Nominal Index:

Lakavath Roja vs. The Telangana Public Service Commission & Ors. 2024 Livelaw (TS) 92

Ayodhya Rami Reddy Alla Versus Principal Commissioner of Income-tax Central 2024 Livelaw (TS) 93

Chatari Dashrath vs State of Telangana 2024 Livelaw (TS) 94

Fareedunnisa Huma vs. UoI 2024 LiveLaw (TS) 95

Cherukuri Ramakrishna vs Sandhya Hotels Private Limited 2024 LiveLaw (TS) 96

N. Pravallika vs M. Abhishek Goud 2024 LiveLaw (TS) 97

Malabai Khandarkar vs. Y. Jaihind Reddy and others 2024 LiveLaw (TS) 98

Puvvada Venkata Mohana Murali Krishna Murthy v. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Agriculture and Cooperation Department 2024 LiveLaw (AP)43

Food Corporation of India, Zonal Office 111 & Ors. v. Smt. G. Mary, W/o. Yesudas 2024 LiveLaw (AP) 44

Real Time Governance Society v. Code Tree Solutions Pvt Ltd 2024 LiveLaw (AP) 45

SEW Vizag Coal Terminal Pvt. Ltd vs Board of Trustees for the Port of Visakhapatnam 2024 LiveLaw (AP) 46

Judgements/ orders

Telangana Public Service Commission Can't Relax Technical Conditions Under Rule Which Permits Correction Of Clerical Errors In Merit List: High Court

LAKAVATH ROJA vs. The Telangana Public Service Commission & Ors.

2024 Livelaw (TS) 92

The Telangana High Court has held that the Telangana State Public Service Commission (TSPSC) exceeded its authority by relaxing the condition of educational qualification for recruitment of Assistant Engineers in the Roads and Buildings Department, after the initial declaration.

“Therefore, the respondent No.1 was not within its power under Rule 20(b) of TSPSC rules to revise the selection list. What is permitted under Rule 20(b) of TSPSC Rules is only “right to correct any clerical, typographical, arithmetical or other mistakes in the merit list, selected list etc.” The relaxation of the condition of educational qualification or technical condition is not a clerical or arithmetical mistake which can be corrected by TSPSC. The TSPSC is only a recruitment agency and it is for the employer, who has to specify the qualifications for a post and the qualifications mentioned in G.O.Ms.No.58, cannot be relaxed by TSPSC under Rule 20(b) of TSPSC Rules.”

Colourable Devices To Evade Tax Can't Be Tax Planning, Rules Telangana High Court

Ayodhya Rami Reddy Alla Versus Principal Commissioner of Income-tax Central

2024 Livelaw (TS) 93

The Telangana High Court has held that tax planning may be legitimate, provided it is within the framework of the law. Colorable devices cannot be part of tax planning, and it is wrong to encourage or entertain the belief that it is honorable to avoid the payment of tax by resorting to dubious methods. It is the obligation of every citizen to pay the taxes honestly without resorting to subterfuges.

“Not Every Action Of State Can Be Linked To Chief Minister”: Telangana HC Rejects Plea Against Revanth Reddy Over Osmania University Hostel Closure

Chatari Dashrath vs State of Telangana

2024 Livelaw (TS) 94

The Telangana High Court has dismissed a writ petition seeking directions to the Station House Officer of the Osmania University area for registering a crime against Chief Minister Revanth Reddy in an issue surrounding an alleged fabricated Tweet, regarding the closure of the University hostel.

“Not every action of the State can be linked back to the Chief Minister. Tomorrow, a beggar will come to court contending that begging was my only income but the Chief Minister asked to clear the road of illegal encroachment, so the Chief Minister is responsible. There is no need for a counter-blast case to be registered, when investigation is already being conducted in the case of the alleged false notice.”

Telangana High Court Temporarily Stays Central Govt's Circular Banning Rearing Of 'Ferocious & Dangerous' Dog Breeds

Fareedunnisa Huma vs. UoI

2024 LiveLaw (TS) 95

The Telangana High Court has granted an interim stay on the Circular issued by the Centre banning the rearing of 'Ferocious & Dangerous' Dog Breeds.

The Circular was issued by the Ministry of Fisheries, Animal Husbandry & Dairying Department of Animal Husbandry and Dairying in March, banning the import, breeding, and selling of 25 dog breeds that were recognized as 'dangerous', as pet dogs. The circular further mandated the instant sterilization of any 'dangerous dog' that was already being kept as a pet.

Determination Of Share Title Is Within Civil Court's Domain, Not With NCLT/NCLAT: Telangana High Court

Cherukuri Ramakrishna vs Sandhya Hotels Private Limited

2024 LiveLaw (TS) 96

The Telangana High Court bench of Justice Moushumi Bhattacharya and Justice Nagesh Bheemapaka has held that the determination of the title of the shares is within the domain of the Civil Court and not the NCLT/NCLAT. The bench held that Section 430 of the Companies Act comes into play only after the title to the shares is decided.

