Andhra Pradesh & Telangana High Court Weekly Round-Up: [19 -25 February, 2024]

Nominal Index:Andhra Pradesh HC:The Project Director, National Highways Authority of India vs M/s. Vijayanagaram Hatcheries Pvt. Ltd 2024 LiveLaw (AP) 14Merla Bhavani Shankar Prasad vs. Vallabhaneni Mytri Priyadarshini 2024 LiveLaw (AP) 15BANDI GOWRI Versus BANDI SUBBA RAO 2024 LiveLaw (AP) 16Gundala Siva Prasad Reddy vs State of Andhra Pradesh and Ors.2024 LiveLaw (AP) 17Telangana HC:Tallapelli Kamalamma Died vs. Tallapelli , JannuLudiaBloosom 2024 LiveLaw (TS) 37K. Venkateswara Rao vs Union Of India 2024 LiveLaw (TS) 38M/S. Bharat Heavy Electricals Limited vs State Of Telangana And Others. 2024 LiveLaw (TS) 39Pulipati Srinivas vs. The State of Telangana 2024 LiveLaw (TS) 40Orders/Judgements this week:Writ Petition Not A Remedy For Execution Of Arbitration Award: Andhra Pradesh High CourtThe Project Director, National Highways Authority of India vs M/s. Vijayanagaram Hatcheries Pvt. Ltd 2024 LiveLaw (AP) 14The Andhra Pradesh High Court division bench comprising Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao held that that it lacks the authority in writ petition to enforce an award issued by an arbitrator when it is already challenged under Section 34 of the Arbitration and Conciliation Act, 1996.Suspect Deleted From Chargesheet Can Be Added As Accused At Cognizance Stage, Need Not Wait For Trial To Reach Stage Of S.319 CrPC: AP High CourtMerla Bhavani Shankar Prasad vs. Vallabhaneni Mytri Priyadarshini 2024 LiveLaw (AP) 15The Andhra Pradesh High Court has held that in a criminal case, one need not wait till the case reaches the stage at which a petition under section 319 of the CrPC can be filed to array the names of deleted accused and that a Magistrate can take cognizance against deleted accused at the time when the chargesheet is filed.Further it noted that "The Hon'ble Supreme Court also held that there is no need to wait till the stage of Section 319 Cr.P.C. was reached, before proceeding against the persons against whom a prima facie case was made out from the materials contained in the case papers sent by the learned Magistrate while committing the case to the Court of Session. It is also observed that waiting till the stage of Section 319 Cr.P.C., the trial would have to be commenced de novo against such persons which would not only lead to duplication of the trial, but also prolong the same.."Convenience Of Non-Earning Wife Takes Precedence Over Inconvenience Of Employed Husband: Andhra Pradesh High Court Transfers Divorce CaseBANDI GOWRI Versus BANDI SUBBA RAO 2024 LiveLaw (AP) 16The Andhra Pradesh High Court has held that in matrimonial disputes the convenience of the wife takes precedence over that of the husband. "A perusal of copy of charge sheet...prima facie, supports the contention of the petitioner that now she is residing in her uncle's house at Kadapa city, which was failed to consider by the learned Principal District Judge, Kadapa. In matrimonial proceedings, the convenience of wife has to be considered than the inconvenience of husband who admittedly working as a software engineer and getting salary.”'Based On Speculation, Tarnishes Reputation': AP High Court Junks Lawyer's Plea Accusing AG Of Corrupt Practice In Appointment Of Standing CounselGundala Siva Prasad Reddy vs State of Andhra Pradesh and Ors.2024 LiveLaw (AP) 17The Andhra Pradesh High Court has expressed strong displeasure over an Advocate's PIL seeking removal of a Standing Counsel and a consequential CBI inquiry into the appointments made on the recommendation of the Advocate General alleging 'corrupt practices for personal gains'.Interestingly, we cannot help but notice that the petitioner has not challenged the appointment of the counsel who is alleged to be a beneficiary by filing W.P.No.20349 of 2019, in the present petition, neither has he been made as a party respondent in the present case. It appears that the present petition has been filed not on account of general concern for the public, but somehow to settle scores with respondent No.4 (Advocate General), against whom the petitioner a C.B.I. inquiry merely on the ground that he has been instrumental in making recommendation for extension of tenure of respondent No.5 (SC in question) as a Law Officer for the Municipalities and Municipal Corporations in the High Court," the Bench regarded.Daughter's 'Good' Financial Status Can't Be Grounds To Disallow Her From Seeking Share In Self-Acquired Properties Of Her Father: Telangana HCTallapelli Kamalamma Died vs. Tallapelli , JannuLudiaBloosom 2024 LiveLaw (TS) 37The order was passed by Justice M.G. Priyadarshini in an appeal by a brother against his sister after a partition suit was decreed in her favour. The brother had relied upon a will alleged to have been executed by their father, wherein it was stated that the sister was being disallowed from claiming a share in the self-acquired property of her father due to her good financial status. The trial court disbelieved the alleged will and decreed...

Andhra Pradesh & Telangana High Court Weekly Round-Up: [19 -25 February, 2024]

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