Municipalities Rules | 30-Day Limit To Convene No Confidence Motion Meeting Ensures That Collector Doesn't Procrastinate: AP High Court

The Andhra Pradesh High Court has said that intent behind prescribing a 30-day limit under the AP Municipalities (Motion of No Confidence in Chairperson/Vice Chairperson) Rules is to ensure that District Collector does not procrastinate convening the meeting and defeat the democratic right of the majority to express no confidence.In doing so the court upheld a notice issued by...

Caste System Alien To Christianity, Protection Of SC&ST Act Cannot Be Extended To Converts: Andhra Pradesh High Court

In a significant ruling, the Andhra Pradesh High Court, on 30.04.2025, held that the caste system is alien to Christianity and an individual, who converted to Christianity and actively professes and practices the same, cannot continue to be a member of the Scheduled Caste community and is consequently barred from invoking the provisions of the Scheduled Caste, Scheduled Tribe (Prevention...

Centre Notifies Transfer Of Andhra Pradesh High Court Justice K Manmadha Rao To Karnataka High Court

The Central Government on Thursday (May 1) notified the transfer of Justice Kumbhajadala Manmadha Rao from Andhra Pradesh High Court to Karnataka High Court.The notification issued by the Union Ministry of Law and Justice states:"In exercise of the power conferred by clause (1) of Article 222 of the Constitution of India, the President, after consultation with the Chief Justice of India,...

Can't Challenge After Taking Benefit: Andhra Pradesh HC Upholds Rule On Commutation Of Govt Employees' Pension After 15 Years

The Andhra Pradesh High Court has upheld the validity of Rule 18 of the Andhra Pradesh Civil Pensions (Commutation) Rules which stipulates restoration of commuted portion of pension after 15 years from the effective date of commutation, on the grounds that the petitioners had themselves derived benefit from the rule and the prescribed 15 year period.The Court had to primarily determine...

'Basis For Enquiry Is A Myth': Andhra Pradesh HC Grants Relief To Employee Denied Notional Benefits Over Anticipated Dept Enquiry

The Andhra Pradesh High Court has given relief to an employee who was reinstated into service after initial suspension, but was denied benefits of seniority and promotion under the guise of an anticipated departmental enquiry.In this regard, a Single Judge Bench of Justice Challa Gunaranjan, observed,“…5th respondent as on today not initiated any disciplinary action even after lapse of...

S.88 Of CGST Act Can't Be Used To Recover Dues Arising Under Central Excise Act From Directors Of Liquidated Company: Andhra Pradesh HC

The Andhra Pradesh High Court has held that Section 88 of the Central Goods and Services Tax Act 2017 cannot be used by the Excise Department to recover its dues from the directors of a liquidated company.Section 88(3) states that the tax, interest or penalty of a private company, which has been wondup can be recovered from the directors of the company, subject to certain conditions, when...

Andhra Pradhesh HC Sets Aside 1996 Govt Memo Requiring Anti-Corruption Officials To Obtain Sanction Of CM Before Probing Bureaucrats

The Andhra Pradesh High Court has declared unconstitutional a 1996 government memo, which mandated Anti-Corruption Bureau officials to obtain the prior sanction of the Chief Minister before initiating enquiries, laying traps and registering cases against officers of the All India Services and Heads of Departments.A division bench of the High Court comprising Chief Justice Dhiraj Singh Thakur...

Andhra Pradesh High Court Dismisses Plea Challenging Tie-Breaker Lottery Clause In Tender Document

The Andhra Pradesh High Court has dismissed a plea seeking to declare a lottery clause in a tender document, which envisaged that in case two bidders quote lowest commission, the tie will be broken based on draw of lottery— as arbitrary and violative of the principles of natural justice.A Single Judge Bench of Justice Subba Reddy Satti held,“…the said clause, impugned in the writ...

Taunting For Not Being Able To Conceive Child Not Cruelty: AP High Court Quashes Dowry Act, 498A IPC Case Against Married Sister-In-Laws

The Andhra Pradesh High Court has held that married sister-in-laws taunting their brother's wife for not being able to conceive child cannot be taken as sufficient grounds for continuation of proceedings under Section 498-A of IPC or Section 3 and 4 of Dowry Prohibition Act, 1961.Quashing proceedings against sisters of the husband (first accused), who were together accused of subjecting the...

Financial Institution Necessary Party To Challenge Freezing Order: AP High Court Rejects School Teacher's Plea Against Account Freeze

The Andhra Pradesh High Court has dismissed a Government school teacher's plea against freezing of her account by SBI– following an arbitral tribunal's order, after noting that the petitioner had neither impleaded the financial institution which had obtained the freezing order nor had the exhausted alternate remedy under the Arbitration Act.Emphasizing on significance of impleading a...

Assessment Order Passed Beyond Limitation Period: Andhra Pradesh High Court Sets Aside ₹50 Lakh Tax Penalty

The Andhra Pradesh High Court has allowed a plea of Shirdi Saibaba Constructions which was ordered to pay Rs.50,14,541/- as tax penalty, on the grounds that the assessment order was passed beyond the period of limitation.In this regard, a Division Bench of the High Court comprising Justice R. Raghunandan Rao and Justice K. Manmadha Rao, held,“…a best judgment order, of assessment, in the...

Audio-Video Recording Of Statement Not Mandatory: AP High Court Allows YSR Congress MP To Be Accompanied By Lawyer Before SIT

Disposing of a plea by YSR Congress MP P.V. Midhun Reddy for recording his statement in an investigation through audio-video means in his advocate's presence, the Andhra Pradesh High Court reiterated that recording of statement through such means is not mandatory and the discretion rests with the police officer. The court however permitted the MP to be accompanied by two advocates to the...