'Mahapadayatra' Can Be Conducted Only With 600 Identified Farmers : Andhra Pradesh High Court

The Andhra Pradesh High Court refused to modify restrictions imposed by it on 'Maha Padayatra' announced by Amaravati Parirakshana Samiti.The Samiti had announced 'Maha Padayatra' from Amaravati to Arasavilli for expressing their protest against the proposed establishment of three capitals in the State of Andhra Pradesh.In an order passed last month, the High Court had issued the...

Once Registered As MSME, The Nature Of Activity Cannot Be A Bar To Any Relief Under The Act: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that once an enterprise is registered with the local MSME Council, it is entitled to all the benefits of the Act and the nature of activity between the parties cannot stand as a bar to any relief provided under the act. The bench of Justice R. Ragunandan Rao held that MSME Council cannot dismiss an application under Section 18 of the Act on...

Weight Of Arbitration Award (Delivery) Cannot Be Just 55 Grams: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that an arbitration award would weight more than 55 grams and a consignment weighing 55 grams cannot be deemed to be a valid delivery of award. The bench of Justice R. Raghunandan Rao also held that an arbitral award passed in violation of Section 7 and 11 of the A&C Act would be a nullity. It held that in absence of an arbitration...

Right To Contest Elections Only A Statutory Right, Not A Fundamental Right: Andhra Pradesh High Court

The Andhra Pradesh High Court has reiterated that the right to contest elections is not a fundamental right but only a statutory right. The observation was made by a single bench of Justice Cheekati Manavendranath Roy in context of the AP Societies Registration Act, 2001.The petitioner in this case submitted that he was an employee in the Revenue Department of Andhra Pradesh Secretariat...

Rival Groups Shall Not Be Permitted To Meet In Proximity Of Amaravati Maha Padayatra Against Three Capitals: High Court To State

The Andhra Pradesh High Court on Friday, while hearing a writ petition filed by the Amaravati Parirakshana Samiti Trust, passed multiple directions to ensure the smooth conduct of the Maha Padayatra from Amaravati to Arasavilli, in protest against the proposed establishment of three capitals in the State. The petitioner trust along with two persons alleged that after commencement of...

Second Writ On Same Subject Without Disclosing Pending Litigation: Andhra Pradesh HC Imposes 1 Lakh Cost, Initiates Criminal Contempt Action

The Andhra Pradesh High Court, while dismissing a second writ petition filed by the petitioner against the same respondents and for the same relief, observed that the filing of the second writ petition amounted to abuse of the process of the Court. The petitioner had approached the High Court praying for the issuance of the writ of mandamus directing the authorities to remove...

Mutation Order Cannot Be Based On Title Deed When Title To Property Under Dispute: Andhra Pradesh High Court

The Andhra Pradesh High Court, while hearing a writ petition challenging the mutation proceedings and the mutation order passed by the Municipal Commissioner, Tirupati ('Commissioner'), held that mutation orders must be made on the basis of possession and not based on title deed, when the title itself is contested. The petitioner had filed the petition for the issuance of the writ...

'Promotes Obscenity': PIL Filed Against TV Reality Show Bigg Boss Telugu Before Andhra Pradesh High Court

A public interest litigation has recently been filed before the Andhra Pradesh High Court against showcasing television reality show 'BIGG BOSS 6' (Telugu season) on grounds that the show promotes obscenity and vulgarity, among others. The petitioner claims to be a Film Producer and has arrayed the Indian Broadcasting Foundation ('IBF'), the Central Board of Film Certification...

Review Of Judgment/Order Passed Under Section 11 Of The A&C Act Is Not Permissible: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that review of an order/judgment passed under Section 11 of the A&C Act is not permissible. The Bench of Justice R. Raghunandan Rao held that power of review is the creature of a statute and in absence of any such provision in a statute, an order/judgment cannot be reviewed on its merit unless it is for some procedural irregularity....

Andhra Pradesh High Court Quashes Rejection Of GST Refund Application By Axis Bank

The Andhra Pradesh High Court has quashed the rejection of a GST refund application by Axis Bank and remanded the matter back to the original authority.The division bench of Justice C. Praveen Kumar and Justice A.V. Ravindra Babu has referred to a circular dated 25.09.2021 issued clarifying that the insertion of rule (1A) to Rule 89 provides a time limit of 2 years. The two-year time limit...

Punishment Of Dismissal Proportionate For Bank Employees For Failure To Discharge Duty: Andhra Pradesh HC

The Andhra Pradesh High Court recently held that Bank employees are required to exercise higher standards of honesty and integrity and if any such employee is found guilty of failure to discharge his duty with diligence, he can be meted with the dismissal from service as a proportionate punishment. In Chairman & Managing Director, United Commercial Bank v. P.C. Kakkar (2003),...

GST Refund Application: Andhra Pradesh High Court Excludes Period From 1st March, 2020 to 28th February, 2022 For Limitation

The Andhra Pradesh High Court has relied on the notification dated 05.07.2022 and held that the period from 1st March, 2020 to 28th February, 2022, for the computation of the period of limitation for filing refund applications shall stand excluded.The division bench of Justice C. Praveen Kumar and Justice A.V. Ravindra Babu has observed that the application for refund was not made beyond...