Andhra Pradesh High Court
Anticipatory Bail An 'Extraordinary Privilege' To Be Granted Only In Exceptional Circumstance: Andhra Pradesh HC In Sexual Harassment Case
The Andhra Pradesh High Court, while rejecting the anticipatory bail plea of an accused in a sexual harassment case has observed that denying custodial interrogation can result in significant loopholes and gaps in the ongoing investigation that may adversely affect its integrity. Single judge Justice T. Mallikarjuna Rao also observed,“The anticipatory bail, the extraordinary privilege,...
Look-Out Circular Is A Coercive Measure, Has Adverse Consequences: Andhra Pradesh HC Says Authorities Should Apply Mind Before Issuing LOCs
Justice Subba Reddy Satti of the Andhra Pradesh High Court has held that a Look-Out Circular (LOC) is a coercive measure that certainly has adverse civil consequences inasmuch as it makes “a person surrender and consequentially interferes with his right to personal liberty and free movement.”The Court further held that the issuing authority should apply its mind to the facts of each...
Provisions Of S.47(1) Of BNSS Are Mandatory, Violation Will Render Arrest & Subsequent Detention Invalid: Andhra Pradesh High Court
The Andhra Pradesh High Court has held that the provisions of Section 47(1) of Bharatiya Nagarik Suraksha Sanhita (BNSS) are mandatory and peremptory, and a violation of this provision can only result in a declaration that the arrest and subsequent detention are invalid.The Division Bench, comprising Justice R Raghunandan and Justice K Manmadha Rao, was dealing with a writ petition filed...
Andhra Pradesh High Court Lays Down Parameters For Disputing Negligence In Motor Vehicle Accident Claims Cases
A Single Judge Bench of the Andhra Pradesh High Court comprising Justice A. Hari Haranadha Sarma, while dealing with an appeal contesting the sustainability of an award and decree passed by the Additional District Judge-cum-Motor Accidents Claims Tribunal, Ongole, laid down certain advisory parameters to be followed in Motor Vehicle Accident claims cases while disputing negligence. The...
In Absence Of Rules Regulating Transfer Of Govt Employees, Orders Issued Under Article 162 Will Have Statutory Force: Andhra Pradesh HC
The Andhra Pradesh High Court has confirmed that in the absence of any Rules governing the transfer of Employees, an executive order/ Government order issued under Article 162 of the Indian Constitution, which lays down guidelines relating to transfer, shall have statutory force.“The administrative authority while exercising jurisdiction and effect transfers in pursuance of G.O.Ms.No.75...
Plea For Amendment To Partition Suit During Pendency Of Trial Cannot Be Denied On Technicalities: Andhra Pradesh High Court
A single judge bench of the Andhra Pradesh High Court comprising Justice Ravi Nath Tilhari has ruled that in a partition suit, a plaintiff may not always be aware of all the ancestral properties to be partitioned. If he later discovers additional properties which need to be partitioned or included in the partition suit during the pendency of the case, he should be allowed to amend the suit...
AP High Court Issues Notice On Subramanian Swamy's Plea For CBI/SIT Probe Into Alleged Violence During Tirupati Dy Mayor Election
The Andhra Pradesh High Court issued notice on a petition filed by former Rajya Sabha MP Dr. Subramanian Swamy seeking CBI/SIT investigation into the alleged violence during the election of Deputy Mayor of Tirupati held on February 4A bench led by Chief Justice Dhiraj Singh Thakur issued notice to Union Government, the CBI, Andhra Pradesh Home Department, Director General of Police and the...
Presumption As To Genuineness Weighs More In Favour Of Police Investigation Report Than Private Investigation: Andhra Pradesh High Court
The Andhra Pradesh High Court has held that when the reliability of a private investigator's report in comparison to the official record of police investigation is examined, “presumption as to genuineness will weigh more in favour of the police investigation report.”Single Judge Justice A. Hari Haranadha Sarma was dealing with a case involving an appeal preferred by an insurance...
License Suspension Order Can't Partake Character Of Cancellation, Must Specify Duration Of Suspension: Andhra Pradesh High Court
The Andhra Pradesh High Court has held that an order suspending license can “never partake the character of an order of cancellation” and in the absence of an order of suspension prescribing a definite time period, the same, would make it unsustainable in law.A Division Bench comprising Chief Justice Dhiraj Singh Thakur and Justice Ravi Cheemalapati further explained that suspension...
Investigating Officer Must Be Given 'Free-Hand' While Probing Case Involving Serious Allegations: Andhra Pradesh High Court
The High Court of Andhra Pradesh has held that in a case containing serious allegations, the Investigating Officer (IO) deserves a free hand to take the investigation to its logical conclusion. Justice T Mallikarjuna Rao further observed that,“The investigating officer, who has been prevented from subjecting the petitioner to custodial interrogation, can hardly be fruitful in finding...
Disciplinary Orders Attain Finality Upon Communication, Can't Be Unilaterally Modified: AP HC
Andhra Pradesh High Court: A Single Judge Bench of Justice Harinath N set aside UCO Bank's unilateral revision of disciplinary punishment against a former Assistant Manager. The court held that the bank's act of enhancing punishment without issuing notice or seeking response from the affected employee was illegal and manifestly arbitrary. The court clarified that disciplinary...
Andhra Pradesh HC Issues Notice On PIL Alleging Mismanagement In 'Hockey Andhra Pradesh', Seeks Clarity On Association's Recognition Status
The Andhra Pradesh High Court has issued notice on a PIL petition alleging financial fraud and mismanagement in the administrative committee of the federation 'Hockey Andhra Pradesh' which is affiliated with Amateur Kabaddi Federation of India. A division bench of Chief Justice Dhiraj Singh Thakur and Justice Ravi Cheemalapati issued notice on the plea and sought clarification from...