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...

Acquisition Of Property Culminates In Actual Possession, Not With Payment Of Compensation: Andhra Pradesh High Court

The Andhra Pradesh High Court has emphasised that the culmination of acquisition of a private property lies not in the payment of compensation, but in actual physical possession of land, and further that the State authorities must adhere to due process while acquiring such private land.While dealing with an issue where land acquisition was being conducted by State authorities in...

'District Judges Entitled To Protection Of Seniority': Andhra Pradesh High Court Quashes 2022 Seniority List

The Andhra Pradesh High Court has set aside a 2022 seniority list which made a category of District Judges junior to another category from the same recruitment process, on the grounds that the date of appointment were different.For context— the dispute arose after the State, in 2022, citing different dates of appointment under 10% accelerated and 65% promotion quotas, altered a 2017...

Mere Pendency Of Appeal Does Not Operate As Stay On Execution Of Trial Court's Decree: AP High Court

The Andhra Pradesh High Court has held that mere pendency of appeal in a Civil Court does not operate as stay on execution of a decree passed by the Trial Court.For context— the Court was dealing with a case where the petitioner lost a suit for eviction and filed an appeal, which was later dismissed for non-prosecution, leaving the Trial Court's decree intact. The decree holder...