Ejaculation Not Necessary Pre-Requisite For Purpose Of Proving 'Penetrative Sexual Assault' Under POCSO Act: Andhra Pradesh High Court

Upholding the conviction of an accused in a case of rape, the Andhra Pradesh High Court said all that is required to prove the offence of ‘penetrative sexual assault’, defined under Section 3 of the POCSO Act is, mere penetration.In 2016, the accused was sentenced by trial court to undergo rigorous imprisonment for a period of ten years for committing aggravated penetrative sexual assault...

Mere Existence Of Blacklisting Clause In Work Agreement Doesn't Entitle Supplies Corporation To Blacklist Supplier Without Notice: Andhra Pradesh HC

The Andhra Pradesh High Court has said that mere existence of a clause in the work agreement empowering the State Civil Supplies Corporation to blacklist a supplier would not entitle the Corporation to go ahead with the blacklisting without serving a notice expressing its mind to blacklist the supplier.Justice Ravi Nath Tilhari made the observation while quashing the Corporation’s order...

Andhra Pradesh High Court Directs State To Follow Due Process In Land Acquisition For Road Widening In Narsipatnam

The Andhra Pradesh High Court has directed the State to follow due process of law contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in acquiring the properties of residents in Narsipatnam for the purpose of widening the road."Till the property of the petitioners is acquired by following due process of law as...

Andhra Pradesh High Court Upholds Labour Court's Decision To Reinstate Terminated Workman For Violation Of Principles Of Natural Justice

The Andhra Pradesh High Court has upheld the decision of the Labour Court to reinstate a workman, who was terminated by a private company for not joining the service on the notified date, without holding the enquiry and following the principle of natural justice.The court was hearing the writ petition filed by the company against the Labour’s Court decision of reinstatement.The bench...

Judicial Review Of Tender Conditions Is Limited: Andhra Pradesh High Court

The Andhra Pradesh High Court has dismissed a writ petition challenging the conditions imposed by the tender inviting authority, stating that judicial review in such matters is very limited.The bench of Justice Ravi Nath Tilhari observed, “formulation of tender invitation conditions i.e as to what conditions are to be incorporated falls within the administrative domain of the authority....

Criminal Case Files Involving State Minister Stolen From Nellore Court: Andhra Pradesh HC Transfers Probe To CBI

The Andhra Pradesh High Court has asked the CBI to probe into the theft of important case files from a Nellore Court. The case involves a serving Minister in the Government of Andhra Pradesh.Exercising suo moto writ jurisdiction, a division bench of Chief Justice Prashant Kumar Mishra and Justice M. Satyanarayana Murthy said:"When such importance is accorded to criminal cases against...

18% GST Payable On Manufacturing Of Alcohol For Human Consumption By Way Of Job Work: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that 18% GST is payable on the manufacturing of alcohol for human consumption by way of job work.The division bench of Justice C. Praveen Kumar and Justice A.V. Ravindra Babu has observed that alcoholic liquor is not considered a food. Services by way of job work in relation to the manufacture of alcoholic liquor for human consumption are not eligible for...

'Mahapadayatra' Can Be Conducted Only With 600 Identified Farmers : Andhra Pradesh High Court

The Andhra Pradesh High Court refused to modify restrictions imposed by it on 'Maha Padayatra' announced by Amaravati Parirakshana Samiti.The Samiti had announced 'Maha Padayatra' from Amaravati to Arasavilli for expressing their protest against the proposed establishment of three capitals in the State of Andhra Pradesh.In an order passed last month, the High Court had issued the...

Once Registered As MSME, The Nature Of Activity Cannot Be A Bar To Any Relief Under The Act: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that once an enterprise is registered with the local MSME Council, it is entitled to all the benefits of the Act and the nature of activity between the parties cannot stand as a bar to any relief provided under the act. The bench of Justice R. Ragunandan Rao held that MSME Council cannot dismiss an application under Section 18 of the Act on...

Weight Of Arbitration Award (Delivery) Cannot Be Just 55 Grams: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that an arbitration award would weight more than 55 grams and a consignment weighing 55 grams cannot be deemed to be a valid delivery of award. The bench of Justice R. Raghunandan Rao also held that an arbitral award passed in violation of Section 7 and 11 of the A&C Act would be a nullity. It held that in absence of an arbitration...

Right To Contest Elections Only A Statutory Right, Not A Fundamental Right: Andhra Pradesh High Court

The Andhra Pradesh High Court has reiterated that the right to contest elections is not a fundamental right but only a statutory right. The observation was made by a single bench of Justice Cheekati Manavendranath Roy in context of the AP Societies Registration Act, 2001.The petitioner in this case submitted that he was an employee in the Revenue Department of Andhra Pradesh Secretariat...

Rival Groups Shall Not Be Permitted To Meet In Proximity Of Amaravati Maha Padayatra Against Three Capitals: High Court To State

The Andhra Pradesh High Court on Friday, while hearing a writ petition filed by the Amaravati Parirakshana Samiti Trust, passed multiple directions to ensure the smooth conduct of the Maha Padayatra from Amaravati to Arasavilli, in protest against the proposed establishment of three capitals in the State. The petitioner trust along with two persons alleged that after commencement of...