[Order VII Rule 11 CPC] Entire Plaint To Be Considered To Determine If It Discloses Cause Of Action: Andhra Pradesh High Court Reiterates

The Andhra Pradesh High Court has reiterated that the entire plaint has to be considered to find out if it discloses a cause of action that requires determination of court and if it does, then the plaint cannot be rejected under Order VII Rule 11 of CPC. Reliance was placed on Apex Court decision in Saleem Bhai v. State of Maharasthra (2002) and the Andhra Pradesh High Court decision in...

Delay In Approaching Authorities Not A Ground To Deny Promotion Of Eligible Persons: Andhra Pradesh High Court

The Andhra Pradesh High Court has allowed an employee’s claim for promotion after 12 years, holding that every individual has the right to be considered for promotion.The Division Bench of Justice Ravi Nath Tilhari and Dr. Justice K. Manmadha Rao observed that the petitioner did not approach the authorities seeking a promotion was not a sustainable ground to deny the same. “The stand of...

Superannuation At 60 Or 62? Andhra Pradesh High Court Stays Allegedly 'Early Retirement' Of Engineering College Employees

The Andhra Pradesh High Court has issued notices to the All India Council for Technical Education (AICTE), the Bapatla Educational Society and the Bapatla Engineering College in a petition alleging forceful retirement of three employees.Justice Vaddiboyana Sujatha after hearing the arguments, asked the respondents to file a counter and granted an interim stay on the proceedings."...there shall...

Relief Of Delivery Of Possession Inherent In Relief Of Specific Performance Of Contract Of Sale If Defendant In Exclusive Possession: AP High Court

The Andhra Pradesh High Court recently decided whether a separate relief for delivery of possession is required to be pleaded in a suit for specific performance of contract of sale. While interpreting Section 22 of Specific Relief Act, 1963, it held that relief of delivery of possession is inherent in the relief of specific performance of contract of sale if defendant is in exclusive...

Court Can't Refuse To Receive A Document In Evidence Simply Because It Is 'Weak', 'Xerox' Or Allegedly 'Fabricated': Andhra Pradesh High Court

The Andhra Pradesh High Court recently held that the Trial Court’s order to not receive certain documents on record by simply stating that they are a photostat or are alleged by the prosecution to be weak or fabricated, is against the principles of justice. “The truth or otherwise of the contents of these documents is a matter that should be decided in the trial and not at the threshold...

Departmental Proceedings Not Affected By Acquittal In Criminal Case Unless Acquittal Is 'Clean Or Honourable': Andhra Pradesh High Court

The Andhra Pradesh High Court has recently held that the order of acquittal in criminal proceedings will have no bearing on departmental proceedings unless the acquittal is clean or honourable.The Division Bench of Justice Ravi Nath Tilhari and Justice Manmadha Rao was hearing a petition challenging the order of the Andhra Pradesh Administrative Tribunal (APAT) dismissing the...

Railway Service Pension Rules | Leave For Which Salary Is Not Payable Not Counted Towards 'Qualifying Service': Andhra Pradesh High Court

The Andhra Pradesh High Court has held that under Railway Service Pension Rules 1993, period of 'Leave without Pay' (LWP) cannot be counted as qualifying service for pensionary benefits."The period of absence, treated as leave without pay, may not be covered under Rule 14(x), (of Railway Service Pension Rules, 1993) but the question is if such a period would be covered under Rule 36. We...

CPC | Court Not A Post-Office To Receive Documents: Andhra Pradesh HC Says Defendants Must Justify Failure To File Docs With Written Statement

The Andhra Pradesh High Court recently held that the defendants should provide sufficient reasons if they fail to file documents with the written statement while filing an application in Order VIII Rule 1A (3) CPC. Justice BVLN Chakravarthi added that the provision mandates that documents ought to be produced in Court by the defendant under this rule, but, if not so produced shall not,...

Transit Buildings Inherently Temporary Structures, Cannot Be Repaired Or Made Permanent: Bombay High Court

The Bombay High Court recently held that transit buildings cannot be repaired or made permanent since they are inherently temporary and designed for short-term use.The division bench of Justice G.S Patel and Justice Kamal Khata added that these buildings were not subject to structural audit regulations.“Transit buildings are by the very nature of their construction and by structural...

Family Court Can Order Medical Test Even If Solemnisation Of Marriage Is Denied: Andhra Pradesh High Court Orders Husband's Potency Test

In a recent civil revision petition, Justice B.S. Bhanumathi of Andhra Pradesh High Court referring to Supreme Court ruling in Sharda v. Dharmpal (1985) held that a matrimonial Court has power to order a person to undergo medical test and it cannot be contended that the relief cannot be granted merely because the marriage was denied by a party.The petitioner filed main petition to annul...

Trial Courts Dealing With CBI/ ACB Cases Should Not Hastily Close Evidence Of Trap Laying Officer, Official Witnesses: Andhra Pradesh High Court

The Andhra Pradesh High Court has directed the Registrar General to issue Circular to all Trial Court judges dealing with Central Bureau of Investigation/ Anti Corruption Bureau (CBI/ACB) cases to stop hasty closing of 'Trap Laying Officer' and Official witnesses. "It is desirable to issue appropriate Circular by the High Court to all the trial Judges, who are dealing with CBI/ACB cases, not...

[Motor Accident] Andhra Pradesh High Court Orders Insurer To Compensate Driver Despite Negligent Driving

The Andhra Pradesh High Court recently allowed the claim for compensation of the driver of an offending vehicle which was involved in an accident, though the cause of accident was found to be rash and negligent driving on the part of the said driver.Justice V. Gopala Krishna Rao asked the insurance company and the owner of the vehicle to pay compensation to the driver who was injured in...