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 Andhra Pradesh High Court

State Cant Deny Widow Pension For Period Application Remained Pending Over Policy Decision: AP High Court

The Andhra Pradesh High Court has held that an eligible widow cannot be denied pension benefits for the period during which her application remained pending due to administrative delays. The Court directed the authorities to pay her pension arrears from the date of application, subject to the prescribed eligibility conditions.In doing so, the Court observed that the authorities could not take advantage of their own failure to process the application within the prescribed timeframe and deprive...

Delhi High Court | NEET-PG 2023 | Qualifying Percentile Reduction Challenge

The Andhra Pradesh High Court has denied Scheduled Tribe (ST) reservation benefits under the Andhra Pradesh State quota for MBBS admissions to a NEET-UG aspirant holding a Telangana-issued ST certificate, observing that recognition of the same community as a Scheduled Tribe in both States does not entitle her to reservation benefits in Andhra Pradesh.Article 342 of the Constitution empowers the President to specify Scheduled Tribes for each State or Union Territory, with Parliament empowered to...

Trial Court Cant Order Status Quo On Property Without Prima Facie Finding On Who Was In Possession Before Suit: AP High Court

The Andhra Pradesh High Court has set aside a temporary injunction protecting a plaintiff's alleged possession of property under a Rs. 1.5 crore sale agreement, holding that the trial court failed to record reasons establishing a prima facie case, balance of convenience and irreparable loss. It also declined to grant status quo without determining who was in possession immediately before the...

National Commission For Scheduled Castes Cannot Declare FIR False, Lacks Judicial Powers: AP High Court

The Andhra Pradesh High Court has held that the National Commission for Scheduled Castes (NCSC) cannot adjudicate upon the veracity of an FIR or declare it false, given its limited advisory and recommendatory role under Article 338 of the Constitution.Article 338 of the Constitution provides for the National Commission for Scheduled Castes and empowers it to investigate and inquire into...

AP High Court Quashes Disciplinary Proceedings Against Retired BSNL Employee As Time-Barred, Directs Release Of Retiral Benefits

The Andhra Pradesh High Court has quashed disciplinary proceedings initiated against a retired BSNL employee for failure to adhere to the four-year limitation prescribed under the BSNL Conduct, Discipline and Appeal Rules, 2006, and directed the authorities to release his retirement benefits. In doing so, the Court also set aside the consequential show-cause notice, holding that the...

State Cant Permit Unilateral Cancellation Of Registered Gift Deed By Donor Contrary To Transfer Of Property Act: AP High Court

The Andhra Pradesh High Court has held that that a donor cannot cancel a registered gift/settlement deed at will once the property has been transferred to the donee. Such unilateral cancellation cannot be registered without the bilateral consent of the parties or a decree from a competent Civil Court. Rejecting the registering authority's defence that Rule 26(i)(k)(i) of the A.P....

Tender Conditions Based On Procurement Needs Cant Be Challenged By Suppliers Unable To Meet Them: AP High Court

The Andhra Pradesh High Court upheld State Government's order introducing centralized system for procuring dietary items and non-perishable goods for Kasturba Gandhi Balika Vidyalayas (KGBVs), holding that the procurement policy cannot be faulted because some suppliers were unable to satisfy prescribed eligibility conditions.In doing so, the Court observed that the new procurement policy...

CA Students Future Earning Potential Must Be Considered While Determining Motor Accident Compensation: AP High Court Triples Award

The Andhra Pradesh High Court enhanced the accident compensation awarded over the death of a 23-year-old Chartered Accountancy student to Rs. 25.38 lakh, holding that the Motor Accident Tribunal failed to adequately consider his educational qualifications and “bright future” while assessing his earning potential.Dismissing an appeal filed by the Andhra Pradesh State Road Transport...

Motor Accident Compensation Can Exceed Amount Claimed If Evidence Justifies Higher Award: AP High Court

The Andhra Pradesh High Court has held that a Motor Accident Claims Tribunal must award the “just compensation” established by the evidence and cannot restrict it merely because the claim petition sought a lower amount. Section 168 of the Motor Vehicles Act, 1988 empowers the Claims Tribunal to determine and award the amount of compensation which appears to it to be “just” in respect...

Tyre Burst Cant Absolve Vehicle Owner Of Accident Liability In Absence Of Reasonable Care: AP High Court Grants ₹18 Lakh Compensation

The Andhra Pradesh High Court has upheld the Motor Accident Claims Tribunal's finding of negligence in a fatal tyre-burst accident, holding the vehicle owner vicariously liable for the driver's negligent act. In reaching this conclusion, the Court noted that a tyre burst or mechanical defect, by itself, could not absolve the vehicle owner of liability, particularly when there was no evidence...

Debtors Property Transfers Intended To Defeat Or Delay Creditors Amounted To Act Of Insolvency: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that a debtor committed an act of insolvency under the Provincial Insolvency Act, 1920, by transferring properties to his relatives through three sale deeds with an intention to defeat or delay his creditors."Thus, the findings recorded by the learned Judge are contrary to law. A plain reading of the unrebutted averments and the material placed on...