Courts Can't Order Accused To Deposit Passport On "Unfounded Apprehensions" That He May Flee, Violates Fundamental Rights: AP High Court

The Andhra Pradesh High Court has overturned a lower court's order to retain the passport of a former airline employee, facing criminal charges.Justice BS Bhanumathi emphasized the importance of constitutional rights to freedom of movement and livelihood and said,“As rightly contended by the petitioner, right to freedom of movement under Article 19 and right to life and liberty which...

Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates

In a recent judgment, the High Court of Andhra Pradesh addressed the issue of interim maintenance in a domestic violence case, emphasizing the importance of granting maintenance from the date of application.The case originated on April 24, 2019, when a married woman and her minor child filed an application claiming maintenance under the Domestic Violence Act. On August 20, 2019, the Trial...

DGFT Notification Prohibiting Export Of Non-Basmati White Rice Can't Have Retrospective Effect: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that the trade notification issued by the Directorate General of Foreign Trade (DGFT) prohibiting export of non-basmati white rice cannot have retrospective effect.The bench of Justice Ninala Jayasurya has observed that the Foreign Trade (Development and Regulation) Act-1992 does not confer any right to the authorities/department or enable them to issue...

"Child Needs Love, Affection And Protection Of Both Parents”: Andhra Pradesh High Court Grants Visitation Rights To Father Of Minor

The High Court of Andhra Pradesh has emphasized the critical importance of a child's right to maintain relationships with both parents, especially at a tender age, even in cases of parental separation where custody is given only to one parent. Justice Ravi Nath Tilhari and Justice Nyapathy Vijay held that even when custody is awarded to one parent, the other parent should be...

Andhra Pradesh HC Grants Custody Of 4-Yr-Old To Father, Permits Him To Take Child Back To US Due To Health Issues, Inability To Adjust To India

In a significant ruling on international child custody, the Andhra Pradesh High Court has granted custody of a four-year-old child to his father, allowing the child to return to the United States instead of staying back in India with his natural guardian/mother.The case involved Srinivas Ramineni, a U.S. citizen, who filed a habeas corpus petition seeking custody of his minor son, Gautam....

Andhra Pradesh HC Declines State Pollution Control Board's Plea To Submit Gap Analysis Report On Bio-Medical Waste Treatment Facilities In Sealed Cover

The Andhra Pradesh High Court has rejected the claim to the State Pollution Control Board to submit that Gap Analysis Study in a sealed cover, holding that it is the statutory obligation of the Board to conduct the Study.“We direct respondent No.4 to place on record a copy of the said report. We are surprised to hear from learned counsel for the A.P Pollution Control Board that he should...

Filing Statutory Appeal After Writ Proceedings Concluded Is Abuse Of Process: Andhra Pradesh High Court Imposes Cost

The Andhra Pradesh High Court has held that the filing of the statutory appeal by the writ petitioner after writ proceedings and subsequent proceedings against the same order of assessment, just to avoid the compliance of the directions of the writ Court, is nothing but abuse of the process of the Court.The bench of Justice Ravi Nath Tilhari and Justice Kiranmayee Mandava has observed that...

Andhra Pradesh & Telangana High Court Weekly Round-Up: 01 July - 07 July, 2024

Nominal indexShaik Mohammed Sadiq vs The Principal Commissioner of Customs & batch 2024 LiveLaw (Tel) 111Sri. Kalvakuntla Chandrashekar Rao vs. State of TS 2024 LiveLaw (Tel) 112Kotla Narsimlu vs. The State of A.P. rep. by Inspector of Police, ACB, Hyderabad Range 2024 LiveLaw (Tel) 113Naveena Educational Society vs. State of TS. 2024 LiveLaw (Tel) 114Shaik Mohammed Khasim @ Khashu vs,...

AP High Court Upholds Order For Inspection Of Material In Plea Challenging Election Of Sarpanch, Reiterates Secrecy Of Ballot Till Process Prima Facie Tarnished

In a recent judgment, the Andhra Pradesh High Court has reaffirmed the sanctity of ballot secrecy in democratic elections while clarifying the circumstances under which inspection of election materials may be permitted.“The Election Tribunal had scanned the evidence let in by both the parties in proper perspective and rightly came to the conclusion that the 1st respondent could place...

Prevent Slaughtering Of Livestock In Public, Monitor Certification Of Slaughter Houses: Andra Pradesh HC To Nodal Officers Appointed By State

In a plea against the illegal staking of cattle in the Vijayawada region without proper documentation, the Andhra Pradesh High Court has instructed the Nodal Officers appointed for the prevention of animal cruelty, to monitor the situation strictly.The single judge bench of Dr. Justice K. Manmadha Rao noted that the 26 Nodal Officers appointed across the state in pursuance of the High...

Relief To YSRCP As Andhra Pradesh High Court Halts Demolition Of Party Offices Unless Public Safety Is At Stake

The Andhra Pradesh High Court has disposed of a batch of writ petitions filed by YSRCP challenging the demolition notices issued to the party offices of 10 districts, with a direction that no demolition order should be confirmed without hearing the Party concerns. Justice B. Krishna Mohan also said demolitions can be carried out only if the building structure in question is adversely...

Andhra Pradesh High Court Calls For State's Response On Plea Challenging Non-Appointment Of Public Prosecutors, Asst Public Prosecutors

The Andhra Pradesh High Court has ordered notice to the State, The Director General of Police and Andhra Pradesh State Level Police Recruitment Board and the Director of Police in a PIL filed, challenging Public Prosecutors, Additional Prosecutors, and Assistant prosecutors.While ordering notice and directing the respondents to file their counters, the Division Bench of Chief Justice Dhiraj...