Andhra Pradesh & Telangana High Court Weekly Round-Up: June 10 – June 16, 2024

Nominal Index:Lakavath Roja vs. The Telangana Public Service Commission & Ors. 2024 Livelaw (TS) 92Ayodhya Rami Reddy Alla Versus Principal Commissioner of Income-tax Central 2024 Livelaw (TS) 93Chatari Dashrath vs State of Telangana 2024 Livelaw (TS) 94Fareedunnisa Huma vs. UoI 2024 LiveLaw (TS) 95Cherukuri Ramakrishna vs Sandhya Hotels Private Limited 2024 LiveLaw (TS) 96N. Pravallika vs M. Abhishek Goud 2024 LiveLaw (TS) 97Malabai Khandarkar vs. Y. Jaihind Reddy and others 2024 LiveLaw (TS) 98Puvvada Venkata Mohana Murali Krishna Murthy v. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Agriculture and Cooperation Department 2024 LiveLaw (AP)43Food Corporation of India, Zonal Office 111 & Ors. v. Smt. G. Mary, W/o. Yesudas 2024 LiveLaw (AP) 44Real Time Governance Society v. Code Tree Solutions Pvt Ltd 2024 LiveLaw (AP) 45SEW Vizag Coal Terminal Pvt. Ltd vs Board of Trustees for the Port of Visakhapatnam 2024 LiveLaw (AP) 46Judgements/ ordersTelangana Public Service Commission Can't Relax Technical Conditions Under Rule Which Permits Correction Of Clerical Errors In Merit List: High CourtLAKAVATH ROJA vs. The Telangana Public Service Commission & Ors.2024 Livelaw (TS) 92The 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 CourtAyodhya Rami Reddy Alla Versus Principal Commissioner of Income-tax Central 2024 Livelaw (TS) 93The 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 ClosureChatari Dashrath vs State of Telangana 2024 Livelaw (TS) 94The 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 BreedsFareedunnisa Huma vs. UoI 2024 LiveLaw (TS) 95The 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 CourtCherukuri Ramakrishna vs Sandhya Hotels Private Limited 2024 LiveLaw (TS) 96The 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...

Andhra Pradesh & Telangana High Court Weekly Round-Up: June 10 – June 16, 2024

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