Section 430 of the Companies Act, 2013, restricts the jurisdiction of civil courts in matters that fall under the purview of the National Company Law Tribunal or the National Company Law Appellate Tribunal. It ensures that civil courts do not interfere with issues that these specialized tribunals are empowered to handle.

Telangana High Court Reiterates Mandatory Disclosure Of Assets & Liabilities By Both Sides In Maintenance Cases, Calls For Strict Adherence To SC Guidelines

N. Pravallika vs M. Abhishek Goud

2024 LiveLaw (TS) 97

The Telangana High Court recently upheld an order by the Additional Metropolitan Sessions Judge (appellate court) in a domestic violence case, highlighting the mandatory requirement for both parties to disclose their assets and liabilities in maintenance proceedings.

“The I Additional Metropolitan Sessions Judge, Medchal observed that though the assets and liabilities statement of respondent No.1 was on record by the date of passing the order, in spite of the same, it was not considered by the trial court making the order erroneous, since the statement would help the Court in deciding the actual amount of relief that was entitled and claimed,” the Bench observed.

[Section 96-100 CPC] Non-Parties Can File Appeal If Negatively Impacted By Trial Court's Order: Telangana High Court

Malabai Khandarkar vs. Y. Jaihind Reddy and others

2024 LiveLaw (TS) 98

The Telangana High Court, in a landmark ruling, has affirmed the right of non-parties to file appeals under Sections 96-100 of the Code of Civil Procedure (CPC) if they are negatively impacted by a trial court's decision.

This judgment was delivered by the division bench of Justice Moushumi Bhattacharya and Justice Nagesh Bheemapaka, in a plea by individuals who were not formal parties to the lawsuit but were substantially affected by its outcome.

Power To Fix Age Of Superannuation In Cooperative Credit Societies Is Discretion Of Board Of Management, Not Govt: Andhra Pradesh High Court

Puvvada Venkata Mohana Murali Krishna Murthy v. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Agriculture and Cooperation Department

2024 LiveLaw (AP)43

The Andhra Pradesh High Court, in a service matter of the employees from a branch of District Cooperative Central Bank Limited, held that cooperative credit societies have complete autonomy in fixing the age of superannuation.

The Division Bench of Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao went on to note that increasing the age of superannuation from June 2017 was a policy decision well within the ambit of the Bank's management, as against Section 3(1) Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Act, 2014 governing PSUs and Institutions listed in the IX and X Schedules of the Andhra Pradesh Reorganisation Act, 2014.

FCI Extracted Work For 40 Yrs & 'Conveniently Overlooked' Its 'Convenience Cleaner': Andhra Pradesh HC Upholds Regularisation Of Safai Karamchari

Food Corporation of India, Zonal Office 111 & Ors. v. Smt. G. Mary, W/o. Yesudas

2024 LiveLaw (AP) 44

Andhra Pradesh High Court has upheld its single-judge bench order to regularise the services of a scavenger who has been working for nearly 40 years at the Food Corporation of India (FCI).

The Division Bench of Justice G.Narendar and Justice Nyapathy Vijay observed that FCI, Nellore, ought to regularise the services of the writ petitioner as safai karamchari, considering the perennial nature of her work, as well as the long duration for which she has rendered her services.

Citizens' Data Leak Ought To Be Probed, RTGS Rightly Withheld 1.4 Crores Payable To Software Company: Andhra Pradesh High Court

Real Time Governance Society v. Code Tree Solutions Pvt Ltd

2024 LiveLaw (AP) 45

In a matter related to the citizens' data leak in 2019, the Andhra Pradesh High Court has set aside its single-judge bench order sanctioning the release of the withheld amount from Real Time Governance System (RTGS) to the software company named 'Code Tree'.

The State had alleged that Code Tree was behind the information breach since it was the exclusive contractor of the RTGS e-governance initiative, meant to address the grievances of its citizens efficiently.

High Court Lacks Jurisdiction To Entertain Applications Under Section 29A For Extension Of Arbitrator's Mandate: Andhra Pradesh High Court

SEW Vizag Coal Terminal Pvt. Ltd vs Board of Trustees for the Port of Visakhapatnam

2024 LiveLaw (AP) 46

The Andhra Pradesh High Court bench of has held the High Court, not being a Court within the meaning of the Arbitration and Conciliation Act, 1996, has no jurisdiction to entertain an application under Section 29A.

Section 29A(4) of the Arbitration Act states that if the award is not made within the period specified of six months or the extended period of parties' mutual consent, any of the parties can apply to the court for an extension of time.

Other Developments:

PIL Filed In Andhra Pradesh High Court Against Alleged Violence Targeting YSRCP Supporters Amid Govt Transition

A public interest litigation has been filed in the Andhra Pradesh High Court seeking directions to curb heightened violence against the supporters and sympathizers of YSR Congress Party, amid the government transition to Chandrababu Naidu led Telugu Desam Party.

"It is necessary to point out here that, the volume and intensity of the targeted violence and attacks have increased in past 4 days. The perpetrators continue to exploit the period of Government transition in order to escalate their organized violence and attacks. The perpetrators are not only threatening the people with dire consequences, but, are also coercing them to leave their ancestral homes and villages under the threat of physical harm and even death," it is alleged.