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...

State Govt Can Issue Removal Notice To Mayor U/S 679-B Of A.P. Municipal Corporation Act Despite Procedure U/S 23-D Not Being Followed: AP High Court

The Andhra Pradesh High Court has held that merely because the procedure prescribed under Section 23-D of the A.P. Municipal Corporation Act, 1955 (“the Act”) is not followed, it cannot be said that the State Government possesses no power to issue notice under Section 679-B of the Act.Section 23-D of the Act refers to disqualifications of Members and Mayor of the Municipal Corporation...

'With Time Bond May Develop': Andhra Pradesh HC Grants Visitation Rights To Father Whose Son Was Witness Against Him In Mother's Murder Case

The Andhra Pradesh High Court has granted conditional visitation rights to a father, despite his minor son being a witness against him in a case where he was accused of murder of the child's mother.Noting the father's acquittal in the criminal trial, a division bench of Justice Ravi Nath Tilhari and Justice Challa Gunaranjan held it appropriate to grant conditional visitation rights which...

Rule 320 Of AP Prison Rules Or Section 57 Of IPC Does Not Limit Quantum Of Life Sentence, Incarceration Is For Remainder Of Convict's Life: AP HC

The Andhra Pradesh High Court has held that a sentence of imprisonment for life shall mean that the prisoner shall be incarcerated for the remainder of his natural life and Section 57 of IPC and Rule 320(a) of A.P Prison Rules, 1979 (“the Rules”) do not reduce the sentence of life imprisonment of a convict nor create a right to be released before the end of the natural life of the...