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...

Payment Of Gratuity Act Is A Beneficial Legislation For Employees And Overrides Other Enactments: Andhra Pradesh High Court

In a recent ruling, the Andhra Pradesh High Court reiterated that Payment of Gratuity Act, 1972 has to be interpreted in favour of workman and it overrides all other statutory legislations. The court relied on Apex Court decision in Beed District Central Coop. Bank Ltd. v. State of Maharashtra (2006) in which it was held "the Payment of Gratuity Act is a beneficial statute. When two...

PwD Act | Alternate Employment With Same Pay Benefits To Employee Who Suffers Disability During Course Of Employment A Statutory Right: Andhra HC

In a recent case, the Andhra Pradesh High Court allowed payment of wages to a workman from the date he suffered from disability during course of employment till he was provided an alternative employment under Section 47 of Persons with Disabilities (Equal opportunities, Protection of Rights and Full participation) Act, 1995."Section 47 itself provides for grant of alternative employment to...

Workmen Compensation Award Must Record Finding On Jurisdictional Fact Whether Injury/Disease Is Caused Incidental To Duties Of Service: Andhra Pradesh HC

In a recent case, the Andhra Pradesh High Court observed that the Commissioner in an award under Workmen Compensation Act, 1923 has to make a specific finding on whether the injury has been caused to employee by accident arising out of and in the course of employment or if the employee has contracted any occupational disease peculiar to that employment. Brief Facts of the...

Can A Transgender Woman Be A Complainant Under Section 498-A IPC: Andhra Pradesh High Court To Examine

A criminal quashing petition has reached the Andhra Pradesh High Court requiring it to examine whether a Transgender woman can file a complaint for dowry harassment under Section 498A of IPC.The petition contends that a plain reading of section 498A makes it clear that complaint with allegations under this section should be made by a 'woman' and hence, a complaint under this provision by...

Criminal Proceedings And Disciplinary Enquiry Can Go On Simultaneously: Andhra Pradesh High Court

In a recent case, the Andhra Pradesh High Court placing reliance on multitude of decisions reiterated the point that disciplinary proceedings should not be stayed only on the sole ground that criminal proceedings are pending. In the facts of the case, the criminal proceedings were installed for last more than almost 12 years without any progress. Furthermore, Justice Ravi...

Acquittal In Criminal Case Can Be Considered To Determine Punishment In Department Enquiry: Andhra Pradesh High Court

In a recent case, the Andhra Pradesh High Court held that the order of acquittal in a criminal case can be considered in a punishment to be imposed in the departmental enquiry. However, the order of acquittal will not be determinative where (i) the order of acquittal has not been passed on the same set of facts or same set of evidence; (ii) where the delinquent officer was charged...

Municipalities Cannot Grant Permission For Installation Of Statute/ Structures In Public Utility Places: Andhra Pradesh High Court

The Andhra Pradesh High Court has made it clear that Municipal Corporation or Municipalities cannot grant any permission for installation of any statute or construction of any structure in public roads, pavements, sideways and other public utility places.A single judge bench of Justice Ravi Nath Tilhari further held that even if any permission was granted previously pursuant to which...

Lessee Mining Company Liable To Pay 'Dead Rent' When Unable To Extract Mineral For Non-Availability Of Clearances: Andhra Pradesh High Court

Andhra Pradesh High Court dismissed a writ petition filed by Mangalore Minerals Private Limited for a declaration that the action of the State Government in insisting for payment of dead rent for the period 2013-20, even though the quarry was not in operation for want of environmental clearance, as violative of Articles 14, 19 and 300A of the Constitution of India. The Court...