Andhra Pradesh High Court Dismisses Plea Challenging Tie-Breaker Lottery Clause In Tender Document

The Andhra Pradesh High Court has dismissed a plea seeking to declare a lottery clause in a tender document, which envisaged that in case two bidders quote lowest commission, the tie will be broken based on draw of lottery— as arbitrary and violative of the principles of natural justice.A Single Judge Bench of Justice Subba Reddy Satti held,“…the said clause, impugned in the writ...

Taunting For Not Being Able To Conceive Child Not Cruelty: AP High Court Quashes Dowry Act, 498A IPC Case Against Married Sister-In-Laws

The Andhra Pradesh High Court has held that married sister-in-laws taunting their brother's wife for not being able to conceive child cannot be taken as sufficient grounds for continuation of proceedings under Section 498-A of IPC or Section 3 and 4 of Dowry Prohibition Act, 1961.Quashing proceedings against sisters of the husband (first accused), who were together accused of subjecting the...

Financial Institution Necessary Party To Challenge Freezing Order: AP High Court Rejects School Teacher's Plea Against Account Freeze

The Andhra Pradesh High Court has dismissed a Government school teacher's plea against freezing of her account by SBI– following an arbitral tribunal's order, after noting that the petitioner had neither impleaded the financial institution which had obtained the freezing order nor had the exhausted alternate remedy under the Arbitration Act.Emphasizing on significance of impleading a...

Assessment Order Passed Beyond Limitation Period: Andhra Pradesh High Court Sets Aside ₹50 Lakh Tax Penalty

The Andhra Pradesh High Court has allowed a plea of Shirdi Saibaba Constructions which was ordered to pay Rs.50,14,541/- as tax penalty, on the grounds that the assessment order was passed beyond the period of limitation.In this regard, a Division Bench of the High Court comprising Justice R. Raghunandan Rao and Justice K. Manmadha Rao, held,“…a best judgment order, of assessment, in the...

Audio-Video Recording Of Statement Not Mandatory: AP High Court Allows YSR Congress MP To Be Accompanied By Lawyer Before SIT

Disposing of a plea by YSR Congress MP P.V. Midhun Reddy for recording his statement in an investigation through audio-video means in his advocate's presence, the Andhra Pradesh High Court reiterated that recording of statement through such means is not mandatory and the discretion rests with the police officer. The court however permitted the MP to be accompanied by two advocates to the...

State Govt Can Issue Removal Notice To Mayor U/S 679-B Of A.P. Municipal Corporation Act Despite Procedure U/S 23-D Not Being Followed: AP High Court

The Andhra Pradesh High Court has held that merely because the procedure prescribed under Section 23-D of the A.P. Municipal Corporation Act, 1955 (“the Act”) is not followed, it cannot be said that the State Government possesses no power to issue notice under Section 679-B of the Act.Section 23-D of the Act refers to disqualifications of Members and Mayor of the Municipal Corporation...

'With Time Bond May Develop': Andhra Pradesh HC Grants Visitation Rights To Father Whose Son Was Witness Against Him In Mother's Murder Case

The Andhra Pradesh High Court has granted conditional visitation rights to a father, despite his minor son being a witness against him in a case where he was accused of murder of the child's mother.Noting the father's acquittal in the criminal trial, a division bench of Justice Ravi Nath Tilhari and Justice Challa Gunaranjan held it appropriate to grant conditional visitation rights which...

Rule 320 Of AP Prison Rules Or Section 57 Of IPC Does Not Limit Quantum Of Life Sentence, Incarceration Is For Remainder Of Convict's Life: AP HC

The Andhra Pradesh High Court has held that a sentence of imprisonment for life shall mean that the prisoner shall be incarcerated for the remainder of his natural life and Section 57 of IPC and Rule 320(a) of A.P Prison Rules, 1979 (“the Rules”) do not reduce the sentence of life imprisonment of a convict nor create a right to be released before the end of the natural life of the...

"Rules Mandate Horizontal Reservation": AP High Court Rejects Open Category Candidate's Plea For Admission In MBBS Course Under Sports Quota

The Andhra Pradesh High Court dismissed a writ petition filed by a candidate belonging to the open category who sought admission in an MBBS college through sports quota.A division bench of Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao held so after noting that the A.P. Unaided Non-Minority Professional Institutions (Regulations of Admissions into Under Graduate Medical...

"May Adversely Affect Investigation": Andhra Pradesh HC Denies Anticipatory Bail To Man Accused In ₹28 Cr Bank Fraud Case

The Andhra Pradesh High Court denied anticipatory bail to a man allegedly involved in a case where employees of a Bank are accused of "orchestrating money transfer fraud" of approximately Rs 28.34 crores using various schemes targeting existing and new customers.The petitioner was booked as accused no. 20 in the case by the police. Justice T. Mallikarjuna Rao, in his order, held:“The...

Authorities Cannot Levy Contribution U/S 1(6) Of ESI Act On Establishments Employing Less Than 10 Workers: Andhra Pradesh High Court

The Andhra Pradesh High Court has clarified, that Authorities under section 1(6) of the Employee's State Insurance Act, 1948; cannot levy a 'contribution' on establishments employing less than 10 individual at all given times.  Section 1(6) States that a factory shall continue to be governed by the above-mentioned Act, even if the number of employees falls below the...

S.138 NI Act | Lok Adalat Award In A Criminal Case For Cheque Dishonour Can Be Executed By Civil Court: Andhra Pradesh HC

The Andhra Pradesh High Court has reiterated that an award passed by the Lok Adalat concerning a criminal case under Section 138 of the Negotiable Instruments Act is executable by a Civil court. For context, Section 138 NI Act pertains to dishonour of a cheque for insufficiency of funds in the account. Referring to Sthe upreme Court's decision in K.N Govindan Kutty Menon Vs....