Chit Funds Act | Deputy Registrar Can Issue Recovery Certificate Executable As Civil Court Decree: AP High Court

The Andhra Pradesh High Court has held that a Deputy Registrar appointed under Section 61(1) of the Chit Funds Act is empowered to issue recovery certificates under Section 71(a) and such certificates are deemed to be decrees of a civil court executable in the same manner as civil court decrees. While interpreting the statutory framework governing the powers of the Registrar under the Act,...

Self-Certification For WhatsApp Chats By Party Legally Admissible If Requirements Under Section 63 BSA Are Complied: AP High Court

The Andhra Pradesh High Court has held that a self-certificate by a party under Section 65B Indian Evidence Act/Section 63 BSA is legally admissible and generally sufficient for WhatsApp messages or call recordings present on the party's own phone, provided it complies with the statutory requirements given in the provision. The requirements that the certificate must identify the...

AP High Court Directs Tirumala Tirupati Devasthanams To Consider Rare Disease, Autoimmune Disorder Patients For 'Special Darshan' Quota

The Andhra Pradesh High Court has directed the competent authority of Tirumala Tirupati Devasthanams (TTD) to decide within four months a representation seeking expansion of 'Special Darshan' medical quota to devotees having debilitating illnesses like autoimmune disorders, rare diseases and severe blood related conditions. At present devotees having such medical conditions are presently...

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...