Court Can't Refuse To Receive A Document In Evidence Simply Because It Is 'Weak', 'Xerox' Or Allegedly 'Fabricated': Andhra Pradesh High Court

The Andhra Pradesh High Court recently held that the Trial Court’s order to not receive certain documents on record by simply stating that they are a photostat or are alleged by the prosecution to be weak or fabricated, is against the principles of justice. “The truth or otherwise of the contents of these documents is a matter that should be decided in the trial and not at the threshold...

Departmental Proceedings Not Affected By Acquittal In Criminal Case Unless Acquittal Is 'Clean Or Honourable': Andhra Pradesh High Court

The Andhra Pradesh High Court has recently held that the order of acquittal in criminal proceedings will have no bearing on departmental proceedings unless the acquittal is clean or honourable.The Division Bench of Justice Ravi Nath Tilhari and Justice Manmadha Rao was hearing a petition challenging the order of the Andhra Pradesh Administrative Tribunal (APAT) dismissing the...

Railway Service Pension Rules | Leave For Which Salary Is Not Payable Not Counted Towards 'Qualifying Service': Andhra Pradesh High Court

The Andhra Pradesh High Court has held that under Railway Service Pension Rules 1993, period of 'Leave without Pay' (LWP) cannot be counted as qualifying service for pensionary benefits."The period of absence, treated as leave without pay, may not be covered under Rule 14(x), (of Railway Service Pension Rules, 1993) but the question is if such a period would be covered under Rule 36. We...

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...