Motor Vehicle Accident Claims Tribunal Must Adjudicate On Preponderance Of Probabilities, Not Seek Proof Beyond Reasonable Doubt: AP High Court

The Andhra Pradesh High Court has reiterated that evidence in a Motor Accident Claim should be examined on the touchstone of preponderance of probabilities and the standard of proof beyond reasonable doubt cannot be applied.The order was passed by Justice B.V. L.N. Chakravarthi in a Motor Accidents Claim Appeal wherein the Tribunal had dismissed the claim of the claimants for compensation of...

Prevention Of Corruption Act| Prosecution Must Stand On Own Legs While Proving 'Pendency Of Official Favour': AP High Court

The Andhra Pradesh High Court has upheld the acquittal order under the Prevention of Corruption Act, holding that the prosecution must stand on its legs while proving the pendency of official favour.Justice A.V. Rabindra Babu held that the prosecution had failed to prove 'pendency of official favour' and the lower court had rightly acquitted the accused office."However, the prosecution...

'Excise Officials To Blame For Sordid State Of Affairs': AP High Court Sets Aside NDPS Conviction Upon Finding Both Mediators Were 'Stock Witnesses'

The Andhra Pradesh High Court has set aside a conviction under the NDPS act, upon findings inconsistencies in the investigation, holding that the Excise officials have themselves to blame for such a sordid state of affairs.The order was passed by Justice A.V. Ravindra Babu in a criminal appeal filed against the conviction order under section 20 (ii)(B) r/w section 8(c) of the NDPS Act passed...

S. 156(3) CrPC | Magistrate Has Discretion To Direct Police Investigation Into Complaint Without Passing Elaborate Orders: AP High Court

In a recent case, the Andhra Pradesh High Court dismissed a quashing petition filed by an accused on the ground that the Magistrate was right in forwarding the complaint to the police as it disclosed various cognizable offences and the police can thoroughly investigate the matter. “The complaint at hand is a prayer to the Magistrate himself to inquire into and proceed further. In such an...

NDPS Act | APHC Sets Aside 'Totally Disturbing' Conviction Wherein Negative Burden Was Put On Accused To Prove He Did Not Own Cultivated Land

The Andhra Pradesh High Court has held that to prove that an individual is the owner of land, the prosecution needs to file documentary evidence or examine the revenue officials and cannot rely on recitals of mahazarnama (declaration), to convict an individual under section 20 of the NDPS Act.Justice A.V. Ravindra Babu has passed the allowing a criminal appeal filed against the order of the...

'Not A Matter Of Routine': High Court Denies Anticipatory Bail To Yogesh Gupta In Andra Pradesh TIDCO Scam

The Andhra Pradesh High Court has denied anticipatory bail to Yogesh Gupta, in the Andhra Pradesh Township and Infrastructure Development Corporation Scam.Gupta who allegedly generated fake invoices to siphon money in the Skill Development scam had approached the High Court seeking anticipatory bail after news articles published in the Deccan Chronicle, Indian Express, and Saakshi Daily...

Telangana High Court Passes Interim Order Allowing Women Belonging To Akbari Sect Of Shia Muslims To Hold Prayer Gatherings In Darulshifa Ibadat Khana

The Telangana High Court has passed interim relief in favour of women members of the Akhbari Sect of Shia Muslims allowing them to conduct Majlis (congregations), Jashans (gatherings/festivities) and other religious prayers in the Ibadat Khana (Worship hall), Dar-ul-shifa Hyderabad.Justice Nagesh Bheemapaka has passed the order in a writ petition, filed by Anjumane Alavi, Shia Imamia Ithna...

S.141 NI Act | Signatory Cannot Be Made Vicariously Liable In A Sole Proprietary Trading: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that a signatory cannot be made vicariously liable under Section 141 of N.I. Act,1881 in a sole proprietary trading.The petitioner/A2, was the authorized signatory to the sole proprietorship of A1 and had approached the Court by way of a Criminal Revision petition against the orders of the lower Court which had convicted him under sections 138 and 141...

Andhra Pradesh High Court To Take Up Monitoring Of Cases Against MP's & MLA's Upon Supreme Court's Directions

The Andhra Pradesh High Court took up proceedings to monitor and fast-track the cases filed against MLAs & MPs, following the directions passed by the Supreme Court, The division Bench comprising Justice U. Durga Prasad Rao and Justice M. Kiranmayi took up the matter on Thursday and adjourned it to Monday (11.12.23) due to the unavailability of the Advocate General. The Special Bench...

Suit Property May Be Identified Based On Prevailing Boundaries, Survey Of All Adjacent Lands Not Required: Andhra Pradesh High Court

In an appeal suit filed by a defendant challenging Trial Court's decree and judgment in a suit for declaration, the Andhra Pradesh High Court has observed that suit property may be identified with reference to prevailing boundaries and it is not necessary to survey all adjacent lands to decide a claim of encroachment.The court relied on the Apex Court's decision in Subhaga v. Shobha, where...

S. 304 IPC | Andhra Pradesh High Court Sets Aside Conviction Upon Finding 'Glaring Inconsistencies' Between Ocular And Medical Evidence

The Andhra Pradesh High Court has set aside a conviction under section 304 of the IPC upon finding that the trial court overlooked the 'glaring inconsistencies between the ocular/eyewitness testimony and medical evidence.'Prosecution alleged that the deceased was thrown off a stage by the accused, following which the accused struck him with a stool, leading to him sustaining grievous...

Former Minister Approaches AP High Court Alleging Agricultural Electricity 'Smart Meter' Tender Awarded For '600% More Than Price Fixed By Union Govt'

The Andhra Pradesh High Court has issued notice to the State, APEPDCL, APCPDCL and APSPDCL in a Public Interest Litigation filed by a former Agriculture Minister of the State, challenging the grant of a tender for revamping existing agricultural electricity meters with smart meters by the Power Distribution Companies at a price which was 600% more than the price fixed by the Union of...