Andhra Pradesh High Court
Parties Must First Oppose Pre-Judgment Property Attachment Notice Before Trial Court Instead Of Invoking Article 227: AP High Court
The Andhra Pradesh High Court has held that the high court's supervisory jurisdiction under Article 227 of the Constitution cannot be invoked in a routine manner to challenge a show cause notice for attachment of property under Order 38 Rule 5 CPC, when an effective statutory remedy is available before the trial court. The Court observed that the power under Order XXXVIII Rule 5 CPC is...
AP High Court Slams State Public Service Commission For Repeated Re-Evaluation Of Aspirant's Answer Script Despite Express Bar
The Andhra Pradesh High Court slammed the Andhra Pradesh Public Service Commission (APPSC) for repeatedly constituting committees for re-evaluation of a Group-I Services aspirant's answer script of the recruitment exam, despite Supreme Court judgments which prohibit such re-evaluation. The petitioner had sought appointment after multiple expert committees reassessed his Paper IV answer...
AP High Court Fines Litigant ₹25K For Submitting False Medical Certificate To Get Over Inordinate Delay In Filing Appeal
The Andhra Pradesh High Court imposed cost of Rs. 25,000 on a litigant who filed an appeal against money recovery decree with an "inordinate delay" of 1037 days citing a medical issue, noting that the medical certificate was unsupported by records.The Court observed that the medical certificate produced by the appellant, claiming that she had been advised bed rest for nearly three years due...
Husband's Disinclination To Resume Cohabitation With Wife Not A 'Wrong' U/S 23(1)(a) HMA In Absence Of Grave Misconduct: AP High Court
The Andhra Pradesh High Court has held that a mere “disinclination” by a spouse to resume cohabitation after a decree for restitution of conjugal rights does not amount to a “wrong” within the meaning of Section 23(1)(a) of the Hindu Marriage Act so as to disentitle that spouse from seeking divorce. The court said in order to be a 'wrong' within the meaning of Section 23(1)(a),...
Access To Justice | Courts Can't Conduct 'Mini Trial' At Stage Of Numbering Claim Petition: Andhra Pradesh High Court
The Andhra Pradesh High Court has held that there cannot be a "mini trial" over registration and numbering of a claim petition under Order 21 Rule 58 CPC raising objections, claims to attachement of property in execution proceedings.In doing so the court said that at the time of registration of such claim petitions, petitioner cannot be insisted upon to prove title, entitlement or merits of...
Fatal Accident Claims Under 1855 Act To Be Registered As Original Suits; Appeal Under S.96 CPC Maintainable Against Decree: AP High Court
The Andhra Pradesh High Court has held that a decree passed in suit for accident compensation under Section 1A of Fatal Accidents Act is a decree within the meaning of Section 2(2) CPC and is thus appealable under Section 96 CPC.In doing so the court issued a slew of directions, ordering that Fatal Accident Original Petitions shall not be entertained and such matters will be registered...
AP High Court Modifies Preliminary Decree In Partition Suit, Grants Daughter Equal Share Under Amended Hindu Succession Act
The Andhra Pradesh High Court has held that a daughter has equal share in the co-parcenary property as per amended Section 6 Hindu Succession Act and a preliminary decree in a partition suit can be modified to grant such right so long as final decree proceedings are pending and partition has not taken place by metes and bounds. For context, Section 6 post the 2005 amendment to the Act,...
Mentioning Grounds Of Arrest In Remand Report Without Service To Arrestee Not Valid Communication: Andhra Pradesh High Court
The Andhra Pradesh High Court has held that merely mentioning grounds of arrest in the remand report, without serving it to arrestee before remand proceedings, does amount to valid communication of grounds of arrest. In doing so the court said that service of remand report to the arrestees containing the grounds of arrest is valid communication, even if notices under Sections 47(Person...
Video Conferencing Not Permissible At Reconciliation Stage In Matrimonial Disputes: Andhra Pradesh High Court
The Andhra Pradesh High Court has held that Rules for Video Conferencing for Courts, 2023 are procedural in nature and cannot be construed to permit video conferencing even at the stage of reconciliation in matrimonial proceedings as it is against Supreme Court's judgment in Santhini Vs. Vijaya Venkatesh. The high court referred to Santhini judgment wherein it was held that only once a...
'No Advocate Deserves To Be Threatened': Young AP Bar Members Oppose High Court Advocates' Association Stand
Many young members of the Andhra Pradesh Bar have objected to the stand of High Court Advocates' Association, calling it truce over a Judge threatening a junior advocate with police custody.In a letter addressed to the Association's President, the young lawyers expressed “deep disappointment” over the Association's executive committee resolution claiming that the issue had been...
Re-Examination Is Right Of Parties, Doesn't Require Court's Permission Unless New Relevant Facts Are To Be Introduced: AP High Court
The Andhra Pradesh High Court has held re-examination is a right of parties and does not require court's permission unless a new fact or issue which is relevant to the matter is required to be introduced.The petitioner being the complainant had filed a plea before trial court under Section 138 of N.I. Act against respondents 1 and 2. The examination-in-chief of PW.1 was held in 2012 and...
