Nominal Index:

Andhra Pradesh HC:

The Project Director, National Highways Authority of India vs M/s. Vijayanagaram Hatcheries Pvt. Ltd 2024 LiveLaw (AP) 14

Merla Bhavani Shankar Prasad vs. Vallabhaneni Mytri Priyadarshini 2024 LiveLaw (AP) 15

BANDI GOWRI Versus BANDI SUBBA RAO 2024 LiveLaw (AP) 16

Gundala Siva Prasad Reddy vs State of Andhra Pradesh and Ors.2024 LiveLaw (AP) 17

Telangana HC:

Tallapelli Kamalamma Died vs. Tallapelli , JannuLudiaBloosom 2024 LiveLaw (TS) 37

K. Venkateswara Rao vs Union Of India 2024 LiveLaw (TS) 38

M/S. Bharat Heavy Electricals Limited vs State Of Telangana And Others. 2024 LiveLaw (TS) 39

Pulipati Srinivas vs. The State of Telangana 2024 LiveLaw (TS) 40

Orders/Judgements this week:

Writ Petition Not A Remedy For Execution Of Arbitration Award: Andhra Pradesh High Court

The Project Director, National Highways Authority of India vs M/s. Vijayanagaram Hatcheries Pvt. Ltd

2024 LiveLaw (AP) 14

The Andhra Pradesh High Court division bench comprising Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao held that that it lacks the authority in writ petition to enforce an award issued by an arbitrator when it is already challenged under Section 34 of the Arbitration and Conciliation Act, 1996.

Suspect Deleted From Chargesheet Can Be Added As Accused At Cognizance Stage, Need Not Wait For Trial To Reach Stage Of S.319 CrPC: AP High Court

Merla Bhavani Shankar Prasad vs. Vallabhaneni Mytri Priyadarshini

2024 LiveLaw (AP) 15

The Andhra Pradesh High Court has held that in a criminal case, one need not wait till the case reaches the stage at which a petition under section 319 of the CrPC can be filed to array the names of deleted accused and that a Magistrate can take cognizance against deleted accused at the time when the chargesheet is filed.

Further it noted that "The Hon'ble Supreme Court also held that there is no need to wait till the stage of Section 319 Cr.P.C. was reached, before proceeding against the persons against whom a prima facie case was made out from the materials contained in the case papers sent by the learned Magistrate while committing the case to the Court of Session. It is also observed that waiting till the stage of Section 319 Cr.P.C., the trial would have to be commenced de novo against such persons which would not only lead to duplication of the trial, but also prolong the same.."Convenience Of Non-Earning Wife Takes Precedence Over Inconvenience Of Employed Husband: Andhra Pradesh High Court Transfers Divorce Case

BANDI GOWRI Versus BANDI SUBBA RAO

2024 LiveLaw (AP) 16

The Andhra Pradesh High Court has held that in matrimonial disputes the convenience of the wife takes precedence over that of the husband. "A perusal of copy of charge sheet...prima facie, supports the contention of the petitioner that now she is residing in her uncle's house at Kadapa city, which was failed to consider by the learned Principal District Judge, Kadapa. In matrimonial proceedings, the convenience of wife has to be considered than the inconvenience of husband who admittedly working as a software engineer and getting salary.”

'Based On Speculation, Tarnishes Reputation': AP High Court Junks Lawyer's Plea Accusing AG Of Corrupt Practice In Appointment Of Standing Counsel

Gundala Siva Prasad Reddy vs State of Andhra Pradesh and Ors.

2024 LiveLaw (AP) 17

The Andhra Pradesh High Court has expressed strong displeasure over an Advocate's PIL seeking removal of a Standing Counsel and a consequential CBI inquiry into the appointments made on the recommendation of the Advocate General alleging 'corrupt practices for personal gains'.

