Petroleum Rules | Insistence On District Authority's NOC Is To Ensure Land Is Safe For Storing Petrol, Not To Probe Title Dispute: AP High Court

The Andhra Pradesh High Court has said that the intention behind insistence on No-objection certificate (NOC) which an applicant is to seek from the district authority under Rules 144 of the Petroleum Rules 2002 is to ensure that the site is safe for storing petrol and protect public interest. In doing so the court said that it is beyond the scope and jurisdiction of the authority to enquire into any title dispute between the lessor and lessee of the concerned land specially when the lease...

Daughter Can Seek Compensation For Father's Death In Motor Vehicle Accident Irrespective Of Her Marital Status: Andhra Pradesh HC

The Andhra Pradesh High Court has held that a daughter, whether married or unmarried, is a legal heir and therefore, a married daughter is entitled to stake a claim for compensation on the death of her father on account of a motor vehicle accident.A Single Judge Bench of the High Court comprising Justice VRK Krupa Sagar however clarified,“...eligibility to claim is one thing and as to how much is to be granted towards loss of dependency is another aspect. Every heir may not be dependent....

MV Act | Insurance Company Can Seek Recovery From Vehicle's Owner Only After Paying Compensation Awarded By Tribunal: AP High Court

The Andhra Pradesh High Court, in a recent case, applied the principle of pay and recover and held that an insurance company is entitled to file an execution petition against the owner of an offending vehicle only after paying the compensation awarded by the Motor Vehicle Claims Tribunal to the claimant.Justice VRK Krupa Sagar in his order held,“On the issue of liability to pay the compensation by the insurer, if there was fundamental breach of insurance policy, the insurance company could...

Court Can Order Reinstatement Of Acquitted Employee If Charges, Evidence In Disciplinary Proceedings Same As Criminal Case: AP High Court

The Andhra Pradesh High Court has held that mere acquittal by a criminal court will not grant a right to the employee to claim reinstatement however if the charges in the departmental enquiry and the criminal court are similar and if evidence, witnesses and circumstances are the same, then the matter acquires a different dimension. A division bench of Justice R. Raghunandan Rao and Justice K. Manmadha Rao in its order said:"we are of the opinion that mere acquittal by a criminal court...

'Hamali' Not A Gratuitous Passenger, Falls Within Definition Of Third Party Under Motor Vehicles Act: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that a Hamali cannot be termed as a gratuitous passenger and comes within the ambit of 'third party' under Section 145(i) of the Motor Vehicles Act.A Single Judge Bench comprising Justice Nyapathy Vijay, explaining the scope of Section 145(i), observed,“The Section 145(i) of the Motor Vehicles Act, 1988 was amended vide the Motor Vehicles (Amendment)...

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...

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...

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...

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...