Andhra Pradesh High Court Declines To Quash Case Against Man Accused Of Cheating, Raping Woman On 'False Promise' Of Marriage

While declining to quash a case involving allegations of rape and cheating under the guise of "false promise" of marriage, the Andhra Pradesh High Court said that whether the relationship was consensual or the woman's consent was based on a misconception of fact can be decided only after recording of evidence. It further noted certain factual questions in the case, which it said that were key...

S.81 CGST Act Can't Be Invoked To Declare Transfer Of Property Void Without Determining 'Nature Of Transaction' As Being Sham: Andhra Pradesh HC

The Andhra Pradesh High Court has prima facie held that Section 81 of the Central Goods and Services Tax Act, 2017 cannot be invoked to declare transfer of property void, unless there is a specific finding regarding sham nature of transaction.Section 81 provides that where a person parts with his/her property after any amount has become due from him under the Act, with the intention of...

AO Can't Refer Assessee's File To Joint Commissioner For Levying Penalty U/S 271D Of IT Act Without Recording “Satisfaction”: Delhi HC

The Andhra Pradesh High Court has held that an Assessing Officer cannot refer an assessee's file to the Joint Commissioner of Income Tax for levying penalty under Section 271D of the Income Tax Act, 1961 without recording its “satisfaction”.Section 271D of the Income Tax Act prescribes the penalty to be imposed on a taxpayer for taking loan or deposits in contravention of Section 269SS....

Continuation Of Order Of Attachment And Garnishee Notice Is Impermissible When Appeal Filed Against Order Of Assessment: Andhra Pradesh High Court

The Andhra Pradesh High Court stated that when the assessee files an appeal against an order of assessment, the enforcement actions that have been taken, such as property attachment and garnishment notices, should not continue.The Division Bench of Justices R Raghunandan Rao and Harinath. N observed that the assessee has preferred an appeal and has paid 10% of the disputed tax, as required...

AP High Court Dismisses Plea Alleging “Double Taxation” On Sale Of Basmati Rice, Says Fees Collected By Agricultural Market Committee For Its Services Is Not Tax

The Andhra Pradesh High Court has dismissed a petition alleging that cess levied by State's Agricultural Market Committee on sale of 'Basmati rice' amounts to “double taxation”.One of the petitioners, a trader of Basmati rice, claimed that it sources the rice from Punjab where it already pays agricultural market committee tax and thus contended that if the State of Andhra Pradesh imposes...

NCLT Order Prevails Over GST Demand, Even If State Is Not Notified About Pending NCLT Proceedings: Andhra Pradesh High Court

The Andhra Pradesh High Court stated that National Company Law Tribunal (NCLT) order prevails over Goods and Services Tax (GST) demand, even if the state government is not notified about the pending NCLT proceedings. The Division Bench of Justices R. Raghunandan Rao and Harinath N. observed that “the contention of the department that the order of NCLT is not binding on the State...

AP High Court Reprimands Dr KA Paul For Calling Judge 'Mad' While Appearing In-Person, Warns Of Contempt Proceedings If He Doesn't Appoint Lawyer

Recently, when Dr. K.A. Paul a humanitarian and evangelist was permitted to represent himself in a review petition challenging an order passed by the Andhra Pradesh High Court in a criminal plea, he commented that “the Judge has gone so mad in passing the order.” Further, when he was reprimanded, he stated “I have been misunderstood. The said statement is for the 'District...

Termination order Casting Stigma, There Should Be Proper Enquiry, Andhra Pradesh High Court Reiterates

A single bench of the Andhra Pradesh High Court, comprising Justice Subba Reddy Satti while deciding the writ petition has held that when a termination order is based on allegations that could be stigmatic, it must be treated as punitive. Accused employee must be provided with opportunity to be heard. Background Facts The Petitioner was employed as a Contract Residential Teacher...

S.148 NI Act | Appellate Court May Relax Condition To Deposit Minimum 20% Fine If Exceptional Case Made Out: Andhra Pradesh High Court

The Andhra Pradesh High Court has clarified that the provision enabling an appellate court to suspend a conviction order under Negotiable Instruments Act, by directing deposit (under section 148) of minimum 20% of the fine or compensation awarded by the trial court, is discretionary in nature and not mandatory.The order was passed by Justice B V L N Chakravarthi in a criminal petition filed...

[NDPS Act] Continued Preventive Custody Cannot Be Based On Unsubstantiated Suspicion Of Witness Tampering, Influencing Probe: Andhra Pradesh HC

The Andhra Pradesh High Court has granted bail to an accused in an NDPS case, who was arrested on the basis of a confession given by him, without any evidence linking him to the crime.Justice T Mallikarjuna Rao while passing the order noted that the investigation was complete and the police had not produced any evidence linking the petitioner/accused to the alleged crime except the...

Advocate Pasala Ponna Rao Appointed As Deputy Solicitor General For Andhra Pradesh High Court

A new Deputy Solicitor General has been appointed to represent the central government before the High Court of Andhra Pradesh. Advocate Pasala Ponna Rao has been appointed Deputy Solicitor General, for the State of AP. Advocate Rao had been serving as the counsel for the Central Government when the President passed the upgradation order.Advocate Rao's tenure is expected to be for a period...

Supreme Court Collegium Recommends To Make Two Additional Judges Of Andhra Pradesh High Court Permanent

The Supreme Court Collegium has recommended the names of Justice Venkata Jyothirmai Pratapa and Justice Venuthurumalli Gopala Krishna Rao, additional judges of Andhra Pradesh High Court as permanent judges of that court.On May 16, 2024, the High Court of Andhra Pradesh Collegium unanimously endorsed the appointment of these Additional Judges as permanent Judges."As the views of the...