Andhra Pradesh & Telangana High Court Weekly Round-Up: May 13 – May 19, 2024

Nominal index: M/s Shree Swaminarayan Travels vs M/s Oil Natural Gas Corporation Limited 2024 LiveLaw (AP)33Shaik Mahaboob John vs High Court of Andhra Pradesh. 2024 LiveLaw (AP)34M.Sreenivasulu Vs The State Of Andhra Pradesh 2024 LiveLaw (AP)35Dara Prakash Rao Vs The State Of Andhra Pradesh 2024 LiveLaw (AP) 36 The District Co-Operative Marketing Society(DCMS) Vs Varam Soujanya 2024 LiveLaw (AP) 37M/S. Bharat Petroleum Corporation Limited vs Cheedella Annapurnamma 2024 LiveLaw (TS) 79Pathireddy Rajeshwar Reddy vs Vittal Dande and ors. 2024 LiveLaw (TS) 80Mr. Chintala Kumar Yadav Vs. State of Telangana and Ors. 2024 LiveLaw (TS) 81Report:[Arbitration Act] Courts Can Only Appoint Arbitrator U/s. 11(6) If Parties Fail To Refer Dispute To Arbitrator Even After Notice: Andhra Pradesh High CourtM/s Shree Swaminarayan Travels vs M/s Oil Natural Gas Corporation Limited 2024 LiveLaw (AP)33The Andhra Pradesh High Court bench of Chief Justice Dhiraj Singh Thakur held that to maintain an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, the Applicant is required to show that the Respondents failed to act as required under the arbitration clause and failed to refer the disputes to the Arbitrator even after a notice invoking the arbitration clause was served on the Respondents.Selection Process Cannot Be Cancelled In Absence Of Valid, Bonafide Reasons: Andhra Pradesh High CourtShaik Mahaboob John vs High Court of Andhra Pradesh. 2024 LiveLaw (AP)34The Andhra Pradesh High Court has held that while it may be true that the process of selection can be abandoned, yet the same can be done only for valid reasons.In a recent case, the court set aside the cancellation of a selection process for various government posts, eight years after its initiation, due to the absence of valid reasons. The court emphasized that such decisions cannot be arbitrary and must be based on sound reasoning and evidence.“Law with regard to the rights of candidates who participate in a selection process and may even find their names in the selection list based upon such a selection process is no longer res integra. It is settled that mere participation in the selection process does not give any indefeasible right to a candidate to get appointed and while the authorities have the right to abandon the selection process, yet the same can be done by giving proper reasons and justification and not arbitrarily.”Plea Alleging Cruelty During Marriage Not Maintainable After Divorce: Andhra Pradesh High CourtM.Sreenivasulu Vs The State Of Andhra Pradesh 2024 LiveLaw (AP)35The Andhra Pradesh High Court has held that when a marriage has already been dissolved, a petition under 498A and section 3 of the Dowry Prohibition Act is not maintainable.The order was passed in a criminal revision petition filed by the accused and his parents challenging the dismissal order passed against their discharge petitions in a criminal case filed in section 498A of the IPC and sections 3 & 4 of the Dowry Prohibition Act 1961.Justice T Mallikarjuna Rao relying on P. Siva Kumar & ors. V. State Rep., by the Deputy Superintendent of Police and ors, held:"In light of the observations outlined in the aforementioned decision, this Court perceives that there is no utility in prolonging the proceedings against the accused individuals, especially in light of the Family Court's order nullifying the marriage between the 1st Petitioner and the 2nd Respondent."Mosque Managing Committee Can Grant Lease Of Waqf Property For Less Than One Year: Andhra Pradesh High CourtDara Prakash Rao & Ors Vs The State Of Andhra Pradesh & Ors 2024 LiveLaw (AP) 36 The Andhra Pradesh High Court has held that a Mosque Managing Committee can be considered a 'Mutavalli' and is entitled to grant lease of any Waqf Property for a period of less than one year.“Rule 4 of the Wakf Lease Rules, stipulate that even a Muthavalli is entitled to grant leases of less than one year. Section 3(i) of the Wakf Act defines Muthavalli to include any Person, Committee, or Corporation for the time being Managing or administrating any Wakf property. As the Managing Committee of the 4th respondent has been appointed by the Wakf Board for such purpose, the said Managing Committee would be deemed to be the Muthavalli of the 4th respondent and would be entitled to grant leases below one year.”Admission Of Encroachment Not Proof Of 'Possession' For Grant Of Interim Injunction: Andhra Pradesh High CourtThe District Co-Operative Marketing Society(DCMS) Vs Varam Soujanya 2024 LiveLaw (AP) 37The Andhra Pradesh High Court has held that admission regarding encroachment cannot be construed to mean admitting possession. And that, for the grant of relief of interim injunction, a party must prove legally sustainable possession not just 'mere possession.'The order was passed by Justice B.S. Bhanumathi in a Civil Revision petition filed by the District Co-operative Marketing Society, Kadapa against whom an order of interim...

Andhra Pradesh & Telangana High Court Weekly Round-Up: May 13 – May 19, 2024

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