Scope Of Judicial Review Very Limited In Transfers Made Due To Administrative Exigencies: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that the Court possesses very limited scope of judicial review in cases relating to transfers made on account of administrative exigencies.A Single Judge Bench of Justice Kiranmayee Mandava, while dismissing a writ petition challenging proceedings of the Tirumala Tirupati Devasthanam (Respondent 2), whereby it refused to transfer a Pradhana Archaka at...

'Shows Have Already Been Telecast': Andhra Pradesh HC Dismisses PIL Challenging Increase In Ticket Prices Of Telugu Film 'Sankranthiki Vasthunam'

The Andhra Pradesh High Court dismissed a Public Interest Litigation plea challenging the increase in ticket prices of Telugu film 'Sankranthiki Vasthunam'–starring Venkatesh, Aishwarya Rajesh and Meenakshi Chaudhary–and which further sought an investigation into the film's production cost valued at over Rs. 100 crores.A division bench of Chief Justice Dhiraj Singh Thakur and Justice...

Absence Of Prejudice Not Sole Ground To Brush Aside Principles Of Natural Justice: Andhra Pradesh High Court

The Andhra Pradesh High Court has quashed orders passed by the concerned Depot Manager deducting amounts from the salaries of the drivers and conductors working in the concerned depot of the Andhra Pradesh State Road Transport Corporation, on the ground of non-compliance of principles of natural justice. In doing so the court observed that the corporation had not followed the procedure...

Rape Not Mere Physical Assault, Liberal Approach While Granting Bail Against Interest Of Society: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that the offence of rape cannot be considered as a mere physical assault, and adopting a liberal approach while granting bail in such cases goes against the interest of the society.In this regard, a Single Judge Bench of Justice T. Mallikarjuna Rao, observed,“The offence of rape is punishable by rigorous imprisonment for at least ten years, extendable...

Court's Attitude In Posting Matter To A Long Date Defeats Purpose Of Urgent Notice Under O.39 R.1 CPC: Andhra Pradesh HC

The Andhra Pradesh High Court has observed that the purpose of issuing urgent notice under Order 39 Rule 1 CPC, even if the court does not grant a temporary injunction, is to address situations requiring immediate action and in such cases the attitude of the Courts in posting the matter to a longer date defeats the purpose of the provision. Justice K. Manmadha Rao observed that such...

Confession By Accused Implicating Other Co-Accused Can Be Taken As 'Lead' In Investigation, Admissible U/S 30 Of Evidence Act: AP High Court

The Andhra Pradesh High Court has held that confessional statements made by the accused during interrogation can be considered or looked into to connect the other co-accused and such a disclosure statement can be taken into consideration to provide a lead in the investigation.Justice T. Mallikarjuna Rao further held that such a statement is admissible under Section 30 of the Indian Evidence Act. Section 30 provides for consideration of proved confession affecting the person making it and others...

Petroleum Rules | Insistence On District Authority's NOC Is To Ensure Land Is Safe For Storing Petrol, Not To Probe Title Dispute: AP High Court

The Andhra Pradesh High Court has said that the intention behind insistence on No-objection certificate (NOC) which an applicant is to seek from the district authority under Rules 144 of the Petroleum Rules 2002 is to ensure that the site is safe for storing petrol and protect public interest. In doing so the court said that it is beyond the scope and jurisdiction of the authority to enquire...

Daughter Can Seek Compensation For Father's Death In Motor Vehicle Accident Irrespective Of Her Marital Status: Andhra Pradesh HC

The Andhra Pradesh High Court has held that a daughter, whether married or unmarried, is a legal heir and therefore, a married daughter is entitled to stake a claim for compensation on the death of her father on account of a motor vehicle accident.A Single Judge Bench of the High Court comprising Justice VRK Krupa Sagar however clarified,“...eligibility to claim is one thing and as to how...

MV Act | Insurance Company Can Seek Recovery From Vehicle's Owner Only After Paying Compensation Awarded By Tribunal: AP High Court

The Andhra Pradesh High Court, in a recent case, applied the principle of pay and recover and held that an insurance company is entitled to file an execution petition against the owner of an offending vehicle only after paying the compensation awarded by the Motor Vehicle Claims Tribunal to the claimant.Justice VRK Krupa Sagar in his order held,“On the issue of liability to pay the...

Court Can Order Reinstatement Of Acquitted Employee If Charges, Evidence In Disciplinary Proceedings Same As Criminal Case: AP High Court

The Andhra Pradesh High Court has held that mere acquittal by a criminal court will not grant a right to the employee to claim reinstatement however if the charges in the departmental enquiry and the criminal court are similar and if evidence, witnesses and circumstances are the same, then the matter acquires a different dimension. A division bench of Justice R. Raghunandan Rao and Justice...

'Hamali' Not A Gratuitous Passenger, Falls Within Definition Of Third Party Under Motor Vehicles Act: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that a Hamali cannot be termed as a gratuitous passenger and comes within the ambit of 'third party' under Section 145(i) of the Motor Vehicles Act.A Single Judge Bench comprising Justice Nyapathy Vijay, explaining the scope of Section 145(i), observed,“The Section 145(i) of the Motor Vehicles Act, 1988 was amended vide the Motor Vehicles (Amendment)...

Second Execution Petition Cannot Be Entertained When First Petition Seeking Execution Of Arbitral Award Was Dismissed On Merits: Andhra Pradesh HC

The Andhra Pradesh High Court bench of Justice Ravi Nath Tilhari has held that a second execution petition for enforcing an award is not maintainable if the first was rejected on the ground that the award had not been set aside, solely because a signed copy was not filed with the application to set it aside under Section 34 of the Arbitration and Conciliation Act, 1996...