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.
Telangana High Court
‘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.
Telangana HC upholds validity of S.38(2) of RPA which provides for preferential treatment to candidates of political party over other independent candidates
“Section 38(2) of the Representation of the People Act, 1951, does not treat the equals as unequals, as the candidates belonging to recognized political parties, registered political parties and independent political parties stand on a different footing.”
Disputes arising from commercial contracts with Government not amenable to writ jurisdiction; remedy available in civil law: Telangana High Court
“Once the agreement entered into between the parties is considered as a contract like any other contract, for the enforcement of the covenants of the contract or for any breach thereof, the parties have to work out their remedies under civil law.”
Whether power u/s 8 of PMLA conferred on Adjudicating Authority can be exercised only by member having experience in law: Telangana HC clarifies
“When legislature confers the function of adjudication on an authority under the statute, the same can be performed by such authority within the four corners of the power conferred on it.”
‘Mere recovery of amount cannot prove alleged demand of bribe’; Telangana HC sets aside conviction against Sub-Inspector of Police
“The Investigating Officer becomes functus officio when charge sheet is filed after investigation, unless there will be further investigation under Section 173(8) of the Criminal Procedure Code, 1973.”
Telangana High Court directs CBFC to reconstitute Revising Committee and decide certification of film ‘Vyuham’ on or before 09-02-2024
“The freedom of expression is a fundamental right in a democratic society which is governed by a rule of law. The producer of the film has a fundamental right under Article 19 of the Constitution which permits him to allude to true incidents with his perspective.”
‘Limitation period for arbitration to be decided by Arbitral Tribunal while passing order u/s 20 of A&C Act’; Telangana HC appoints nominee arbitrator u/s 11(6)
“It is a well-settled law that while deciding the question of appointment of arbitrator, the Court shall not touch the merits of the case as it may cause prejudice to the case of the parties.”
‘Scope of interference in arbitration award passed u/s 34, 37 of A&C Act is limited unless error appears on face of record’; Telangana HC dismisses appeal
“The expression ‘public policy’ is of wider amplitude and hence, where award passed by arbitral tribunal is against the terms of contract or against law of land for time being in force, such an award is against public policy of India and is liable to be set aside under Section 34 of Arbitration and Conciliation Act, 1996.”
‘Correction of date of birth cannot be claimed as a matter of right’; Telangana High Court dismisses petition for alteration in date of birth in service records
“A.P. Public Employment (Recording and Alteration of Date of Birth) Rules, 1984 do not permit alteration of date of birth on the basis of any judgement, decree or order of a Civil Court and no indulgence can be shown.”
‘Advocates practicing in other states ineligible for post of District Judge’; Telangana HC upholds Rule 5(1)(a) of Telangana State Judicial (Service and Cadre) Rules, 2023
“The object of enactment of the Telangana State Judicial (Service and Cadre) Rules, 2023 is to recruit suitable candidates to Telangana State Judicial Service who are acquainted with the practice of local Courts in Telangana and have the knowledge of local laws.”
Telangana High Court directs State to permit women members of Akhbari Sect of Shia Muslim to offer prayers in Ibadat Khana
“Except during a particular period which is given as the ‘rest period’ for women by the nature itself, there is no bar against women to offer prayers.”
Obtaining licence to run restaurant without specifying any area as smoking zone, does not entitle owner to run restaurant as hookah centre: Telangana High Court
“Restrictions imposed by law for supply and serving of tobacco products including serving hookah cannot be said to be violative of Article 19(1)(g) of the Constitution.”
Know Thy Newly Appointed Supreme Court Judge | Justice Satish Chandra Sharma
Following a meticulous assessment of the qualifications, integrity, capabilities and giving due consideration to a range of factors, the Supreme Court Collegium recommended and Centre Government approved the appointment of Justice Satish Chandra Sharma as Judge of the Supreme Court of India.
Telangana High Court directs Bar Council of India to examine the eligibility of final year law students for AIBE
“Bar Council of India is directed to examine the representation of the petitioner after taking note of the Supreme Court’s observations in the case of Bar Council of India v. Bonnie Foi Law College.”