HIGH COURT JUNE 2024 WEEKLY ROUNDUP| Stories on West Bengal Post Poll Violence; Delhi Riots 2020; Delhi Excise Policy; and more
A quick legal roundup to cover important stories from all High Courts this week.
Andhra Pradesh High Court
‘Attending police station merely for evidence seems implausible’; AP HC sets aside order cancelling bail after photos showing accused visiting police station
The Court stated that when considering the material produced, it appears improbable that the accused persons’ visit to the police station was solely to fabricate evidence.
Explained| Andhra Pradesh HC allows transfer of divorce petition on account of wife’s inconvenience in a matrimonial proceeding
“In matrimonial proceedings, the convenience of the wife has to be considered than inconvenience of the husband. There are grounds to consider the request of the petitioner to transfer the petition.”
Application for extending mandate of the Arbitral Tribunal for passing Award to be filed only before ‘Court’ as defined u/s 2(1)(e) of A&C Act: Andhra Pradesh HC
“If the intention of the Parliament were to vest the power of extending the mandate of an Arbitrator under Section 29A of the Arbitration and Conciliation Act, 1996 only in High Court as envisaged under Section 11, then nothing could have prevented it from providing so.”
HIGH COURT MAY 2024 WEEKLY ROUNDUP| Stories on Baba Tarsem Singh Murder; Maternity Benefits for Third Child; Aaj Tak Sting Operation; PM Modi; and more
A quick legal roundup to cover important stories from all High Courts this week.
Andhra Pradesh High Court directs ECI to consider whether pregnant women shall be permitted to cast their vote through postal ballot
Election Commission of India (‘ECI’) submitted that the elections have already been notified and are in progress and therefore, the issue that has been raised by the petitioner in the present petition could be considered for the elections whenever they are conducted in future.
Know Thy Judge | Supreme Court of India: Justice Ahsanuddin Amanullah
Justice Ahsanuddin Amanullah is the sitting judge of the Supreme Court of India. He was elevated to the Supreme Court in February 2023. He has formerly served as a Judge in Patna High Court and Andhra Pradesh High Court.
Know Thy Judge | Supreme Court of India: Justice S.V. Bhatti
Justice Bhatti served as Chief Justice of Kerala High Court for 1 month before being elevated to the Supreme Court on 14-07-2023.
Cattle Cruelty| Andhra Pradesh HC directs District Collectors of Kakinada and East Godavari to file report on safe keeping and transportation of cattle as per Government Order
The Court opined that some of the photographs annexed with the petition reflects a very sorry state of affairs. It reflects that number of dead animals in the cattle marketing area are being handled by cranes and other heavy machinery.
If there is apprehension of arrest even after issuance of notice u/s 41A of CrPC, it cannot be said that anticipatory bail is not maintainable: Andhra Pradesh HC
“Petitioner submitted that, he is aged about fifty-eight years and has undergone several surgeries including a stunt to his heart.”
‘Adolescent love cannot be controlled by the Courts’; Andhra Pradesh High Court grants bail to POCSO accused
“In the case of lack of inducement or threat, the Court must be conscious of the fact that they are not dealing with criminals.”
‘Ghee’ is a livestock product and can be regulated under AP (Agricultural Produce and Livestock) Markets Act: SC upholds Andhra Pradesh HC Judgment
Supreme Court said that the argument that “ghee” is not a product of livestock is baseless and bereft of any logic, as Cows and buffalos are the livestock. Thus, “ghee” is a product of milk, which is a product of the livestock.
Andhra Pradesh High Court directs Chittor District Collector to ensure no illegal sand mining is permitted at bed of River Neena
“The PIL has been filed highlighting the inaction of the Mines and Geology Department and other agencies to check illegal sand mining being conducted by unscrupulous elements in the River Neeva in Chittoor District and particularly in SettiappamThangal Village, Ananthapuram Panchayat.”
Maintenance order passed without filing statements of assets and liabilities by wife not illegal, if income not specifically denied by husband: Andhra Pradesh HC
“The petitioner submitted that the Trial Court erred in allowing the petition even without filing the statement of assets and liabilities and the respondent herself deserted the petitioner and yet, sought maintenance, therefore, she is not entitled to claim any interim maintenance.”
Andhra Pradesh High Court grants bail to accused who allegedly stabbed Chief Minister YS Jagan Mohan Reddy in 2018
“Right to speedy trial is implicit in the broad sweep and content of Article 21 of the Constitution. A quest for speedy trial shall not remain as a desolate mirage but serve as an oasis.”
Controller of Legal Metrology competent authority to fix jurisdiction of license; can restrict license to one city: Andhra Pradesh High Court
“The Gazette notification dated 07-05-2015 and proceedings 09-06-2016, are not violative of Article 19(1)(g) of the Constitution and do not infringe the petitioner’s fundamental to carry on his business in a particular District.”
Andhra Pradesh HC acquits man convicted under NDPS Act as negative burden was placed on him to show he did not own the cultivated land
“The criminal liability against the appellant is fastened basing on the so-called version of Accused 1 and 2 which is nothing but confession by exonerating the two accused. The whole approach of the Trial Court in appreciating the evidence on record is not in accordance with law.”
No mandate under CrPC for witness to appear before Court only when summoned; Andhra Pradesh HC sets aside conviction considering contradictory evidence of witnesses
“Unless there is any blatant mistake or error on the face of the record which may lead to miscarriage of justice, the Revisional Court shall not exercise its diligence over the matter.”
‘In accordance with Article 16(5) of Constitution’; Andhra Pradesh High Court upholds termination of employee from service who ceased to be a Hindu
“Petitioner is conscious of the fact that he is a Christian and his marriage is with a Christian lady and the marriage is solemnized in a church as per the Christian rites and church formalities.”
Andhra Pradesh High Court grants four weeks interim bail on medical ground to N. Chandrababu Naidu in Skill Development Case
“It is this Court’s steadfast belief that a patient in need of medical attention should be granted immediate, effective, and comprehensive treatment. Additionally, the choice of the medical facility for treatment should remain with the patient.”