Telangana High Court
Telangana Tunnel Collapse: High Court Closes PIL To Rescue 8 Trapped Workers After State Gives Assurance
The Telangana High Court on Monday (March 3) closed proceedings in a PIL petition praying that the State takes all necessary and immediate steps to remove 8 workers who are stated to be trapped in the Srisailam Left Bank Canal (SLBC) Tunnel in Nagarkurnool. A Division Bench of Acting Chief Justice Sujoy Paul and Justice Renuka Yara closed the matter owing to the reassurance given...
CGST Act | SCN Issued On Online Portal Needs To Contain Digital Signature Of Competent Authority To Be Valid: Telangana High Court Clarifies
The Telangana High Court has clarified that show-cause notices issued on the online portal under Chapter XVII of the GST Rules under the category 'demand and recovery' mandatorily need to contain the appropriate officer's digital signature. The order was passed by the Division Bench of Acting Chief Justice Sujoy Paul and Justice Renuka Yara in a batch of 160 writ petitions filed by...
Employee Can't Be Denied Back Wages On Reinstatement When Rules Don't Provide 'No Pay' Punishment For Time Spent Out Of Service: Telangana HC
Reiterating that a punishment which is not provided in rules can't be imposed, the Telangana High Court set aside punishment of 'dies-non and no salary/ remuneration' resulting in non payment of back wages imposed on a physically handicapped co-operative bank employee for the period of time he was out of service. The court said this after noting that the relevant rules didn't provide for such...
S.32 Evidence Act | Post-Mortem Certificate Issued By Doctor Who Isn't Examined Due To Death/Unavailability Is Admissible: Telangana HC
The Telangana High Court has said that when a doctor who has conducted and filed a post-mortem certificate/report cannot be examined due to unavailability or death, the report given by him is to be treated as relevant and admissible in view of Section 32 of the Indian Evidence Act.The court further said that it was well established that when the doctor who conducted autopsy was not...
Telangana High Court Rescinds Order Restricting Late Night Entry Of Children Into Movie Theatres, Says All Stakeholders Need To Be Consulted
The Telangana High Court has rescinded its order restricting children below the age of 16 years from entering movie theatres after 11pm.  Justice B. Vijaysen Reddy observed that Multiplex operators, whose interest is stated to be adversely affected due to the direction, should be given an opportunity of hearing."It is relevant to note that there is no statutory regulation as of...
SCN & Orders Not Containing Signature Of Proper Officer Cannot Sustain Judicial Scrutiny: Telangana High Court
The Telangana High Court stated that the show cause notices and the orders which are not pregnant with the signature of the Proper Officer cannot sustain judicial scrutiny. The Division Bench of Acting Chief Justice Sujoy Paul and Justice Renuka Yara observed that “since Rule and prescribed Forms mandate requirement of signature of Proper Officer, its violation makes...
Phone Tapping Case: Telangana High Court Reserves Verdict On Quash Petition Filed By BRS MLA Harish Rao
The Telangana High Court has reserved its verdict on the petition filed by State's former Minister of Medical Health and Finance and current Bharat Rashtra Samithi (BRS) MLA T. Harish Rao, seeking quashment of FIR registered against him in connection with the alleged 'Phone Tapping' case. In an order passed on 19th February, Justice K. Lakshman had restrained the investigating...
Land Acquisition Act | Right To Receive Compensation Crystalizes Only After Claims Over Dispute On Apportionment Is Decided: Telangana HC
The Telangana High Court has s that the entitlement to receive compensation under the Land Acquisition Act would crystallize only after the competent court–to whom a reference is made over a dispute as to the apportionment of compensation–decides the rival claims and rules in the claimant's favour.The high court referred to the court's decision in a 2024 writ petition wherein it had ...
PIL In Telangana High Court Alleges State-Run Hospital Refused To Admit Homeless Lady Without Aadhaar Card, State Claims Otherwise
While hearing a PIL challenging the actions of Osmania General Hospital for allegedly refusing to treat a patient who failed to produce her Aadhaar card, the Telangana High Court on Monday (February 24) orally questioned the state as to how this was permissible. During the hearing the counsel on behalf of the petitioner submitted before a division bench of Acting Chief Justice Sujoy Paul...
NDPS Act | Co-Accused Cannot Be Found Guilty On Mere Suspicion When Complicity Is Not Proved: Telangana High Court
While dealing with a criminal appeal filed under Narcotics Drugs and Psychotropic Substances Act, the Telangana High Court has reiterated that a co-accused cannot be found guilty on mere suspicion and/or assumption when complicity is not proved.In the case at hand, both accused (A1 and A2) were traveling together to Bangkok. However, when their check-in luggage was inspected by the...
Section 149 IPC| 'Common Object' Needs To Be Established To Charge All Individuals For Being Part Of Unlawful Assembly: Telangana HC
The Telangana High Court has recently reduced the sentence of a few of the accused of an unlawful assembly who were convicted of an offense under section 302 of the IPC. The court held that the prosecution failed to prove the 'common object' amongst the mob and in such a situation, each individual is liable for their own actions. “It cannot be said that all the accused gathered...
Habeas Corpus Most Potent Safeguard Against Illegal Detention, Can't Be Run Down By Misuse In Marital, Child Custody Cases: Telangana HC
The Telangana High Court has reiterated that the remedy of Habeas Corpus is an extraordinary remedy available to safeguard against disappearances or illegal detention. That, it should not be used as a weapon to settle marital scores or to win a custody battle. "A Writ of Habeas Corpus can only be issued when a detention or imprisonment is without authority of law i.e., when the...