Andhra Pradesh High Court
Minor Defects In Chargesheet Don't Entitle Accused To Default Bail: AP High Court Cancels Bail In Case Involving 808Kg Contraband
The Andhra Pradesh High Court has cancelled the statutory bail granted to three accused in a narcotics trafficking case involving over 808 kilograms of contraband (ganja), holding that minor procedural defects in the chargesheet cannot justify default bail when it was filed within the statutory time limit.Initially, the Directorate of Revenue Intelligence had conducted an operation on...
Follow Temple Norms Barring Foreign-Returned Priests From Worshipping At Sringeri Sharada Peetham: AP High Court To State
The Andhra Pradesh High Court has directed the State to follow endowment departments 2010 Circular and directions issued by Jagadguru Shankaracharya of Sringeri Sharada Peetham in 2024 wherein priests who have travelled abroad cannot enter the temple's sanctum sanctorum and worship the deity. The petitioner, a priest, alleged that the State was not following a 2010 notification issued by the...
TDR Bonds Not Mandatory Under 2013 Land Acquisition Law; State Must Follow Statutory Compensation Scheme If Acquisition Refused: AP High Court
The Andhra Pradesh High Court has reiterated that Transferable Development Rights (TDR) bonds are not mandatory to be accepted by claimants under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and upon refusal the State is bound to initiate compensatory proceedings in accordance with the provisions of the 2013 Act.Justice...
AP High Court Declines Party's Apology For Selling Property In Violation Of Court Order, Orders ₹10K Costs & 1-Month Imprisonment
The Andhra Pradesh High Court has refused to accept an apology tendered by an individual contemnor (Respondent 2), who mortgaged a disputed property and sold part of it to third parties despite a Court order specifically restraining him from doing so, while holding that the disobedience was a “conscious” and “deliberate” act.Justice Ravi Nath Tilhari and Justice Maheswara Rao...
'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...