Telangana High Court Annual Digest 2024 [PART I]

Citations: 2024 LiveLaw (Tel) 01 To 2024 LiveLaw (Tel) 111498A IPC | Magistrate Can't Take Cognizance Merely On Superintendent's Note If Accused Given Clean Chit In Chargesheet: Telangana HCGangadhara Manoj and 3 others vs. State of TSCitation: 2024 LiveLaw (Tel) 01The Telangana High Court has held that a Magistrate cannot take cognizance against those accused, against whom a chargesheet is not filed, merely based on a note affixed by the Superintendent of Police on the said charge sheet.Justice K Surender going further has explained that cognizance cannot be taken against those individuals against whom the investigation did not reveal any cognizable offence. Furthermore, he has iterated that in case the defacto complainant is aggrieved by the findings of the investigation, they are free to file a protest petition. Following which, the Magistrate is bound to record in writing the reasons for summoning the accused against whom no cognizable evidence is found.Telangana HC Upholds Rule Restricting District Judge Appointment To Lawyers In State, Says They Are Acquainted With Practice Of Local CourtBodugula Brahmaiah and others vs. State of TSCitiation: 2024 LiveLaw (Tel) 02The Telangana High Court has upheld the validity of Rule 5(1)(a) of the Telangana State Judicial (Service and Cadre) Rules 2023 as per which only advocates practicing in the state are eligible to apply for the post of District Judge. It observed that the object of such enactment is to acquire candidates acquainted with the practice of local Court.The Division Bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar have passed the order in a batch of writs filed by the residents of Andhra Pradesh who were held ineligible to appear for the District Judge selections due to the implementation of the 2023 Rules.“It is trite law that Union Parliament and State Legislature have plenary powers of legislation within the fields assigned to them and subject to certain constitutional and judicially recognized restrictions can legislate prospectively as well as retrospectively.”Recovery Of Non-Biological Children From Accused Doesn't Automatically Mean He's Involved In Sex Trade: Telangana HC Orders DischargeKamsani Narasamma vs State of TSCitation: 2024 LiveLaw (Tel) 03The Telangana High Court has held that recovery of non-biological children from the custody of accused does not automatically mean that he is involved in kidnapping/ illegally trafficking minor girls into sex trade, particularly in absence of any material indicating the commission of any alleged offence.While allowing a revision petition for discharge of the petitioner-accused, Justice N. Tukkaramji said,"The claim of the prosecution is that as the DNA reports are indicating that the accused are not biologically related to the rescued girls, the accusation of trafficking can be inferred, is not found acceptable, for the reasons that merely as there is variance in the DNA finding, trafficking or commission of any sexual offence or the intention of the accused to commit the offence cannot be presumed unless there is prima facie material supporting the foundational facts."Telangana High Court Issues Notices To State Minority Welfare Department, Waqf Board On Plea Against Govt Funds To Tablighi JamaatM D Afsar Pasha vs. State of TSCitation: 2024 LiveLaw (Tel) 04The Telangana High Court on Wednesday issued notices to the State's Chief Secretary, State Minority Welfare Department, Waqf Board and the District Collector of Vikharabad on a petition challenging allocation of Rs. 2.45 crore government funds to the Tablighi Jamaat for holding a State-wide Ijtema in Vikharabad.The Islamic congregation is scheduled from January 6th to 8th.Governor's Rejection Of Cabinet Recommendations For MLC Posts: Telangana HC Asks Parties For 'Gentleman's Understanding' Till Next HearingDr. Dasoju Sravan Kumar vs. The Secretary of Her ExcellencyCitation: 2024 LiveLaw (Tel) 05The Telangana High Court has adjourned the matter relating to the Governor's rejection of MLC recommendations made by the cabinet. The Bench asked the state to come to a 'gentleman's understanding' and not precipitate the issue until the next date of hearing.The Division Bench of Justice Alok Aradhe and Justice Surepalli Nanda adjourned the plea on the request of the respondents to allow them time to file objections regarding the maintainability of the plea.“Learned Senior Counsel for respondent No.1 (The Governor) submits that the writ petitions preferred by the petitioners are not maintainable in view of the bar contained in Article 361 of the Constitution of India. He, however, prays for a short accommodation to enable him to file an objection with regard to maintainability of the writ petitions,” the Court said.Telangana HC Issues Notice In Contempt Plea Alleging Non-Compliance Of Orders Directing Publication Of Revised Minimum Wages For Scheduled EmploymentM/s. Telangana Regional Trade Union Council vs. A. Santhi Kumari, IAS,Citation: ...

Telangana High Court Annual Digest 2024 [PART I]

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