FCI Extracted Work For 40 Yrs & 'Conveniently Overlooked' Its 'Convenience Cleaner': Andhra Pradesh HC Upholds Regularisation Of Safai Karamchari

Andhra Pradesh High Court has upheld its single-judge bench order to regularise the services of a scavenger who has been working for nearly 40 years at the Food Corporation of India (FCI). The Division Bench of Justice G.Narendar and Justice Nyapathy Vijay observed that FCI, Nellore, ought to regularise the services of the writ petitioner as safai karamchari, considering the...

Power To Fix Age Of Superannuation In Cooperative Credit Societies Is Discretion Of Board Of Management, Not Govt: Andhra Pradesh High Court

The Andhra Pradesh High Court, in a service matter of the employees from a branch of District Cooperative Central Bank Limited, held that cooperative credit societies have complete autonomy in fixing the age of superannuation.The Division Bench of Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao went on to note that increasing the age of superannuation from June 2017 was a...

Photos Show Accused Visiting Police Station To Comply With Bail Condition, Not Likely To Be Fabricated: Andhra Pradesh High Court

About the accused out on bail submitting photographs of them visiting the police station, Andhra Pradesh High Court held that it's prima facie not feasible to hold that the photos adduced were a mere attempt to fabricate evidence to show compliance with bail conditions.The single-judge bench of Justice T. Mallikarjuna Rao opined that the Sessions Judge may have erred in making the inference...

Can't Examine Officials Of Tax Dept. On Enquiry Report Based On F-Forms Submitted By Dealer: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that the assessee or petitioner does not have a right to cross-examine the officials of the Tax Department of Bombay on the F-Forms submitted by the dealer.The bench of Justice Ravi Nath Tilhari and Justice Harinath Nunepally has observed that the tax proceedings are of a quasi-judicial nature. The tax authorities are bound to comply with the principles...

Andhra Pradesh High Court Declines YSR Congress Party's Challenge Against Relaxation Of Postal Ballot Norms, Asks Party To File Election Petition

The Andhra Pradesh High Court on Friday heard a plea filed by the YSR Congress Party, challenging the memos issued by Chief Electoral Officer Mukesh Kumar Meena, relaxing the norms to be adopted for deciding on the validity of postal ballots, which are said to contradict Rule 27F, 54A and Form 13A of The Conduct Of Elections Rules, 1961 issued by the Election Commission of India. The...

Deceased's Major Children Not Having Independent Income May Be Considered As Dependents For Motor Accident Claims: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that the children of the deceased who are majors can be considered dependents in a Motor Accident Claim if the children were able to prove that they had no independent income as of the date of the deceased. The Court said:"Now, coming to the status of the petitioners 2 and 3, they are in better footing than sister or brother of the deceased. They are...

Andhra Pradesh & Telangana High Court Weekly Round-Up: May 20 - May 26, 2024

Nominal index:Mir Sadath Ali vs. Joint Collector, Ranga Reddy District & Ors 2024 LiveLaw(TS) 82Maddikunta Narsimha Rao vs M. Chandra Shekar and four others 2024 LiveLaw(TS) 83Smt Haneefa Bee vs. Mohd Nizam & Ors. 2024 LiveLaw(TS) 84 Kadavath Srikanth vs Kadavath Ashwitha 2024 LiveLaw(TS) 85Mohammed Nayeem vs. Smt. Naveditha Manvikar 2024 LiveLaw (TS) 86The Oriental Insurance...

Heart Attack While Driving On Duty Is An 'Accident' For Claim Under Workman's Compensation Act: Andhra Pradesh High Court

The Andhra Pradesh High Court held that a heart attack suffered by a lorry driver while on duty could be considered a work-related death, eligible for compensation under the Employees Compensation Act, 1923. In this case, the court dismissed the insurer's appeal against a compensation award granted to the family of the deceased driverThe order was passed by Justice Nyapathy Vijay in a...

Andhra Pradesh & Telangana High Court Weekly Round-Up: May 13 – May 19, 2024

Nominal index: M/s Shree Swaminarayan Travels vs M/s Oil Natural Gas Corporation Limited 2024 LiveLaw (AP)33Shaik Mahaboob John vs High Court of Andhra Pradesh. 2024 LiveLaw (AP)34M.Sreenivasulu Vs The State Of Andhra Pradesh 2024 LiveLaw (AP)35Dara Prakash Rao Vs The State Of Andhra Pradesh 2024 LiveLaw (AP) 36 The District Co-Operative Marketing Society(DCMS) Vs Varam Soujanya 2024...

Admission Of Encroachment Not Proof Of 'Possession' For Grant Of Interim Injunction: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that admission regarding encroachment cannot be construed to mean admitting possession. And that, for the grant of relief of interim injunction, a party must prove legally sustainable possession not just 'mere possession.' The order was passed by Justice B.S. Bhanumathi in a Civil Revision petition filed by the District Co-operative Marketing Society,...

Mosque Managing Committee Can Grant Lease Of Waqf Property For Less Than One Year: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that a Mosque Managing Committee can be considered a 'Mutavalli' and is entitled to grant lease of any Waqf Property for a period of less than one year. “Rule 4 of the Wakf Lease Rules, stipulate that even a Muthavalli is entitled to grant leases of less than one year. Section 3(i) of the Wakf Act defines Muthavalli to include any Person, Committee,...

Plea Alleging Cruelty During Marriage Not Maintainable After Divorce: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that when a marriage has already been dissolved, a petition under 498A and section 3 of the Dowry Prohibition Act is not maintainable. The order was passed in a criminal revision petition filed by the accused and his parents challenging the dismissal order passed against their discharge petitions in a criminal case filed in section 498A of the IPC...