Hyderabad: Justice B. Vijaysen Reddy of the Telangana High Court closed a writ plea of a marital dispute with allegation of theft and police inaction on a complaint. The judge directed Kalapathar police to register an FIR taking into account the CCTV footage of the alleged incident. The judge was hearing a writ plea filed by Mohammed Rafeeq Mohinuddin seeking the court's intervention against the inaction of the police, specifically Kalapathar police station house officer (SHO), in registering a crime based on a complaint dated August 8, 2023. The petitioner claimed that his wife stole cash and gold belonging to their daughter and had left the house. The alleged theft was recorded on CCTV cameras. On Thursday, the petitioner's counsel argued that the police had failed to take action as per the guidelines established in ‘Lalitha Kumari v. Govt of UP’, which mandates registration of an FIR. The judge expressed dissatisfaction with this assertion, questioning the characterisation of the case as theft. The judge said that it was difficult to label the incident as theft, emphasising that as long as the marital relationship exists money and property are to be shared equally between spouses. However, the court recognised the mother's right to take her 17-year-old daughter's gold, as stated by counsel, because the mother is the daughter’s natural guardian.
GMR challenges imposition of GST
A two-judge bench of the Telangana High Court at the instance of GMR Pochanpalli Expressways Limited will decide as to whether GST will apply retrospectively. The bench, comprising Justice P. Sam Koshy and Justice N. Tukaramji, was hearing a writ plea filed by the firm challenging a show cause notice issued by the additional director, directorate general of GST intelligence, proposing imposition of GST. Senior counsel, S. Niranjan Reddy pointed out that the project had commenced in 2006 and was completed by 2009. The concession was awarded where the concessionaire would be paid in annuities over a period of 20 years towards maintenance of the highway. The counsel pointed out that the GST Act came into force in 2017 and cannot be applied to works that were completed in 2009 where only annuities are deferred — cannot be applied retrospectively. In contrast, the revenue authorities argued that since the revenue paid was continuous, GST would be applicable. The counsel also mentioned that the circular, which the respondents are relying on, had been struck down by the Karnataka High Court and as per the apex court, once a High Court strikes down a circular, it has no legal effect throughout the territory of India.
Invoke alternate remedy: HC to firm
Justice B. Vijaysen Reddy of the Telangana High Court heard a writ plea filed by Maxx Vespa Multi Finance Private Limited challenging the alleged interference by the Madhapur ACP with the internal and day-to-day affairs of the petitioner. The petitioner, a multi-financed company, alleged police interference in its commercial activity as being one without the authority of law and a sheer abuse of power. The petitioner contended that in April the company was shocked to receive a telephone call from a person claiming to be Ravi Yadav from the Madhapur police station, demanding a processing fee. The judge closed the writ petition, leaving it open to the petitioner to move the appropriate court or an appropriate bench in the High Court if an FIR is registered against the petitioner company. It was reasoned by the judge that even according to the petitioner alleged cases are filed against the petitioner. If so, he said in such circumstances it would be ideal for the petitioner to work out remedies available to him under the normal law rather than invoke the court's extraordinary jurisdiction.
HC: Retrospective termination illegal
The Telangana High Court faulted TSRTC for terminating the services of a driver with retrospective effect. Justice J. Sreenivas Rao was dealing with a writ petition filed by A. Yadagiri, who challenged an order of the depot manager at Medak who issued an order in February 2016 retiring him with effect from November 2015. It was the case of the petitioner that he had submitted multiple certificates in support of his date of birth but the corporation had not considered them, on the alleged ground that in the medical certificate dated November 20, 1987, issued by the medical officer, APSRTC, Tarnaka Hospital, the age of the petitioner was mentioned as 30 years as on November 20, 1987. Based on that certificate, the RTC deemed the petitioner to have been retired from service with effect from November 30, 2015. Justice Sreenivas Rao found that the petitioner had discharged more than 28 years of service and during the period the corporation had not initiated any proceedings, not had conducted any inquiry nor passed any order against the petitioner, even after the petitioner submitted certificates on his date of birth from the school and gram panchayat in 2004, 2011 and 2016. “It is settled principle of law that the employee is not entitled to raise the age dispute nor seek correction of the date of birth at the fag-end of the service. The said principle is also applicable to the employer,” Justice Sreenivas Rao said. The judge said that the act of the corporation amounted to altering the date of birth of the petitioner, in the absence of notice, inquiry or any order, at the fag-end of service solely basing upon medical certificate dated November 20, 1989, and the same is a clear violation of principles of natural justice and contrary to the law.
