Prosecution Suppressed First Dying Declaration Suggesting Accidental Fire: AP High Court Acquits Husband For Setting Wife Ablaze

The Andhra Pradesh High Court acquitted a husband of culpable homicide booked for setting his wife on fire, observing that the prosecution had suppressed the wife's first dying declaration given to the duty doctor where she stated that she suffered burn injuries during a fire accident while she was sleeping.Justice B.V.L.N. Chakravarthi held that the first dying declaration given by the...

AP High Court Upholds Acquittal In Attempt To Murder Case, Says 'Improved Testimonies' Of Prosecution Witnesses Warrants Benefit Of Doubt

The Andhra Pradesh High Court upheld the acquittal of six persons in an attempt to murder case, observing that the evidence of the prosecution witnesses had pointed to overt acts by the accused before the trial court which were not stated in their earlier testimonies and were thus improved statements. The court thus said that omissions in prosecution witness' statements during...

AP High Court Allows Unauthorized RO Plant To Continue In Public Interest, Says Access To Clean Potable Water Is Part Of Right To Life

The Andhra Pradesh High Court permitted an unauthorized RO water plant established without prior permission under the Water, Land and Trees Act and the Panchayat Raj Act to operate, after observing that access to clean and safe drinking water is fundamental facet of the Right to Life under Article 21 of the Constitution. In doing so the court said that “the welfare of the people is the...

POCSO Act | AP High Court Criticizes Trial Court For Making Observations On Mental Condition Of Autistic Victim, Doubting Her Testimony

The Andhra Pradesh High Court cancelled the bail granted to a school principal accused of sexual misconduct involving a minor autistic girl, holding that successive bail applications in serious offences cannot be entertained in a “routine or mechanical manner” without any substantial change in circumstances.In doing so the court said that the trial court failed to assign reasons...

Chit Funds Act | Deputy Registrar Can Issue Recovery Certificate Executable As Civil Court Decree: AP High Court

The Andhra Pradesh High Court has held that a Deputy Registrar appointed under Section 61(1) of the Chit Funds Act is empowered to issue recovery certificates under Section 71(a) and such certificates are deemed to be decrees of a civil court executable in the same manner as civil court decrees. While interpreting the statutory framework governing the powers of the Registrar under the Act,...

Self-Certification For WhatsApp Chats By Party Legally Admissible If Requirements Under Section 63 BSA Are Complied: AP High Court

The Andhra Pradesh High Court has held that a self-certificate by a party under Section 65B Indian Evidence Act/Section 63 BSA is legally admissible and generally sufficient for WhatsApp messages or call recordings present on the party's own phone, provided it complies with the statutory requirements given in the provision. The requirements that the certificate must identify the...

AP High Court Directs Tirumala Tirupati Devasthanams To Consider Rare Disease, Autoimmune Disorder Patients For 'Special Darshan' Quota

The Andhra Pradesh High Court has directed the competent authority of Tirumala Tirupati Devasthanams (TTD) to decide within four months a representation seeking expansion of 'Special Darshan' medical quota to devotees having debilitating illnesses like autoimmune disorders, rare diseases and severe blood related conditions. At present devotees having such medical conditions are presently...

Parties Must First Oppose Pre-Judgment Property Attachment Notice Before Trial Court Instead Of Invoking Article 227: AP High Court

The Andhra Pradesh High Court has held that the high court's supervisory jurisdiction under Article 227 of the Constitution cannot be invoked in a routine manner to challenge a show cause notice for attachment of property under Order 38 Rule 5 CPC, when an effective statutory remedy is available before the trial court. The Court observed that the power under Order XXXVIII Rule 5 CPC is...

AP High Court Slams State Public Service Commission For Repeated Re-Evaluation Of Aspirant's Answer Script Despite Express Bar

The Andhra Pradesh High Court slammed the Andhra Pradesh Public Service Commission (APPSC) for repeatedly constituting committees for re-evaluation of a Group-I Services aspirant's answer script of the recruitment exam, despite Supreme Court judgments which prohibit such re-evaluation. The petitioner had sought appointment after multiple expert committees reassessed his Paper IV answer...

AP High Court Fines Litigant ₹25K For Submitting False Medical Certificate To Get Over Inordinate Delay In Filing Appeal

The Andhra Pradesh High Court imposed cost of Rs. 25,000 on a litigant who filed an appeal against money recovery decree with an "inordinate delay" of 1037 days citing a medical issue, noting that the medical certificate was unsupported by records.The Court observed that the medical certificate produced by the appellant, claiming that she had been advised bed rest for nearly three years due...

Husband's Disinclination To Resume Cohabitation With Wife Not A 'Wrong' U/S 23(1)(a) HMA In Absence Of Grave Misconduct: AP High Court

The Andhra Pradesh High Court has held that a mere “disinclination” by a spouse to resume cohabitation after a decree for restitution of conjugal rights does not amount to a “wrong” within the meaning of Section 23(1)(a) of the Hindu Marriage Act so as to disentitle that spouse from seeking divorce. The court said in order to be a 'wrong' within the meaning of Section 23(1)(a),...

Access To Justice | Courts Can't Conduct 'Mini Trial' At Stage Of Numbering Claim Petition: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that there cannot be a "mini trial" over registration and numbering of a claim petition under Order 21 Rule 58 CPC raising objections, claims to attachement of property in execution proceedings.In doing so the court said that at the time of registration of such claim petitions, petitioner cannot be insisted upon to prove title, entitlement or merits of...