CPC | Court Not A Post-Office To Receive Documents: Andhra Pradesh HC Says Defendants Must Justify Failure To File Docs With Written Statement

The Andhra Pradesh High Court recently held that the defendants should provide sufficient reasons if they fail to file documents with the written statement while filing an application in Order VIII Rule 1A (3) CPC. Justice BVLN Chakravarthi added that the provision mandates that documents ought to be produced in Court by the defendant under this rule, but, if not so produced shall not,...

Transit Buildings Inherently Temporary Structures, Cannot Be Repaired Or Made Permanent: Bombay High Court

The Bombay High Court recently held that transit buildings cannot be repaired or made permanent since they are inherently temporary and designed for short-term use.The division bench of Justice G.S Patel and Justice Kamal Khata added that these buildings were not subject to structural audit regulations.“Transit buildings are by the very nature of their construction and by structural...

Family Court Can Order Medical Test Even If Solemnisation Of Marriage Is Denied: Andhra Pradesh High Court Orders Husband's Potency Test

In a recent civil revision petition, Justice B.S. Bhanumathi of Andhra Pradesh High Court referring to Supreme Court ruling in Sharda v. Dharmpal (1985) held that a matrimonial Court has power to order a person to undergo medical test and it cannot be contended that the relief cannot be granted merely because the marriage was denied by a party.The petitioner filed main petition to annul...

Trial Courts Dealing With CBI/ ACB Cases Should Not Hastily Close Evidence Of Trap Laying Officer, Official Witnesses: Andhra Pradesh High Court

The Andhra Pradesh High Court has directed the Registrar General to issue Circular to all Trial Court judges dealing with Central Bureau of Investigation/ Anti Corruption Bureau (CBI/ACB) cases to stop hasty closing of 'Trap Laying Officer' and Official witnesses. "It is desirable to issue appropriate Circular by the High Court to all the trial Judges, who are dealing with CBI/ACB cases, not...

[Motor Accident] Andhra Pradesh High Court Orders Insurer To Compensate Driver Despite Negligent Driving

The Andhra Pradesh High Court recently allowed the claim for compensation of the driver of an offending vehicle which was involved in an accident, though the cause of accident was found to be rash and negligent driving on the part of the said driver.Justice V. Gopala Krishna Rao asked the insurance company and the owner of the vehicle to pay compensation to the driver who was injured in...

NI Act | Stamped But Incomplete Documents Qualify As Legal Instruments With Presumption Of Consideration: Andhra Pradesh High Court

The Andhra Pradesh High Court recently ruled in an appeal that inchoate or incomplete documents that are stamped in accordance with law relating to Negotiable Instruments are legal instruments under Section 20 of the Negotiable Instrument Act (NI Act).Justice T Mallikarjuna Rao added that the presumption of consideration applies to such instruments under Section 118(a) of the Act which needs...

Easement Rights To Be Retained After Division Of Property In A Partition Suit U/S 30 Of Easements Act: Andhra Pradesh High Court

Applying Section 30 of the Indian Easements Act, the Andhra Pradesh High Court recently ruled that parties are entitled to retain their easement rights including water or passage rights as possessed before division of properties for equitable distribution in a partition suit. Justice T Mallikarjuna Rao added that recognition of the inherent easementary rights as previously enjoyed during...

Motor Accident | Insurer To Compensate Third Party Even If Driver Was Not Having Valid License, May Recover From Owner: Andhra Pradesh High Court

The Andhra Pradesh High Court has reiterated that an Insurance Company is liable to satisfy the third-party claim in a motor vehicle accident even if the driver of insured vehicle had breached policy terms and conditions. The Insurance company can later recover the award amount from the driver of the offending vehicle, it said. In this case, the claim petitioners being wife and children of...

Motor Vehicle Accident | Policy Holder's Family Members Not Protected In Third Party Insurance Claims: Andhra Pradesh High Court

In a motor accident claim case, Justice V Gopala Krishna Rao of the Andhra Pradesh High Court observed that son of the owner of offending vehicle is not a third party and cannot be compensated by insurance company under third party insurance claims.Factual MatrixThe claimant was engaged as a cleaner of a lorry and due to rash driving by the lorry driver, it met with an accident and the...

Second Wife Though Not Legally Wedded Entitled To Protection For Service Claims Of Deceased Husband: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that a second wife is entitled for service and terminal benefits of her deceased husband, even if she does not acquire the status of “legally wedded wife”. "We are of the considered view that in such matters, even if it is found that the second wife does not acquire the status of wife, for the marriage having been contracted during the subsistence of...

Loan Recovery | Bank Can Invoke Simultaneous Proceedings Under SARFAESI Act And Arbitration Act: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that a Bank can invoke SARFAESI and Arbitration Act proceedings simultaneously to recover outstanding loan amounts. Furthermore, writ courts should be extremely circumspect of granting orders in cases of the SARFAESI Act as effective remedy lies before the Debt Recovery Tribunal (DRT). In this case, the Petitioners had availed a total loan amount of...

Additional District Judge Can Hear Divorce Plea Under Section 27 Of Special Marriage Act: Andhra Pradesh High Court

The Andhra Pradesh High Court recently held that an Additional District Judge has the jurisdiction to hear and dispose of divorce petitions filed under Section 27 of the Special Marriage Act, 1954.Justice R. Raghunandan Rao added that Section 11(2) of the A.P Civil Courts Act empowers the District Judge to transfer cases to the Additional District Judge, thus strengthening the above...