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...

"Rules Mandate Horizontal Reservation": AP High Court Rejects Open Category Candidate's Plea For Admission In MBBS Course Under Sports Quota

The Andhra Pradesh High Court dismissed a writ petition filed by a candidate belonging to the open category who sought admission in an MBBS college through sports quota.A division bench of Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao held so after noting that the A.P. Unaided Non-Minority Professional Institutions (Regulations of Admissions into Under Graduate Medical...

"May Adversely Affect Investigation": Andhra Pradesh HC Denies Anticipatory Bail To Man Accused In ₹28 Cr Bank Fraud Case

The Andhra Pradesh High Court denied anticipatory bail to a man allegedly involved in a case where employees of a Bank are accused of "orchestrating money transfer fraud" of approximately Rs 28.34 crores using various schemes targeting existing and new customers.The petitioner was booked as accused no. 20 in the case by the police. Justice T. Mallikarjuna Rao, in his order, held:“The...

Authorities Cannot Levy Contribution U/S 1(6) Of ESI Act On Establishments Employing Less Than 10 Workers: Andhra Pradesh High Court

The Andhra Pradesh High Court has clarified, that Authorities under section 1(6) of the Employee's State Insurance Act, 1948; cannot levy a 'contribution' on establishments employing less than 10 individual at all given times.  Section 1(6) States that a factory shall continue to be governed by the above-mentioned Act, even if the number of employees falls below the...

S.138 NI Act | Lok Adalat Award In A Criminal Case For Cheque Dishonour Can Be Executed By Civil Court: Andhra Pradesh HC

The Andhra Pradesh High Court has reiterated that an award passed by the Lok Adalat concerning a criminal case under Section 138 of the Negotiable Instruments Act is executable by a Civil court. For context, Section 138 NI Act pertains to dishonour of a cheque for insufficiency of funds in the account. Referring to Sthe upreme Court's decision in K.N Govindan Kutty Menon Vs....

Andhra Pradesh High Court Weekly Roundup: March 31- April 06, 2025

Nominal IndexBatha Vamsi v. The State Station House Officer: 2025 LiveLaw (AP) 56V.S. Rayudu, S/o. Gopal, Occ: Driver and Others v. Andhra Pradesh State Road Transport Corporation: 2025 LiveLaw (AP) 57Mallavarapu Lakshmana Kumar v. Union Of India and Others: 2025 LiveLaw (AP) 58A P Srinivasa Deekshitulu v. The State Of Andhra Pradesh and Others: 2025 LiveLaw (AP) 59P V Mudhun Reddy @...

Andhra Pradesh High Court Allows Plea Of MBBS Student Suffering From Cerebral Palsy Seeking Compensatory Time During Exams

The Andhra Pradesh High Court has allowed a writ petition for grant of additional compensatory time to a second year MBBS student suffering from cerebral palsy, during her examinations sought on account of her disability.Justice Gannamaneni Ramakrishna Prasad, while granting a total of 4.5 hours instead of 3 hours to the petitioner to complete all the examinations concerning the MBBS course...

"Unknown To Criminal Jurisprudence": Andhra Pradesh HC Sets Aside Order Permitting Prosecution To Frame, Alter Charges U/S 216 CrPC

The Andhra Pradesh High Court has held that the legislative intent behind enacting Section 216 of CrPC is only to ensure that the Court retains the exclusive power to alter or add a charge depending upon the evidence placed before it and subsequently ensure that the accused is notified of the same.Justice Harinath N explained that Section 216 does not give scope to either the prosecution or...

Andhra Pradesh High Court Suspends Notice Inviting Applications For Junior Civil Judge Posts Till SC's Decision On Minimum Practice Criteria

The Andhra Pradesh High Court has put in abeyance the Notification issued on 14.02.2025 calling for applications to fill up the vacant posts of Junior Civil Judges till the Supreme Court decides whether a minimum number of years of practice needs to be prescribed as a minimum qualification for enabling a candidate to apply. In January, the Supreme Court considered...

Investigators Probing Cases Involving Public Funds Must Not Reveal Details Of Probe Unless Needed, Unsubstantiated Claims Can Damage Reputations: AP HC

The Andhra Pradesh High Court has held that an Investigating Officer (IO), who is tasked with investigating matters involving public funds, should ensure that investigation details are not disclosed unless such disclosure is necessary for an investigation or for public interest at large.Justice T. Mallikarjuna Rao held, “This court views that while the investigation agency claims to...