Infirmities In Remand Order Affecting Constitutional Safeguards Can’t Be Cured Subsequently: Andhra Pradesh High Court Grants Interim Bail To Accused

While granting interim bail to an accused in a case under Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999 and Chit Funds Act, the Andhra Pradesh High Court said the infirmities affecting ‘constitutional safeguards’ cannot be cured by the subsequent order of remand by the special court.The court passed the order in habeas corpus petition which alleged that...

Can Clients Of Sex Workers Be Prosecuted Under Sections 370 Or 370A IPC? Andhra Pradesh High Court Division Bench To Decide

A single judge of the Andhra Pradesh High Court has made a reference for a decision of a division bench on the legal question whether clients or customers of sex workers can be prosecuted under Sections 370 and 370A IPC."Registry is directed to place the matter before the Hon'ble the Chief Justice for constitution of an appropriate Bench for deciding the reference 'whether, in a case...

Mother's Right To Custody Of Children Not Absolute Or Superior, Father Lawful Guardian Of Minor Son Under Muslim Law: Andhra Pradesh High Court

The Andhra Pradesh High Court quashed an FIR filed in 2022 against a Muslim father for allegedly kidnapping his 8- and 10-years-old sons from the custody of their mother. The court said that under Muslim law, the father is the lawful guardian of his male children during their minority, and the mother can claim custody of such a child until the age of seven.Justice K. Sreenivasa Reddy said...

Litigation Should Not Be Terminated By Default, Cause Of Justice Requires Adjudication On Merits As Far As Possible: Andhra Pradesh High Court

The Andhra Pradesh High Court has allowed the condonation of a delay of 339 days for the suit filed in 2012 for a permanent injunction to restrain the defendant from obstructing the use of the passage in any manner by taking the bullock cart.The bench of Justice Ravi Cheemalapati said that, “Ordinarily, the litigation should not be terminated by default, either of the plaintiff or...

Banda Laagudu Poteelu: Andhra Pradesh High Court Refuses To Permit Bull Race, Says It is Prohibited Under Law

The Andhra Pradesh High Court rejected the plea to organize bull racing during the customary festival 'Urusa' in Renata village, Kurnool District, stating that it would be violative of the Prevention of Cruelty to Animals (PCA) Act.Justice B.S. Bhanumathi said that the proposed bull race falls within the scope of sections 11(1)(a) of the PCA and is also violative of Section 3 of the Act....

Ejaculation Not Necessary Pre-Requisite For Purpose Of Proving 'Penetrative Sexual Assault' Under POCSO Act: Andhra Pradesh High Court

Upholding the conviction of an accused in a case of rape, the Andhra Pradesh High Court said all that is required to prove the offence of ‘penetrative sexual assault’, defined under Section 3 of the POCSO Act is, mere penetration.In 2016, the accused was sentenced by trial court to undergo rigorous imprisonment for a period of ten years for committing aggravated penetrative sexual assault...

Mere Existence Of Blacklisting Clause In Work Agreement Doesn't Entitle Supplies Corporation To Blacklist Supplier Without Notice: Andhra Pradesh HC

The Andhra Pradesh High Court has said that mere existence of a clause in the work agreement empowering the State Civil Supplies Corporation to blacklist a supplier would not entitle the Corporation to go ahead with the blacklisting without serving a notice expressing its mind to blacklist the supplier.Justice Ravi Nath Tilhari made the observation while quashing the Corporation’s order...

Andhra Pradesh High Court Directs State To Follow Due Process In Land Acquisition For Road Widening In Narsipatnam

The Andhra Pradesh High Court has directed the State to follow due process of law contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in acquiring the properties of residents in Narsipatnam for the purpose of widening the road."Till the property of the petitioners is acquired by following due process of law as...

Andhra Pradesh High Court Upholds Labour Court's Decision To Reinstate Terminated Workman For Violation Of Principles Of Natural Justice

The Andhra Pradesh High Court has upheld the decision of the Labour Court to reinstate a workman, who was terminated by a private company for not joining the service on the notified date, without holding the enquiry and following the principle of natural justice.The court was hearing the writ petition filed by the company against the Labour’s Court decision of reinstatement.The bench...

Judicial Review Of Tender Conditions Is Limited: Andhra Pradesh High Court

The Andhra Pradesh High Court has dismissed a writ petition challenging the conditions imposed by the tender inviting authority, stating that judicial review in such matters is very limited.The bench of Justice Ravi Nath Tilhari observed, “formulation of tender invitation conditions i.e as to what conditions are to be incorporated falls within the administrative domain of the authority....

Criminal Case Files Involving State Minister Stolen From Nellore Court: Andhra Pradesh HC Transfers Probe To CBI

The Andhra Pradesh High Court has asked the CBI to probe into the theft of important case files from a Nellore Court. The case involves a serving Minister in the Government of Andhra Pradesh.Exercising suo moto writ jurisdiction, a division bench of Chief Justice Prashant Kumar Mishra and Justice M. Satyanarayana Murthy said:"When such importance is accorded to criminal cases against...

18% GST Payable On Manufacturing Of Alcohol For Human Consumption By Way Of Job Work: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that 18% GST is payable on the manufacturing of alcohol for human consumption by way of job work.The division bench of Justice C. Praveen Kumar and Justice A.V. Ravindra Babu has observed that alcoholic liquor is not considered a food. Services by way of job work in relation to the manufacture of alcoholic liquor for human consumption are not eligible for...