Mere participation in the selection process does not guarantee an absolute right to appointment ,but a valid reason is required before canceling such a process: Andhra Pradesh High Court

A division bench of the Andhra Pradesh High Court comprising of Hon'ble Mr. Justice Dhiraj Singh Thakur, Chief Justice & Hon'ble Mr. Justice R. Raghunandan Rao, while deciding Writ Petitions in the case of Shaik Mahaboob John vs. High Court of Andhra Pradesh, held that merely participating in the selection process does not automatically ensure an absolute entitlement to...

[Arbitration Act] Courts Can Only Appoint Arbitrator U/s. 11(6) If Parties Fail To Refer Dispute To Arbitrator Even After Notice: Andhra Pradesh High Court

The Andhra Pradesh High Court bench of Chief Justice Dhiraj Singh Thakur held that to maintain an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, the Applicant is required to show that the Respondents failed to act as required under the arbitration clause and failed to refer the disputes to the Arbitrator even after a notice invoking the arbitration clause...

Selection Process Cannot Be Cancelled In Absence Of Valid, Bonafide Reasons: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that while it may be true that the process of selection can be abandoned, yet the same can be done only for valid reasons. In a recent case, the court set aside the cancellation of a selection process for various government posts, eight years after its initiation, due to the absence of valid reasons. The court emphasized that such decisions cannot...

Once Employer Deposes Salary Particulars, Not Open For Insurance Company To Quantify Compensation As Per Wages Under Minimum Wages Act, 1948: Andhra Pradesh High Court

The Andhra Pradesh High Court single bench of Justice Nyapathy Vijay held that once the employer himself deposed about the salary particulars, it is not open for the insurance company to insist on quantification of compensation under Workmen Compensation Act as per the wages fixed under the Minimum Wages Act, 1948. Brief Facts: The Respondents all directly depended on...

Andhra Pradesh High Court Partially Stays Contempt Proceedings Against Former Principal Secy (Finance) For Violating Court Orders

A division bench of the Andhra Pradesh High Court has stayed part of the contempt proceedings and adverse findings against the Principal Secretary to the Government (Finance Department) suo-motu taken up by the Court last week.“We have perused the observations in paragraphs 35, 36 and 37 of the impugned order. The remarks are certainly adverse. It would not be difficult to state that...

Kidnapping | AP High Court Pulls Investigating Agency For Failure To Prove Alleged Ransom, Says It's An Essential Element Of S.364A IPC

The Andhra Pradesh High Court has reiterated that when an offense is alleged under section 346A of the Indian Penal Code, the prosecution needs to prove two aspects, i.e., the act of kidnapping and threat of hurt or death to compel the kidnapped person or any person to make ransom; and in the absence of either it cannot be said that an offense under the section has taken place.The order...

"Executive Arrogance": Andhra Pradesh HC Initiates Contempt Action Against Secretary To State's Finance Dept Over Delay In Compassionate Appointment

The Andhra Pradesh High Court has initiated suo moto contempt proceedings against the Principal Secretary to Government's Finance Department due to failure on part of the Department to grant compassionate appointment to the petitioner, despite clear directions from the Court.Justice G. Ramakrishna Prasad said the Principal Secretary ought to have simply proceeded in terms of the 'letter...

“Very Sorry State Of Affairs”: AP High Court Directs Collectors Of Two Districts To File Report Showing Measures To Prevent Cruelty To Cattle

In a recent PIL filed before the Andhra Pradesh High Court by the Animal Rescue Organization, the Court taking note of numerous instances where animals (cattle) are dying during transit, has directed the Collectors of East Godavari District and Kakinada District to file detailed reports showing measures taken in accordance with Government Order 23 of 2015 to ensure safe transport of...

Andhra Pradesh High Court Closes PIL Challenging Election Commission's Order Barring Volunteers From Distributing Social Welfare Pensions

Ahead of the upcoming general elections, the Andhra Pradesh High Court has disposed of a PIL challenging an order of the Election Commission of India barring volunteers from distributing cash benefits under any social welfare schemes. The Division Bench of Chief Justice Dhiraj Singh Thakur and Justice R Raghunandan Rao noted that the State had issued a circular whereby directions were issued...

Case And Counter Case To Be Tried Together By Same Court Irrespective Of Nature Of Offence, Prosecutors Can't Be Same: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that a fair trial in criminal cases involving cross-complaints necessitates both cases be tried together by the same judge to avoid prejudice.A bench of Justice K.Suresh Reddy and Justice B.V.L.N. Chakravarthi relying on State of A.P. Vs. Mittapalli Sudhakara Reddy and others, wherein in the need for trying cross complaints by the same bench,...

Emery Cloth Is Cotton Coated Fabric And Liable To Be Exempted From Tax: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that emery cloth is cotton coated fabric and liable to be exempted from tax.The bench of Justice Ravi Nath Tilhari and Justice Harinath Nunepally has upheld the Tribunal's ruling in which it was held that the emery cloth is covered in Item-59.03 of the First Schedule to the Additional Duties of Excise (Goods of Special Importance) Act, 1957 and therefore...

Andhra Pradesh & Telangana High Court Weekly Round-Up: March 25 - March 31, 2024

Nominal Index:Pinapala Uday Bhushan vs The State of Andhra Pradesh, 2024 LiveLaw (AP) 25S.v.v.estates (swarna Palace) Versus The State Of Andhra Pradesh and Others, 2024 LiveLaw (AP) 26Smt. G. Krishnaveni vs The State through S.H.O., PS, 2024 LiveLaw (TS) 53Dubbudu Ramakanth Reddy vs State of TS, 2024 LiveLaw (TS) 54Central Bureau of Investigation, vs Sridhar Subasri, A2 2024 LiveLaw...