NI Act | Stamped But Incomplete Documents Qualify As Legal Instruments With Presumption Of Consideration: Andhra Pradesh High Court

The Andhra Pradesh High Court recently ruled in an appeal that inchoate or incomplete documents that are stamped in accordance with law relating to Negotiable Instruments are legal instruments under Section 20 of the Negotiable Instrument Act (NI Act).Justice T Mallikarjuna Rao added that the presumption of consideration applies to such instruments under Section 118(a) of the Act which needs...

Easement Rights To Be Retained After Division Of Property In A Partition Suit U/S 30 Of Easements Act: Andhra Pradesh High Court

Applying Section 30 of the Indian Easements Act, the Andhra Pradesh High Court recently ruled that parties are entitled to retain their easement rights including water or passage rights as possessed before division of properties for equitable distribution in a partition suit. Justice T Mallikarjuna Rao added that recognition of the inherent easementary rights as previously enjoyed during...

Motor Accident | Insurer To Compensate Third Party Even If Driver Was Not Having Valid License, May Recover From Owner: Andhra Pradesh High Court

The Andhra Pradesh High Court has reiterated that an Insurance Company is liable to satisfy the third-party claim in a motor vehicle accident even if the driver of insured vehicle had breached policy terms and conditions. The Insurance company can later recover the award amount from the driver of the offending vehicle, it said. In this case, the claim petitioners being wife and children of...

Motor Vehicle Accident | Policy Holder's Family Members Not Protected In Third Party Insurance Claims: Andhra Pradesh High Court

In a motor accident claim case, Justice V Gopala Krishna Rao of the Andhra Pradesh High Court observed that son of the owner of offending vehicle is not a third party and cannot be compensated by insurance company under third party insurance claims.Factual MatrixThe claimant was engaged as a cleaner of a lorry and due to rash driving by the lorry driver, it met with an accident and the...

Second Wife Though Not Legally Wedded Entitled To Protection For Service Claims Of Deceased Husband: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that a second wife is entitled for service and terminal benefits of her deceased husband, even if she does not acquire the status of “legally wedded wife”. "We are of the considered view that in such matters, even if it is found that the second wife does not acquire the status of wife, for the marriage having been contracted during the subsistence of...

Loan Recovery | Bank Can Invoke Simultaneous Proceedings Under SARFAESI Act And Arbitration Act: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that a Bank can invoke SARFAESI and Arbitration Act proceedings simultaneously to recover outstanding loan amounts. Furthermore, writ courts should be extremely circumspect of granting orders in cases of the SARFAESI Act as effective remedy lies before the Debt Recovery Tribunal (DRT). In this case, the Petitioners had availed a total loan amount of...

Additional District Judge Can Hear Divorce Plea Under Section 27 Of Special Marriage Act: Andhra Pradesh High Court

The Andhra Pradesh High Court recently held that an Additional District Judge has the jurisdiction to hear and dispose of divorce petitions filed under Section 27 of the Special Marriage Act, 1954.Justice R. Raghunandan Rao added that Section 11(2) of the A.P Civil Courts Act empowers the District Judge to transfer cases to the Additional District Judge, thus strengthening the above...

No Substantive Grounds For Audit Objections: Andhra Pradesh HC Directs DoIMS To Release Pending Payments To Pharmaceutical Distributor

The Andhra Pradesh High Court recently directed the Director of Insurance Medical Services (DoIMS) to release payments withheld under invoices issued between 2017-2019 to Medihauxce Pharma Private Lmt. Holding under the capacity of distributer for rate contract firms.Justice Ravi Cheemalapati clarified that the memo issued on the basis of Audit Inspections is not sustainable. “Audit...

Andhra Pradesh High Court Upholds Removal Of Officer From Police Service For Misbehaviour With Lady Officer:

The Andhra Pradesh High Court has upheld the removal of a Junior Assistant from the Andhra Pradesh Special Police (APSP) battalion for misbehaving and attempting to outrage the modesty of a lady officer.The Bench comprising of Justice Ravi Nath Tilhari and Justice Dr. K. Manmadha Rao, while adjudicating a petition filed in C. Govinda Rajulu v. State of A.P., was hearing a writ petition filed...

Motor Accident Claim - High Court Can Enhance Compensation Even In Absence Of Appeal Or Cross-Objection By Claimants: Andhra Pradesh High Court

The Andhra Pradesh High Court has said that in the exercise of the appellate powers, it can enhance the amount of compensation even in the absence of appeal or cross-objection by the claimants in the motor accident cases."If on the face of the award or even in the light of the evidence on record, and keeping in view the settled legal position regarding the claimants being entitled to...

Supreme Court Collegium Recommends Transfer Of Two Judges Of Andhra Pradesh High Court

The Supreme Court Collegium has recommended the transfer of two Andhra Pradesh High Court judges, who are: Justice C. Manavendranath Roy (Proposed to be transferred to the Gujarat High Court) Justice Duppala Venkata Ramana (Proposed to be transferred to the Madhya Pradesh High Court). The Collegium, consisting of Chief Justice of India Dhananjaya Y Chandrachud, Justice Sanjay...

Andhra Pradesh High Court Stays Construction Of Houses For Economically Weaker Sections In Amravati's R5 Zone

The Andhra Pradesh High Court has stayed the further construction of houses for the economically weaker sections in R-5 Zone of the capital city of Amaravati."If the construction is completed it will be a fait accompli. The loss will be irreparable; Balance of convenience is in favour of maintaining the status quo with respect to the houses also till the final judicial orders are passed. ...