'State Has Moral Obligation': AP High Court Directs Reservation For Transgender Persons In Public Employment Within Six Months

In a significant ruling, the Andhra Pradesh High Court has expressed a dire need for the State to mainstream the transgender community— which lie at the “bottom of social backwardness", and to subsequently take affirmative action for their inclusion in all spheres of life, including public employment.In this regard, Justice Nyapathy Vijay stated,“As the origin of the problems of...

State Can't Claim Financial Incapacity To Withhold Gratuity, Not Giving Benefits To Retired Employees Violates Article 21: AP High Court

The Andhra Pradesh High Court has held that financial incapacity cannot be used as a defence by the State institutions for non-fulfilment of statutory obligation to provide terminal benefits to its employees, and shirking of the responsibility to release the same amounts to violation of Article 21 of the Constitution.The Court was dealing with a case where terminal benefits were denied to...

AP High Court Asks State To Identify Sites For Landfills, Solid Waste Management & Disposal Facilities; Chief Sectary To Personally Monitor

The Andhra Pradesh High Court has directed the State Authorities to identify sites for the setting up of landfills, solid waste management facilities and disposal facilities as prescribed in the Solid Waste Management Rules 2016.The Division Bench of Chief Justice Dhiraj Singh Thakur and Justice Challa Gunaranjan noted, that the issue not only plagues the localities mentioned in the PIL but...

Expect State To Take 'Positive Decision' On Giving Reservation To Transgender Persons In Public Employment: AP High Court

The Andhra Pradesh High Court has said that it expects the State Government to come up with a positive decision with respect to introducing reservations for transgender persons in public employment.A Division Bench of Justice Battu Devanand and Justice A. Hari Haranadha Sarma was informed about that Karnataka government had as per the direction of the High Court of Karnataka, provided...

S.25FFF Industrial Disputes Act | Shut Down Of Specific Unit Amounts To Closure, Workers Are Entitled To Compensation: AP High Court

The Andhra Pradesh High Court has held that even if a part of an industrial unit which has functional integrity with other units is shut down, such action amounts to closure and workmen shall be entitled to compensation as provided under Section 25FFF Industrial Disputes Act. The court said thus while dismissing a workman's plea seeking absorption into other units of a Corporation, after he...

Andhra Pradesh High Court Directs Separate Probes By CID & ACB Into Alleged Theft Of Money Offered To Tirumala Temple

The Andhra Pradesh High Court has directed probes by the CID and the Anti-Corruption Bureau into the alleged theft of offerings made to the Tirumala Temple, after noting that there were serious lapses in the investigation. The court directed a Police Officer of DGP rank in CID to investigate the matter "including the role" of the Board and Officers of the Tirumala Tirupati Devasthanams (TTD),...

Insurer Not Necessary Party To Claim Compensation For Medical Negligence Under Consumer Protection Act: AP High Court

The Andhra Pradesh High Court has said that in an accident claim under the Motor Vehicles Act the insurance company is a necessary and property party, however in a compensation claim for medical negligence under the Consumer Protection Act the insurance company is not a necessary party. The petitioner had claimed that under MV Act, in claim petitions filed for compensation either due to death...

Granting Status Quo Orders Without Recording Possession Leads To Ambiguity In Property Disputes: AP High Court

The Andhra Pradesh High Court has observed that Trial Courts, while granting an order of status-quo, must refrain from adopting a “short-cut method” where the status of parties is not determined, as such orders create “doubt and ambiguity”, and instead, the order must state, in unequivocal terms, what the status-quo is.While dealing with a case where the Trial Court modified an...

General Power Of Attorney-Cum-Sale Agreement Does Not Confer Ownership, Cannot Defeat Decree For Specific Performance: AP High Court

The Andhra Pradesh High Court has reiterated that a General Power of Attorney-cum-Sale Agreement (GPA/SA) does not confer any title or ownership in an immovable property and cannot be used to defeat a decree for specific performance where a prior sale agreement had culminated in a Court decree and delivery of possession.While dealing with a case where the appellants claimed ownership over a...

'How Can Area Declared As Forest Reserve Be Allotted For Mining?': AP High Court Orders Probe Into Allotment Of 92.40 Acres Of Village Land

The Andhra Pradesh High Court has voiced concern over the allotment of mining rights to M/s.Sri Kumara Swamy Silica Mines (Respondent 11) of an area in Mimidi Village stretching for 92.40 acres, which was otherwise earmarked as “Forest Reserve Poramboke”.A Division Bench comprising Chief Justice Dhiraj Singh Thakur and Justice Ravi Cheemalapati observed,“We fail to understand as to how...

AP High Court Quashes Order Rejecting Title Suit On Ground Of Limitation, Says Trial Court Didn't Read Plaint 'Meaningfully'

The Andhra Pradesh High Court has set aside a trial court order which rejected a suit seeking declaration of title, recovery of possession on the grounds that it was barred by limitation and disclosed no new cause of action.In doing so the high court said that the trial court had rejected the case without "meaningfully" reading the plaint as a whole.The reason attributed by the Trial Court...

Claim For Demurrage As Liquidated Damages Does Not Constitute Debt Until Liability Is Determined: Andhra Pradesh High Court

The Andhra Pradesh High Court refused to grant interim relief for attachment of goods and security under section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) holding that the liquidated damages in the form of demurrage does not constitute debt until the liability is determined by an arbitral award. Justice Challa Gunaranjan held that “petitioner has moved...