HC Registry Defends Norms to Pick District Judges

Hyderabad: The High Court registry defended the legality and constitutionality of the notification for the selection of the entry level district judges in the state. The bench of Chief Justice and Justice T. Vinod Kumar were hearing a batch of writ pleas complaining that the notification was issued in April 2023, and the rules were made in May. Practising assistant public prosecutors and lawyers with seven years standing from Andhra Pradesh would push their aspirations primarily on twin grounds, the pleas claimed. They would contend that an advocate should be allowed in the selection process independent of the region of his nativity and practice, the petitioners said. The impugned qualification which required a candidate to have practice for seven years in the High Court or the courts under it was also challenged as prescribing a disqualification retrospectively. The bench posted the matter to December 16 for further hearing.

HC cuts connection given by discom:

Justice S. Nanda of the Telangana High Court set aside orders of the TSPDC with regard to the supply of electricity meter service in favour of a consumer in Kompally. The judge directed the authorities to hear the petitioners and the private respondents and take a decision. The judge was dealing with a writ filed by K.V. Narasimha Reddy and three others from Sikh village, challenging the action of the chief division divisional engineer, Medchal, and assistant engineer, Kompally, in granting a meter connection in favour of Anisha Reddy and Anirudh Reddy for about 2 acres of land in Kompally. The petitioners claimed to be owners in possession of the land. A one-sixth share was registered in the name of the mother of the private respondents. The petitioners said that they had purchased the share and constructed a compound wall, making the entire property an integral part of 'KVR Convention Hall.'

The petitioner contended that the father of the private respondents in July 2022 trespassed into the property with local anti-social elements for taking forcible possession, and broke a small portion of the compound wall. A civil suit for title and possession is pending. The petitioner said the private respondents made an application for non-domestic and commercial power connection on the same property. The petitioners represented to the authorities to not issue the connection. The TSPDC, however, granted the service connection though the petitioner’s representation was pending consideration. Faulting the TSPDC procedure, Justice Nanda pointed out that the TSPDC had not considered the petitioners’ representation and its order was not in accordance to the law or in conformity with the principles of natural justice.

Proceedings quashed on wellness firm:

Justice K. Surender of the Telangana High Court quashed criminal proceedings against Megha More of True Weights Wellness Private Limited for offences under the Drugs and Magic Remedies (Objections Advertisement) Act, 1954. A similar petition filed by the company and its director Vishnu Saraf was also quashed. A drugs inspector had inspected the premises of True Weight Wellness and found certain products — branded wheatgrass, ‘super fibre,’ ‘tea tox,’ ‘super juice’ and ‘three-grain upma’ — for marketing and distribution which were in contravention to the Act. The prosecution said that in all the products, the words used were misleading in nature and would influence the patient to undertake self-medication.

Chandala Devi, appearing for the petitioners, submitted that since it was not claimed on the labels that they were a remedy or cure for any disease or that they were drugs, the Act did not apply. Justice Surender, after examining the labels, pointed out that nowhere was it stated that it was a ‘medicine’ or a ‘drug’ for treatment or in any manner would cure any disease. He noted that the products were certified by the FSSAI (Food Safety and Standards Authority of India). “It is not the case of the complainant drug inspector that the products fall within the definition of a drug. The complaint was not filed for any penal consequences under the Drugs and Cosmetics Act,” the judge added. He clarified that the provisions of the Act would apply if the article or the substance sought to be sold, fell within the definition of drug, but would not include any food item.