Supply Of Solar Generating Power Station Is A Composite Supply, Would Not Amount To Works Contract; Attracts 5% GST: Andhra Pradesh High Court

The Andhra Pradesh High Court stated that the supply of solar generating power station is a composite supply and it would not amount to a works contract. Also, it is a moveable property and attracted 5% GST. The Division Bench of Justices R Raghunandan Rao and Maheswara Rao Kuncheam observed that “a 'works contract' is also a composite supply. However, there could be a...

'Strength' Or 'Weakness' Of Case Cannot Justify Delay In Filing Appeal: Andhra Pradesh High Court

The Andhra Pradesh High Court, while dismissing a condonation of delay application, observed that the strength or weakness of a case cannot justify the delay if the appellant has failed to demonstrate diligence in filing the appeal. Essentially, the respondent had filed a suit against the present appellants for recovery of money. The suit was partly decreed in favour of the...

Andhra Pradesh HC Directs Trial Court Registry Not To Stall Registration Of Plaint By Insisting On Compliance Of Objections Not Given In CPC

The Andhra Pradesh High Court has said that at the stage of registration of civil suits, the trial court registry must not insist on compliance of objections to a plaint that are not mandated under the Civil Procedure Code or the Civil Rules of Practice Justice Ravi Nath Tilhari said, “It shall ensure, not to insist compliance with such objections, which are not contemplated by the Code...

[S.138 NI Act] While Considering Suspension Of Sentence, Court Must See If Case Falls Under Any Exceptions: Andhra Pradesh HC Reiterates

The Andhra Pradesh High Court has reiterated that a plea for suspension of sentence is generally sought without any conditions, and when an accused seeks a blanket order like this, the responsibility is cast on the Court to determine whether the case falls under an exception. Justice B.V.L.N. Chakravarthi was hearing a cheque bouncing case, wherein the petitioner was convicted by the Trial...

While Deciding Petition U/S 9 Of Arbitration Act, Court Cannot Ignore Basic Principles Of CPC: Andhra Pradesh HC

The Andhra Pradesh High Court bench of Justices Ninala Jayasurya and Nayapathy Vijay observed that in deciding a petition under Section 9 of the Arbitration Act, the Court cannot ignore the basic principles of the CPC. At the same time, the power of the Court to grant relief is not curtailed by the rigours of every procedural provision in the CPC. In exercise of its powers to grant...

Date Of Acquisition Of Qualification Is Date Of Declaration Of Results, Not Date Of Issuance Of Provisional Certificate: Andhra Pradesh HC

The Andhra Pradesh High Court has reiterated that date of acquiring requisite qualification would be from the date of declaration of results and not the date on which the provisional certificate was issued.A Division Bench of Justice Ravi Nath Tilhari and Justice V Srinivas further held that though a provisional certificate is proof of qualification, its date of issuance cannot be taken as...

Person Officiated To Higher Post On Orders Is Entitled To Pay In That Cadre Even If Later Found To Be Ineligible: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that an employee who was officiated to a higher post on official orders is entitled to the salary of that post, regardless of subsequent findings of ineligibility.A division bench of Justice Ravi Nath Tilhari and Justice Nyapathy Vijay passed the order in a writ petition challenging decision of the Central Administrative Tribunal, which had directed that...

APSRTC Conductor's Termination Upheld; Leniency Towards Misappropriation Contrary To Public Interest: AP HC

Andhra Pradesh High Court: A single judge bench of Justice Maheswara Rao Kuncheam upheld the dismissal of an APSRTC conductor. He was terminated for collecting fares from passengers without issuing tickets. The court stressed on the importance of maintaining public trust in disciplinary actions. It ruled that leniency in cases of misappropriation, even involving small amounts, is contrary...

Andhra Pradesh HC Directs Chief Secretary To Constitute Committee To Suggest Measures To Reduce Tree Felling For State Funded Projects

The Andhra Pradesh High Court has directed the state's Chief Secretary to constitute a committee to look into the felling of trees in State-funded projects and suggest measures to reduce the felling of trees for execution of Government funded projects.The order was passed by a division bench of Chief Justice Dhiraj Singh Thakur and Justice Ravi Cheemalapati in a PIL filed by a 20 year...

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner

While hearing a habeas corpus petition wherein a woman had claimed that her female partner had been detained by her parents, the Andhra Pradesh High Court while upholding the right of women to cohabit together said that the detenue was major and her family cannot restrain her from taking her own life decisions. The division bench of Justice R. Raghunandan Rao and Justice Maheshwara Kuncheam...

Andhra Pradesh HC Grants Anticipatory Bail To Man Accused Of Organized Crime, Posting Allegedly Defamatory Content On CM Chandrababu Naidu

The Andhra Pradesh High Court granted anticipatory bail to a man booked for conducting organized crime and for posting allegedly defamatory content against Chief Minister N Chandrababu Naidu and Deputy Chief Minister Pawan Kalyan on social media which was claimed to have caused political disturbance and potential violence. Justice Harinath N in its order referred to Supreme Court's decision...

Andhra Pradesh HC Seeks Stand Of State Bar Body, BCI In Plea Against "Exorbitant Fee" Of ₹500 For Verifying Certificate Of Practice

The Andhra Pradesh High Court on Wednesday sought the stand of the Bar Council of India as well as State Bar Council in Kurnool Bar Association's plea challenging the state bar body's circular mandating payment of an "exorbitant fee of Rs 500" for verification/renewal of Certificate of Practice.Justice Venkateswarlu Nimmagadda issued notice to the Bar Council of Andhra Pradesh and the Bar...