed a government order that aimed to regulate the rallies and meetings on public roads, observing that the net effect of the decision is to impose a ban on all meetings at public highways, state highways, municipal and panchayat roads. The government order does not stand the test of law, ruled the court.The division bench of Chief...

Matrimonial Dispute: Andhra Pradesh HC Permits Elderly Couple To Travel To US, Says Pending Criminal Case Can’t Come In Way Of Passport Renewal

Observing that pendency of the criminal proceedings against them shall not come in the way of renewal of their passports, the Andhra Pradesh High Court has permitted an elderly couple to travel to the US. The couple are accused in a case, related to matrimonial dispute of their son, under Sections 498-A and 417 of the Indian Penal Code (IPC), as well as Sections 3 and 4 of the Dowry...

Andhra Pradesh High Court Sentences 5 Govt Officers Including 2 IAS To 1 Month Imprisonment In Contempt Case

The Andhra Pradesh High Court has sentenced five senior officials, including APSRTC vice-chairman and managing director D.T Rao IAS, and then principal secretary (Transport) M.T Krishna Babu IAS, to simple imprisonment of one month and imposed a fine of Rs.1,000 each in a contempt case.Justice K. Manmadha Rao said it is incumbent upon those who are holding senior position in government...

Infirmities In Remand Order Affecting Constitutional Safeguards Can’t Be Cured Subsequently: Andhra Pradesh High Court Grants Interim Bail To Accused

While granting interim bail to an accused in a case under Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999 and Chit Funds Act, the Andhra Pradesh High Court said the infirmities affecting ‘constitutional safeguards’ cannot be cured by the subsequent order of remand by the special court.The court passed the order in habeas corpus petition which alleged...

Can Clients Of Sex Workers Be Prosecuted Under Sections 370 Or 370A IPC? Andhra Pradesh High Court Division Bench To Decide

A single judge of the Andhra Pradesh High Court has made a reference for a decision of a division bench on the legal question whether clients or customers of sex workers can be prosecuted under Sections 370 and 370A IPC."Registry is directed to place the matter before the Hon'ble the Chief Justice for constitution of an appropriate Bench for deciding the reference 'whether, in a case...

Mother's Right To Custody Of Children Not Absolute Or Superior, Father Lawful Guardian Of Minor Son Under Muslim Law: Andhra Pradesh High Court

The Andhra Pradesh High Court quashed an FIR filed in 2022 against a Muslim father for allegedly kidnapping his 8- and 10-years-old sons from the custody of their mother. The court said that under Muslim law, the father is the lawful guardian of his male children during their minority, and the mother can claim custody of such a child until the age of seven.Justice K. Sreenivasa Reddy said...

Litigation Should Not Be Terminated By Default, Cause Of Justice Requires Adjudication On Merits As Far As Possible: Andhra Pradesh High Court

The Andhra Pradesh High Court has allowed the condonation of a delay of 339 days for the suit filed in 2012 for a permanent injunction to restrain the defendant from obstructing the use of the passage in any manner by taking the bullock cart.The bench of Justice Ravi Cheemalapati said that, “Ordinarily, the litigation should not be terminated by default, either of the plaintiff or...

Banda Laagudu Poteelu: Andhra Pradesh High Court Refuses To Permit Bull Race, Says It is Prohibited Under Law

The Andhra Pradesh High Court rejected the plea to organize bull racing during the customary festival 'Urusa' in Renata village, Kurnool District, stating that it would be violative of the Prevention of Cruelty to Animals (PCA) Act.Justice B.S. Bhanumathi said that the proposed bull race falls within the scope of sections 11(1)(a) of the PCA and is also violative of Section 3 of the Act. "So, what is prohibited under law cannot be permitted," said the court. A writ petition was filed...

Ejaculation Not Necessary Pre-Requisite For Purpose Of Proving 'Penetrative Sexual Assault' Under POCSO Act: Andhra Pradesh High Court

Upholding the conviction of an accused in a case of rape, the Andhra Pradesh High Court said all that is required to prove the offence of ‘penetrative sexual assault’, defined under Section 3 of the POCSO Act is, mere penetration.In 2016, the accused was sentenced by trial court to undergo rigorous imprisonment for a period of ten years for committing aggravated penetrative sexual assault and rape on a six-year-old girl. In appeal, the counsel representing the convict argued that medical...

Mere Existence Of Blacklisting Clause In Work Agreement Doesn't Entitle Supplies Corporation To Blacklist Supplier Without Notice: Andhra Pradesh HC

The Andhra Pradesh High Court has said that mere existence of a clause in the work agreement empowering the State Civil Supplies Corporation to blacklist a supplier would not entitle the Corporation to go ahead with the blacklisting without serving a notice expressing its mind to blacklist the supplier.Justice Ravi Nath Tilhari made the observation while quashing the Corporation’s order to impose a penalty and blacklist a flour mill company for one year.Finding the order not in...