S.141 NI Act | Signatory Cannot Be Made Vicariously Liable In A Sole Proprietary Trading: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that a signatory cannot be made vicariously liable under Section 141 of N.I. Act,1881 in a sole proprietary trading.The petitioner/A2, was the authorized signatory to the sole proprietorship of A1 and had approached the Court by way of a Criminal Revision petition against the orders of the lower Court which had convicted him under sections 138 and 141...

Andhra Pradesh High Court To Take Up Monitoring Of Cases Against MP's & MLA's Upon Supreme Court's Directions

The Andhra Pradesh High Court took up proceedings to monitor and fast-track the cases filed against MLAs & MPs, following the directions passed by the Supreme Court, The division Bench comprising Justice U. Durga Prasad Rao and Justice M. Kiranmayi took up the matter on Thursday and adjourned it to Monday (11.12.23) due to the unavailability of the Advocate General. The Special Bench...

Suit Property May Be Identified Based On Prevailing Boundaries, Survey Of All Adjacent Lands Not Required: Andhra Pradesh High Court

In an appeal suit filed by a defendant challenging Trial Court's decree and judgment in a suit for declaration, the Andhra Pradesh High Court has observed that suit property may be identified with reference to prevailing boundaries and it is not necessary to survey all adjacent lands to decide a claim of encroachment.The court relied on the Apex Court's decision in Subhaga v. Shobha, where...

S. 304 IPC | Andhra Pradesh High Court Sets Aside Conviction Upon Finding 'Glaring Inconsistencies' Between Ocular And Medical Evidence

The Andhra Pradesh High Court has set aside a conviction under section 304 of the IPC upon finding that the trial court overlooked the 'glaring inconsistencies between the ocular/eyewitness testimony and medical evidence.'Prosecution alleged that the deceased was thrown off a stage by the accused, following which the accused struck him with a stool, leading to him sustaining grievous...

Former Minister Approaches AP High Court Alleging Agricultural Electricity 'Smart Meter' Tender Awarded For '600% More Than Price Fixed By Union Govt'

The Andhra Pradesh High Court has issued notice to the State, APEPDCL, APCPDCL and APSPDCL in a Public Interest Litigation filed by a former Agriculture Minister of the State, challenging the grant of a tender for revamping existing agricultural electricity meters with smart meters by the Power Distribution Companies at a price which was 600% more than the price fixed by the Union of...

AP High Court Directs Advocate General To Approach TSHC For Division Of Staff From Erstwhile APHRC If 'Nothing Fruitful Comes From Telangana AG's Assurances'

In an interesting development, the Andhra Pradesh High Court has directed the Advocate General for the State of Andhra Pradesh to approach the Telangana High Court by way of a petition for the division of sanctioned posts in the erstwhile Andhra Pradesh Human Rights Commission.A division Bench of Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao observed that such steps ought to...

“Statistics Won't Do Much, Show Results”: Andhra Pradesh High Court On 'Massive' Encroachment In Kolleru Wildlife Sanctuary

The Andhra Pradesh High Court has directed the State to take action against illegal encroachment in the Kolleru Wild Life Sanctuary and file a status report on the same.The bench was seized with a contempt case that arose out of the State's inaction in clearing the alleged illegal encroachments on the banks of the Kolluru Lake, which the Court had directed in an earlier PIL, which was disposed...

Can Govt Policy Be Pushed In Individual's Name?: High Court Asks AP Govt In PIL Challenging 'Why Andhra Needs Jagan' Campaign

In issuing notice on a PIL seeking to restrain government employees from participating in a political program called “Why AP Needs Jagan,” the Andhra Pradesh High Court noted that it was not unheard of for Government employees to be involved with various self-help groups.A Division Bench of Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao orally remarked:“Achievements of...

AP High Court Orders Status Quo Over Construction Of Parking Space On Vizag Coast, Lauds Objective But Says Permissions Had To Be Sought

The Andhra Pradesh High Court has ordered Status Quo on construction by the Visakhapatnam Metropolitan Region Development Authority (VMRDA) at the foot-steps of Kailsagiri Hills and Tenneti Park, Vishakapatnam, Andhra Pradesh, which allegedly falls within the prohibited Coastal Regulation Zone ("CRZ").A Division Bench of Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao...

Andhra Pradesh High Court Seeks Status Report About Online RTI Portal, Says It Is High Time That State Takes Action

The Andhra Pradesh High Court has directed the State government to file a compliance report in respect of immediately setting up an online RTI portal for the State in accordance with the Apex Court's judgement in Pravasi Legal Cell vs Union of India & Ors. (2023).“We are not sure if the GAD (General Administration Department) or the ITEC (Information Technology, Electronics...

Andhra Pradesh High Court Dismisses Plea Challenging Denial Of GST ITC Claim On The Basis Of Transfer Done Manually Not Electronically

The Andhra Pradesh High Court has dismissed the plea challenging the denial of the GST input tax credit (ITC) claim on the basis that the transfer was done manually, not electronically.The bench of Justice Ravi Nath Tilhari and Justice A V Ravindra Babu has observed that the petitioner’s plea to read down the provisions of Rule 41 of the CGST Rules and to direct to accept the manual...

No Mandate Under CrPC For Witness To Appear Only When Summoned: Andhra Pradesh High Court Sets Aside Conviction Of Two

The Andhra Pradesh High Court has set aside the conviction of two individuals charged under the A.P. Prohibition Act, 1995, holding that when two views are possible in a Criminal Case, the one favouring the accused is to be adopted.Court further emphasized that there is no mandate under the Code of Criminal Procedure that a witness has to appear before the Court to give evidence only on...