Second Execution Petition Cannot Be Entertained When First Petition Seeking Execution Of Arbitral Award Was Dismissed On Merits: Andhra Pradesh HC

The Andhra Pradesh High Court bench of Justice Ravi Nath Tilhari has held that a second execution petition for enforcing an award is not maintainable if the first was rejected on the ground that the award had not been set aside, solely because a signed copy was not filed with the application to set it aside under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act). It also held that if valid grounds existed for setting aside the award, its execution cannot be ...

Proceedings Before Registrar U/S 62 Of AP Cooperative Societies Act Not Arbitration, Provisions Of A&C Act Will Not Apply: Andhra Pradesh HC

The division bench of Andhra Pradesh High Court consisting of Justices R Raghunandan Rao and Maheswara Rao Kuncheam has observed that when proceedings are held before the Registrar under A.P. Cooperative Societies Act, 1964, such proceedings cannot be termed as arbitral proceedings.Accordingly, it was held that no provision of the Arbitration and Conciliation Act, 1996 including Section 34 would be applicable to them. The appropriate remedy in such a case would be an appeal before the...

Vicarious Liability: Andhra Pradesh HC Holds State Responsible For Injuries To Unauthorized Passenger Given Lift By Driver Of Govt Vehicle

The Andhra Pradesh High Court has reiterated that a driver is considered an agent of the owner who is responsible for the actions of the driver and holding the owner vicariously liable for the accidents caused by the driver serves public policy purposes.A Single Judge Bench of the High Court comprising Justice VRK Krupa Sagar, further asserted,“No owner ever granted any permission to any driver to drive the vehicle negligently or rashly and cause an accident. Therefore, no accident is ever...

Andhra Pradesh High Court Upholds Amendments Introducing Auction Based System for Grant Of Minor Mineral Leases

The Andhra Pradesh High Court, on 20.03.2025, set aside a bunch of petitions challenging the amendments made to the A.P. Minor Mineral Concession Rules, 1966 (“the 1966 Rules”). These amendments sought to fundamentally alter the manner of granting minor mineral leases by shifting from a first-come-first-serve system to an auction-based system.A Division Bench of the High Court...

Pressing Need For Creation Of Dispute Register To Protect Third Parties From Being Dragged Into Litigation Over Disputed Land: Andhra Pradesh HC

In a recent judgment, the Andhra Pradesh High Court has highlighted the pressing need for the creation of a dispute register which records disputes between parties over land. The purpose of maintaining such a register would be to protect innocent third parties from being dragged into litigation emanating from the purchase of such disputed land or from accepting such property as security for...

Loading, Maintenance And Pay Loader Workers Not Short Period Employments, Entitled To Provident Fund Under EPF Act: Andhra Pradesh HC

The Andhra Pradesh High Court has held that employees engaged by security agencies for the purposes of loading and unloading, office or factory maintenance and Pay Loader work are covered by the definition of 'employee' under Section 2(f) of the Employees Provident Funds & Miscellaneous Provisions Act, 1952 (“EPF Act”) and are entitled to the Provident Fund.A Division Bench of the...

Convenience Of Litigants Weighs More Than Convenience Of Advocates: AP High Court Dismisses Plea Challenging Shifting Of Sessions Court

The Andhra Pradesh High Court has dismissed a writ petition challenging a Government Order that envisaged shifting of the Court of VI Additional District Sessions Court, Machilipatnam to Avanigadda.A Division Bench comprising Justice Dhiraj Singh Thakur and Justice Ravi Cheemalapati, while noting the distance between Avanigadda and Machilipatnam being roughly 35 kms, held,“Litigants from...

Andhra Pradesh High Court Upholds Policy On Spousal Preference In Govt Promotions, Flags Procedural Issues

The Andhra Pradesh High Court has upheld the constitutionality of a 1999 Government Order that gave priority in promotions to candidates whose spouses were working in the Government.The court was hearing a plea moved by doctors working in medical colleges across the state who challenged the government order claiming that giving priority to the spouses working in the Government for selecting...

A Witness Deposing For Himself As Well As Others Having Common Defence, Is No Ground To Reject His Evidence: Andhra Pradesh High Court

The Andhra Pradesh High Court has said that there is no provision controlling the order of examination of same class of parties though the usual practice is to examine those on the same side first.The court further added that just because a witness gives evidence not only for themselves but also for others, the same cannot be a ground to reject their evidence. In doing so the court rejected...

Separate Identification Parade Not Required If Accused Is Identified In Court By Prosecution Witnesses: Andhra Pradesh High Court Reiterates

The Andhra Pradesh High Court has reiterated that if an accused person is identified by the prosecution witnesses before the Court, no separate identification parade is required.Justice V. Srinivas made the observation while partly allowing a man's Criminal Revision plea challenging his conviction for causing death by negligence (under Section 304-A IPC) and one year sentence along with fine....

Daughter-In-Law Integral Part Of Family, Entitled To Compassionate Appointment: Andhra Pradesh High Court

The Andhra Pradesh High Court has ruled that a daughter-in-law is an integral part of the family and is entitled to appointment on compassionate grounds. The Court further noted that while the government recognises a son or daughter of the deceased government employee for compassionate appointment, the daughter-in-law, despite not being traditionally classified as family, should also be...

Anticipatory Bail An 'Extraordinary Privilege' To Be Granted Only In Exceptional Circumstance: Andhra Pradesh HC In Sexual Harassment Case

The Andhra Pradesh High Court, while rejecting the anticipatory bail plea of an accused in a sexual harassment case has observed that denying custodial interrogation can result in significant loopholes and gaps in the ongoing investigation that may adversely affect its integrity. Single judge Justice T. Mallikarjuna Rao also observed,“The anticipatory bail, the extraordinary privilege,...