Heart Attack While Driving On Duty Is An 'Accident' For Claim Under Workman's Compensation Act: Andhra Pradesh High Court

The Andhra Pradesh High Court held that a heart attack suffered by a lorry driver while on duty could be considered a work-related death, eligible for compensation under the Employees Compensation Act, 1923. In this case, the court dismissed the insurer's appeal against a compensation award granted to the family of the deceased driverThe order was passed by Justice Nyapathy Vijay in a...

Andhra Pradesh & Telangana High Court Weekly Round-Up: May 13 – May 19, 2024

Nominal index: M/s Shree Swaminarayan Travels vs M/s Oil Natural Gas Corporation Limited 2024 LiveLaw (AP)33Shaik Mahaboob John vs High Court of Andhra Pradesh. 2024 LiveLaw (AP)34M.Sreenivasulu Vs The State Of Andhra Pradesh 2024 LiveLaw (AP)35Dara Prakash Rao Vs The State Of Andhra Pradesh 2024 LiveLaw (AP) 36 The District Co-Operative Marketing Society(DCMS) Vs Varam Soujanya 2024...

Admission Of Encroachment Not Proof Of 'Possession' For Grant Of Interim Injunction: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that admission regarding encroachment cannot be construed to mean admitting possession. And that, for the grant of relief of interim injunction, a party must prove legally sustainable possession not just 'mere possession.' The order was passed by Justice B.S. Bhanumathi in a Civil Revision petition filed by the District Co-operative Marketing Society,...

Mosque Managing Committee Can Grant Lease Of Waqf Property For Less Than One Year: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that a Mosque Managing Committee can be considered a 'Mutavalli' and is entitled to grant lease of any Waqf Property for a period of less than one year. “Rule 4 of the Wakf Lease Rules, stipulate that even a Muthavalli is entitled to grant leases of less than one year. Section 3(i) of the Wakf Act defines Muthavalli to include any Person, Committee,...

Plea Alleging Cruelty During Marriage Not Maintainable After Divorce: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that when a marriage has already been dissolved, a petition under 498A and section 3 of the Dowry Prohibition Act is not maintainable. The order was passed in a criminal revision petition filed by the accused and his parents challenging the dismissal order passed against their discharge petitions in a criminal case filed in section 498A of the IPC...

Mere participation in the selection process does not guarantee an absolute right to appointment ,but a valid reason is required before canceling such a process: Andhra Pradesh High Court

A division bench of the Andhra Pradesh High Court comprising of Hon'ble Mr. Justice Dhiraj Singh Thakur, Chief Justice & Hon'ble Mr. Justice R. Raghunandan Rao, while deciding Writ Petitions in the case of Shaik Mahaboob John vs. High Court of Andhra Pradesh, held that merely participating in the selection process does not automatically ensure an absolute entitlement to...

[Arbitration Act] Courts Can Only Appoint Arbitrator U/s. 11(6) If Parties Fail To Refer Dispute To Arbitrator Even After Notice: Andhra Pradesh High Court

The Andhra Pradesh High Court bench of Chief Justice Dhiraj Singh Thakur held that to maintain an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, the Applicant is required to show that the Respondents failed to act as required under the arbitration clause and failed to refer the disputes to the Arbitrator even after a notice invoking the arbitration clause...

Selection Process Cannot Be Cancelled In Absence Of Valid, Bonafide Reasons: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that while it may be true that the process of selection can be abandoned, yet the same can be done only for valid reasons. In a recent case, the court set aside the cancellation of a selection process for various government posts, eight years after its initiation, due to the absence of valid reasons. The court emphasized that such decisions cannot...

Once Employer Deposes Salary Particulars, Not Open For Insurance Company To Quantify Compensation As Per Wages Under Minimum Wages Act, 1948: Andhra Pradesh High Court

The Andhra Pradesh High Court single bench of Justice Nyapathy Vijay held that once the employer himself deposed about the salary particulars, it is not open for the insurance company to insist on quantification of compensation under Workmen Compensation Act as per the wages fixed under the Minimum Wages Act, 1948. Brief Facts: The Respondents all directly depended on...

Andhra Pradesh High Court Partially Stays Contempt Proceedings Against Former Principal Secy (Finance) For Violating Court Orders

A division bench of the Andhra Pradesh High Court has stayed part of the contempt proceedings and adverse findings against the Principal Secretary to the Government (Finance Department) suo-motu taken up by the Court last week.“We have perused the observations in paragraphs 35, 36 and 37 of the impugned order. The remarks are certainly adverse. It would not be difficult to state that...

Kidnapping | AP High Court Pulls Investigating Agency For Failure To Prove Alleged Ransom, Says It's An Essential Element Of S.364A IPC

The Andhra Pradesh High Court has reiterated that when an offense is alleged under section 346A of the Indian Penal Code, the prosecution needs to prove two aspects, i.e., the act of kidnapping and threat of hurt or death to compel the kidnapped person or any person to make ransom; and in the absence of either it cannot be said that an offense under the section has taken place.The order...

"Executive Arrogance": Andhra Pradesh HC Initiates Contempt Action Against Secretary To State's Finance Dept Over Delay In Compassionate Appointment

The Andhra Pradesh High Court has initiated suo moto contempt proceedings against the Principal Secretary to Government's Finance Department due to failure on part of the Department to grant compassionate appointment to the petitioner, despite clear directions from the Court.Justice G. Ramakrishna Prasad said the Principal Secretary ought to have simply proceeded in terms of the 'letter...