HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Lakshmi Puri’s defamation; Agniveer recruitment; Cancer patient’s termination of pregnancy; and more
A quick legal roundup to cover important stories from all High Courts this week.
Telangana High Court
Telangana HC dismisses plea of former CM K. Chandrashekar Rao challenging appointment of Commission to inquire into irregularities of power procurement from DISCOMS during his tenure
The Court opined that the press conference was held to update the media about the status of the proceedings before the Commission and the extract of the press conference did not contain any material indicating that Respondent 3 pre-judged the issues pending before him.
‘Preposterous to assume that Chief Minister of State will personally handle twitter for posting trivial, casual tweets’: Telangana HC dismisses plea to register FIR against CM
As per petitioners, the Chief Minister is responsible for tweeting fake circular of closure of hostels and messes in the Osmania University due to acute shortage of water and electricity.
Telangana HC refuses to quash FIR against Senior Advocate allegedly taking bribe to influence Judges due to pending investigation
The Court opined that the allegation that money is obtained to bribe the judges of this Court casts a serious doubt on the independence of judiciary and implies that justice is up for sale and such serious allegations need to be investigated.
Court must give reasons for releasing the amount under Section 19 of MSME Act, 2006: Telangana High Court
The Court is empowered to permit release of such percentage of amount under Section 19 of the MSME Act, 2006, deposited to the supplier as it considers reasonable under the circumstances of the case, subject to such condition as it deems necessary to impose.
Colourable devices cannot be part of tax planning; obligation of every citizen to pay taxes honestly: Telangana HC
The Court stated that due to the non-obstante clause in Chapter X-A i.e., the General Anti-Avoidance Rules (‘GAAR’), its provisions get an overriding effect over and above the other existing provisions of law.
Preventive detention is justified only when an individual’s actions have potential to affect Public Order: Telangana High Court
There is a distinction between “Law and Order” and “Public Order”, i.e., offences that target specific individuals fall under the category of “Law and Order” and it is only when the criminal activities of an individual adversely affect the public at large that their conduct is deemed to disturb “Public Order”.
[Rohith Vemula Suicide] ‘Despite best efforts of Investigating Officer, no evidence could be collected’; Telangana HC disposes of petitions after prosecution files closure report
The Telangana High Court noted that multiple issues could have driven Rohith Vemula to commit suicide and further, it could also not be established that the actions of the petitioners had driven Rohith Vemula to commit suicide.
Telangana High Court directs Delhi Police not to take any coercive action in alleged doctored video of Union Minister Amit Shah’s case
The High Court found the cause of action to be untenable as the petitioners were already accused in a similar case.
No statutory provisions to exempt PepsiCo from complying with Rule 6(1)(a) of Standards of Weights and Measures (Packaged Commodities) Rules, 1977: Telangana High Court
Under Rule 6(1)(a) of the 1977 Rules, a manufacturer is required to mention on every package the name, address, telephone number, e-mail address of the person or the office that could be contacted in case of a consumer complaint.
Telangana HC directs State to consider Mohammed Ali Hyder’s candidature as Shia Community’s representative before State Legislative Council
Petitioners sought relief under Article 226 of the Constitution, to consider the letter and do the needful by nominating a Shia Muslim community member in Telangana Legislative Council under Governor’s quota for upliftment of their community.
Telangana HC permits Lord Sri Veera Hanuman Vijaya Yatra in Nirmal District; restricts playing music within 150m of mosques
Petitioner was directed to ensure that the persons with criminal antecedents did not participate in the Hanuman Vijaya Yatra.
Handling of Cargo in Customs Areas Regulations, 2009 is ultra vires the Customs Act, 1962: Telangana High Court
The High Court observed that the levy of cost recovery charges, i.e., salaries payable to customs staff deployed at the Airport, is an administrative charge and is a tax and hence, it cannot be exacted from GMR Hyderabad International Airport Ltd. without any statutory provision.
Supreme Court Collegium recommends appointment of Judges for Kerala High Court and Telangana High Court
The Collegium on 16-04-2024, resolved to recommend the appointment of 3 Judges, which included 2 Permanent Judges and 1 Advocate as a Judge.
‘Take steps to inculcate discipline in Advocates’; Telangana HC directs State Bar Council after advocate uses high-pitched, intimidating voice
The counsels who adopt such practices, jeopardize the harmony with the Bench along with their professional careers, by ignoring the fact that they are not only required to conduct the case in a fair manner, but while doing so they are also officers of the Court.
Telangana HC directs fresh exam, both in English and Telegu languages to recruit teachers for Residential Educational Institutions Societies
The Notification No. 6/2023 dated 5-4-2023, issued by Telangana Residential Educational Institutions Recruitment Board, inviting applications for the post of Art Teacher categorically mentioned at Para (1)(v) that the question paper is bilingual i.e., English and Telugu.
HIGH COURT APRIL 2024 WEEKLY ROUNDUP| Stories on Raj Babbar’s Conviction; Haldiram as ‘Well-Known Trade mark’; MasterChef Kunal Kapur’s Divorce; and more on grounds of cruelty by wife.
A quick legal roundup to cover important stories from all High Courts this week.
‘Pendency of a criminal case cannot be a ground to refuse renewal of passport’; Telangana HC directs renewal for a period of ten years
Respondent 2’s act is contrary to the procedure laid down under the Passports Act, 1967 and the principle laid down by the Supreme Court in Vangala Kasturi Rangacharyulu v. CBI, 2021 SCC OnLine SC 3549.
Chairman, MD, ED, of private banks are public servants; Telangana HC allows prosecution of officials under Prevention of Corruption Act
The Special Judge for CBI Cases, Hyderabad, failed to appreciate the facts and circumstances and held that respondents are not public servants and accordingly exonerated them from offences under the provisions of the Prevention of Corruption Act, 1988.
“Evidence of police witnesses full of contradictions and thoroughly unconvincing”; SC sets aside conviction under NDPS Act
The Court found glaring loopholes in the prosecution case regarding the preparation of the samples of the contraband and safe keeping of the samples.