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,...

Look-Out Circular Is A Coercive Measure, Has Adverse Consequences: Andhra Pradesh HC Says Authorities Should Apply Mind Before Issuing LOCs

Justice Subba Reddy Satti of the Andhra Pradesh High Court has held that a Look-Out Circular (LOC) is a coercive measure that certainly has adverse civil consequences inasmuch as it makes “a person surrender and consequentially interferes with his right to personal liberty and free movement.”The Court further held that the issuing authority should apply its mind to the facts of each...

Provisions Of S.47(1) Of BNSS Are Mandatory, Violation Will Render Arrest & Subsequent Detention Invalid: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that the provisions of Section 47(1) of Bharatiya Nagarik Suraksha Sanhita (BNSS) are mandatory and peremptory, and a violation of this provision can only result in a declaration that the arrest and subsequent detention are invalid.The Division Bench, comprising Justice R Raghunandan and Justice K Manmadha Rao, was dealing with a writ petition filed...

Andhra Pradesh High Court Lays Down Parameters For Disputing Negligence In Motor Vehicle Accident Claims Cases

A Single Judge Bench of the Andhra Pradesh High Court comprising Justice A. Hari Haranadha Sarma, while dealing with an appeal contesting the sustainability of an award and decree passed by the Additional District Judge-cum-Motor Accidents Claims Tribunal, Ongole, laid down certain advisory parameters to be followed in Motor Vehicle Accident claims cases while disputing negligence. The...

In Absence Of Rules Regulating Transfer Of Govt Employees, Orders Issued Under Article 162 Will Have Statutory Force: Andhra Pradesh HC

The Andhra Pradesh High Court has confirmed that in the absence of any Rules governing the transfer of Employees, an executive order/ Government order issued under Article 162 of the Indian Constitution, which lays down guidelines relating to transfer, shall have statutory force.“The administrative authority while exercising jurisdiction and effect transfers in pursuance of G.O.Ms.No.75...