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....

Andhra Pradesh High Court Weekly Roundup: March 31- April 06, 2025

Nominal IndexBatha Vamsi v. The State Station House Officer: 2025 LiveLaw (AP) 56V.S. Rayudu, S/o. Gopal, Occ: Driver and Others v. Andhra Pradesh State Road Transport Corporation: 2025 LiveLaw (AP) 57Mallavarapu Lakshmana Kumar v. Union Of India and Others: 2025 LiveLaw (AP) 58A P Srinivasa Deekshitulu v. The State Of Andhra Pradesh and Others: 2025 LiveLaw (AP) 59P V Mudhun Reddy @...

Andhra Pradesh High Court Allows Plea Of MBBS Student Suffering From Cerebral Palsy Seeking Compensatory Time During Exams

The Andhra Pradesh High Court has allowed a writ petition for grant of additional compensatory time to a second year MBBS student suffering from cerebral palsy, during her examinations sought on account of her disability.Justice Gannamaneni Ramakrishna Prasad, while granting a total of 4.5 hours instead of 3 hours to the petitioner to complete all the examinations concerning the MBBS course...

"Unknown To Criminal Jurisprudence": Andhra Pradesh HC Sets Aside Order Permitting Prosecution To Frame, Alter Charges U/S 216 CrPC

The Andhra Pradesh High Court has held that the legislative intent behind enacting Section 216 of CrPC is only to ensure that the Court retains the exclusive power to alter or add a charge depending upon the evidence placed before it and subsequently ensure that the accused is notified of the same.Justice Harinath N explained that Section 216 does not give scope to either the prosecution or...

Andhra Pradesh High Court Suspends Notice Inviting Applications For Junior Civil Judge Posts Till SC's Decision On Minimum Practice Criteria

The Andhra Pradesh High Court has put in abeyance the Notification issued on 14.02.2025 calling for applications to fill up the vacant posts of Junior Civil Judges till the Supreme Court decides whether a minimum number of years of practice needs to be prescribed as a minimum qualification for enabling a candidate to apply. In January, the Supreme Court considered...

Investigators Probing Cases Involving Public Funds Must Not Reveal Details Of Probe Unless Needed, Unsubstantiated Claims Can Damage Reputations: AP HC

The Andhra Pradesh High Court has held that an Investigating Officer (IO), who is tasked with investigating matters involving public funds, should ensure that investigation details are not disclosed unless such disclosure is necessary for an investigation or for public interest at large.Justice T. Mallikarjuna Rao held, “This court views that while the investigation agency claims to...

Scope Of Judicial Review Very Limited In Transfers Made Due To Administrative Exigencies: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that the Court possesses very limited scope of judicial review in cases relating to transfers made on account of administrative exigencies.A Single Judge Bench of Justice Kiranmayee Mandava, while dismissing a writ petition challenging proceedings of the Tirumala Tirupati Devasthanam (Respondent 2), whereby it refused to transfer a Pradhana Archaka at...

'Shows Have Already Been Telecast': Andhra Pradesh HC Dismisses PIL Challenging Increase In Ticket Prices Of Telugu Film 'Sankranthiki Vasthunam'

The Andhra Pradesh High Court dismissed a Public Interest Litigation plea challenging the increase in ticket prices of Telugu film 'Sankranthiki Vasthunam'–starring Venkatesh, Aishwarya Rajesh and Meenakshi Chaudhary–and which further sought an investigation into the film's production cost valued at over Rs. 100 crores.A division bench of Chief Justice Dhiraj Singh Thakur and Justice...

Absence Of Prejudice Not Sole Ground To Brush Aside Principles Of Natural Justice: Andhra Pradesh High Court

The Andhra Pradesh High Court has quashed orders passed by the concerned Depot Manager deducting amounts from the salaries of the drivers and conductors working in the concerned depot of the Andhra Pradesh State Road Transport Corporation, on the ground of non-compliance of principles of natural justice. In doing so the court observed that the corporation had not followed the procedure...

Rape Not Mere Physical Assault, Liberal Approach While Granting Bail Against Interest Of Society: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that the offence of rape cannot be considered as a mere physical assault, and adopting a liberal approach while granting bail in such cases goes against the interest of the society.In this regard, a Single Judge Bench of Justice T. Mallikarjuna Rao, observed,“The offence of rape is punishable by rigorous imprisonment for at least ten years, extendable...

Court's Attitude In Posting Matter To A Long Date Defeats Purpose Of Urgent Notice Under O.39 R.1 CPC: Andhra Pradesh HC

The Andhra Pradesh High Court has observed that the purpose of issuing urgent notice under Order 39 Rule 1 CPC, even if the court does not grant a temporary injunction, is to address situations requiring immediate action and in such cases the attitude of the Courts in posting the matter to a longer date defeats the purpose of the provision. Justice K. Manmadha Rao observed that such...

Confession By Accused Implicating Other Co-Accused Can Be Taken As 'Lead' In Investigation, Admissible U/S 30 Of Evidence Act: AP High Court

The Andhra Pradesh High Court has held that confessional statements made by the accused during interrogation can be considered or looked into to connect the other co-accused and such a disclosure statement can be taken into consideration to provide a lead in the investigation.Justice T. Mallikarjuna Rao further held that such a statement is admissible under Section 30 of the Indian Evidence Act. Section 30 provides for consideration of proved confession affecting the person making it and others...