Andhra Pradesh High Court
'Child Welfare Prevails Over Foreign Orders': AP High Court Rejects Father's Plea Seeking Enforcement Of UK Court Custody Order
While dismissing a writ of of habeas corpus filed by a father before the Andhra Pradesh High Court seeking custody of his minor-child (a UK citizen) in order to enforce an order passed by the Family Court of England, the High Court has observed that such a writ cannot be employed to enforce foreign court orders, and reaffirmed that the minor's welfare is paramount and prevails over...
Clubbing Multiple Contracts In One Writ Petition Maintainable Subject To Payment Of Aggregate Court Fee: Andhra Pradesh High Court
The Andhra Pradesh High Court has observed that in writ petitions relating to contractual matters where the causes of action are different and distinct, a single writ petition is maintainable, however, subject to payment of aggregate court fee as prescribed in Section 6(3) of the Andhra Pradesh Court-Fees and Suit Valuation Act, 1956 (1956 Act).For reference— Section 6(3) states that where...
Non-Compliance Of Judicial Orders By Govt Officials 'Shameful', Derogatory To Constitution: Andhra Pradesh High Court
The Andhra Pradesh High Court has set-aside a contempt conviction against senior government officials, accepting their unconditional apology for delay in complying with a previous order of the Court, and has subsequently emphasised that officials adopting a casual approach in complying with Court orders not only undermines the Constitution, but is also “shameful” to the position and...
Electricity Supply Can't Be Denied To Occupant Due To Ownership Dispute: Andhra Pradesh High Court
While emphasising that electricity is a basic necessity, the Andhra Pradesh High Court has observed that mere pendency of civil litigation does not constitute grounds for discontinuation of power supply to a consumer, unless there exists an order explicitly restraining supply of electricity.Justice Ninala Jayasurya was dealing with a writ petition filed by a 62-year old woman who had purchased...
“Nothing But Exploitation”: Andhra Pradesh High Court Flags Long-Term Engagement Of Temporary Workers Without Regularisation
The Andhra Pradesh High Court has strongly deprecated the State's long-standing practice of engaging workers on ad-hoc basis for decades, extracting work equivalent to that of full-time employees, while paying them meagre wages and refusing regularisation and benefits arising out of it.The criticism was propounded by a Division Bench comprising Justice Battu Devanand and Subhendu Samanta...
Hindu Succession Act | Husband Gets No Share In Parental Property Inherited By Wife: Andhra Pradesh High Court
The Andhra Pradesh High Court has stated that property inherited by a female Hindu from her parents shall devolve upon the heir/s of her father if she dies intestate, and such property shall not devolve upon her husband or his heirs.Referring to Section 15(2)(a) of Hindu Succession Act, which governs devolution of parental property to heirs, Justice Tarlada Rajasekhar Rao held,“The bare...
Compassionate Appointment Must Match Candidate's Qualification If Eligible: Andhra Pradesh High Court
The Andhra Pradesh High Court has allowed a petition filed by an Attender of the II Additional Junior Civil Judge, Proddatur, who sought appointment as a Junior Assistant under the compassionate appointment scheme, commensurate with his educational qualifications.The petitioner was appointed in 2004 as an Attender on compassionate grounds, following the demise of his father, who was also...
AP High Court Grants Interim Bail To Accused In 80Kg Ganja Case, Cites Wife's Severe Health Condition Requiring Immediate Care
The Andhra Pradesh High Court has granted interim bail to an individual allegedly found in possession of 80 kgs ganja, on the ground that his wife was suffering from a severe bout of sickle cell anemia which required his immediate presence for care.After getting caught with the said quantity of ganja in possession, offences punishable under Sections 20(b)(ii)(C) (punishment for possession...
Hearing & Speech Impaired Rape Victim Uses Plastic Doll For Testimony, Chhattisgarh High Court Upholds Convict's Life Term
While upholding the conviction of a man for rape of a deaf and dumb woman, the Chhattisgarh High Court has emphasised that a witness— who is unable to speak, can depose in Court through gestures or demonstrative methods, and such testimony shall be treated as substantive oral evidence.In the present case, the victim- a young woman, deaf and dumb since birth, was raped by one of her...
Andhra Pradesh High Court Refuses To Entertain Plea Challenging Medical Council Elections, Cites Alternate Remedy
The Andhra Pradesh High Court has disposed of a writ petition challenging the election of members to the Andhra Pradesh Medical Council (Respondent 4), and has subsequently directed the petitioners to seek relief under the statutory appellate mechanism provided under the Andhra Pradesh Medical Council (Conduct of Election) Rules, 1978, instead of invoking writ jurisdiction.According to...
AP High Court Declines Father's Plea For DNA Test Of Children To Prove Alleged Adultery By Wife In Divorce Case
The Andhra Pradesh High Court has dismissed a man's plea seeking DNA testing of his two children in order to prove if his wife had committed adultery, in connection with an ongoing marital dispute.Initially, the petitioner had filed for dissolution of his marriage with his wife (respondent) on the ground of desertion under Section 13(1)(ib) of Hindu Marriage Act. Meanwhile, the petitioner...
'Will Cause Irreparable Loss To Our Country': AP High Court Restrains Petroleum Company From Selling LPG To International Markets
In the wake of the ongoing conflict in the West Asia between US-Israel and Iran which has disrupted global oil trade, the Andhra Pradesh High Court has in an interim order restrained a private petroleum company Confidence Petroleum India from selling Liquefied Petroleum Gas (LPG) to international markets.The petitioners—who procured LPG from Confidence Petroleum India and supplied to...