Section 138 NI Act | Judgment Of Civil Court Is Binding On Criminal Court To Prove Legally Enforceable Debt: Andhra Pradesh High Court

The Andhra Pradesh High Court has upheld the acquittal of an accused under Section 138 Negotiable Instrument Act criminal case since the civil court had adjudicated that only Rs. 25,000/- was due but the cheque dishonored was of Rs. 75,000/-. As a consequence, important link was missing in evidence to connect the cheque amount of Rs. 75,000/- with that of legally enforceable debt pertaining...

Andhra Pradesh High Court Concerned Over Civil Courts Passing Injunction Orders 'Without Considering Essential Legal Ingredients'

The Andhra Pradesh High Court has expressed its anguish at the bland/brief affidavits often being filed in cases for interim injucntions and orders are being passed by Judges "without considering the essential legal ingredients" in each case. The Bench relied on the case Maria Margarida Sequeira Fernandes and others v. Erasmo Jack De Sequeira (dead) through LRs. (2012) in which the Supreme...

Andhra Pradesh High Court Issues Contempt Notices For Derogatory Social Media Posts Against Judges Who Heard Chandrababu Naidu's Plea

The Andhra Pradesh High Court on Wednesday issued contempt notices to all those who were allegedly involved in posting derogatory remarks against the judges who heard the pleas related to former Chief Minister Chandrababu Naidu in the skill development scam cases.The Division Bench of Justice Cheekati Manavendranath Roy and Justice Tarlada Rajasekhar Rao expressed displeasure and directed...

'A Good Judgment Is The Product Of Good Advocacy' : Justice Somayajulu Bids Farewell To Andhra Pradesh High Court

The legal fraternity of the Andhra Pradesh High Court on Monday gathered to bid adieu to Justice D.V.S.S Somayajulu upon his superannuation.The Chief Justice of Andhra Pradesh, Justice Dhiraj Singh Thakur, described him as one with "humility, politeness, wisdom and quick understanding. The intrinsic qualities of a good judge. Family legacy reflects in his persona, and he has made it better...

Prosecution Not Limited To Witness List Filed With Chargesheet, May Examine Other Witnesses To Help Court Arrive At 'Just Decision': Andhra Pradesh HC

The Andhra Pradesh High Court has held that the prosecution is not limited to the list of witnesses filed along with the charge sheet, and can examine any other witness outside of the list, if, it helps the Court arrive at a just decision. “The list of witnesses/documents filed with the Police report (Charge sheet) filed by the police is only a practice. It does not prevent the Prosecution...

Chandrababu Naidu's Plea For Quashing FIR Dismissed, Andhra Pradesh HC Says Use Of Public Funds By Authority For "Own Benefit" Not Official Function

The Andhra Pradesh High Court today dismissed the quashing plea filed by former state Chief Minister and Telugu Desam Party leader N Chandrababu Naidu in connection with the multi-crore Skill Development Scam case.Justice K. Sreenivas Reddy observed that no sanction to prosecute Naidu is required as use of public funds "under the colour of authority but really for his own benefit" cannot...

Execution Petition For Arbitration Award Would Lie Only Before The Designated Commercial Courts: Andhra Pradesh High Court

The High Court of Andhra Pradesh has held that an execution petition for an arbitration award can only lie before the designated Commercial Courts and no other Court viz., Civil/District Court can entertain such an application. The bench of Justices D.V.S.S. Somayajulu and Duppala Venkata Ramana held that an execution/enforcement petition for an arbitration award of a...

Demolition Action: Andhra Pradesh High Court Sentences Former Municipal Commissioner To One Month Imprisonment For Contempt Of Court

The Andhra Pradesh High Court on Friday convicted former Municipal Commissioner, Kadapa Mr. S. Lavanna and sentenced him to simple imprisonment of one month and a fine of Rs. 2,000/-.The petitioner had filed the Contempt Case alleging that the Respondents were in willful disobedience of the order in Writ Petition to not demolish the petitioner’s shops and residential portion without...

Misappropriation Of Funds Not 'Official Duty', No Sanction Required To Probe Chandrababu Naidu: Andhra Pradesh Govt Tells High Court

The Andhra Pradesh government today told the High Court that it does not need to obtain sanction to investigate former Chief Minister and Telugu Desam Party leader N Chandrababu Naidu in connection with the multi-crore Skill Development scam case.Additional Advocate General P. Sudhakar Reddy, State counsels Mukul Rohatgi and Ranjit Kumar submitted that Naidu's actions were deliberate,...

Order XVIII Rule 17 CPC | Recall Applications Can't Be Filed At A Belated Stage Without Cogent Reasons: Andhra Pradesh High Court

The Andhra Pradesh High Court has recently agreed with a trial court ruling that applications under Order 18 Rule 17 of CPC to recall the evidence of witnesses cannot be allowed at a belated stage such as after closure of their evidence, without cogent reasons.Justice Dr K Manmadha Rao observed that the petitioner had failed to provide sufficient grounds for recalling the witnesses and that...

Married Individuals Can't Enter Live-In Relationships: Andhra Pradesh High Court

The Andhra Pradesh High Court has ruled that the recognition of a couple's choice to live together without solemnising marriage does not entitle married people to live with others during the subsistence of their marriage. The Division Bench of Justice Ravi Nath Tilhari and Justice B.V.L.N Chakravarti accordingly dismissed a habeas corpus petition filed by a married man to produce a woman whom...

Skill Development Scam: 'Don't Insist Ex-CM Chandrababu Naidu On Filing Counter In CID's Custody Plea Till Sep 18': Andhra Pradesh HC To ACB Court

The Andhra Pradesh High Court today directed the Special ACB Court judge to not insist on seeking a counter from former state Chief Minister and Telugu Desam Party leader N Chandrababu Naidu in connection with the State CID's custody petition concerning the multi-crore corruption Andhra Pradesh skill development program scam case.The direction was issued after Naidu's counsel sought the...