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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.
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.
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.
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.
A quick legal roundup to cover important stories from all High Courts this week.
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.
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.
The Court found glaring loopholes in the prosecution case regarding the preparation of the samples of the contraband and safe keeping of the samples.
“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.”
“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.”
“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.”
“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.”
“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.”
“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.”
“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.”
“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.”
“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.”
“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.”
“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.”
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.