Interestingly, we cannot help but notice that the petitioner has not challenged the appointment of the counsel who is alleged to be a beneficiary by filing W.P.No.20349 of 2019, in the present petition, neither has he been made as a party respondent in the present case. It appears that the present petition has been filed not on account of general concern for the public, but somehow to settle scores with respondent No.4 (Advocate General), against whom the petitioner a C.B.I. inquiry merely on the ground that he has been instrumental in making recommendation for extension of tenure of respondent No.5 (SC in question) as a Law Officer for the Municipalities and Municipal Corporations in the High Court," the Bench regarded.

Daughter's 'Good' Financial Status Can't Be Grounds To Disallow Her From Seeking Share In Self-Acquired Properties Of Her Father: Telangana HC

Tallapelli Kamalamma Died vs. Tallapelli , JannuLudiaBloosom

2024 LiveLaw (TS) 37

The order was passed by Justice M.G. Priyadarshini in an appeal by a brother against his sister after a partition suit was decreed in her favour. The brother had relied upon a will alleged to have been executed by their father, wherein it was stated that the sister was being disallowed from claiming a share in the self-acquired property of her father due to her good financial status. The trial court disbelieved the alleged will and decreed the suit in favour of the sister.

"Even for the sake of arguments, if we consider the alleged Will Deed to be genuine, in the alleged Will Deed it was clearly mentioned that since plaintiff was having a good financial status, she is not entitled for any share in the self acquired properties of her father. Merely because plaintiff is having good financial status, her right to seek share in the self acquired properties of her father cannot be denied." The Court held.

Can't Challenge Award U/s 34 Of A&C Act If Arbitral Tribunal's Composition Aligns With The Agreement, Even If Part I Stands Violated: Telangana High Court

K. Venkateswara Rao vs Union Of India

2024 LiveLaw (TS) 38

The Telangana High Court single bench of Justice M.G. Priyadarsini held that as long as the composition of the arbitral tribunal or the arbitral procedure aligns with the agreement between the parties, Section 34 of the Arbitration and Conciliation Act, 1996, does not allow a challenge to an award solely on the basis that the composition of the arbitral tribunal conflicts with the provisions of Part I of the Act.

Unsuccessful Conciliation Proceedings Can't Be Converted Into Arbitration Without Prior Declaration Of Termination: Telangana High Court

M/S. Bharat Heavy Electricals Limited vs State Of Telangana And Others.

2024 LiveLaw (TS) 39

The Telangana High Court single bench of Justice T. Madhavi Devi held that if the facilitation conciliation proceedings are unsuccessful and terminated without any settlement, the council cannot be automatically converted into arbitral proceedings without a prior declaration of failure and termination of the conciliation process.

Playing Fraud & Disabling Court From Disseminating Justice: Telangana HC Imposes ₹15 Lakh Cost On Party, Counsel For Suppressing Material Facts

Pulipati Srinivas vs. The State of Telangana

2024 LiveLaw (TS) 40

The Telangana High Court has imposed a cost of Rs 15 lakh on a petitioner and advocate for approaching the Court with unclean hands and suppressing material information.

Justice Nagesh Bheemapaka passed the order in a writ petition after noting that the petitioner's counsel on two previous occasions had been warned about the dissatisfaction of the Court due to his unbecoming conduct and for wasting judicial time by filing a case with suppressed facts.

“Concealing / suppression of material facts would amount to abuse of process of law, playing fraud with Court as well as opposite party.....If he/she withholds some vital/relevant material, in order to gain an advantage over the other side, then he/she would be guilty of playing fraud which cannot be countenanced...litigation like the present one is contributing fuel to fire in mounting pendency, disabling the Courts to discharge the prime duty of justice dissemination. One needs to keep in mind that there is an innocent sufferer on the other side of every irresponsible and senseless claim," the Court said.

Other Developments:

Telangana High Court Initiates Suo Moto PIL On Underprivileged Children's Letter Alleging Encroachment Of Their Playground For Constructing Temple

The Telangana High Court has taken up a matter in the interest of public welfare following a letter addressed to the Chief Justice by 23 underprivileged children from Adilabad who alleged that the land allotted for their playground was being encroached for the construction of a temple.

During 2000 to 2004 half about 30 guntas of the said land was encroached by some of the miscreants and a temple named after Lord Shiva was constructed, the letter said. It was further stated in the letter that from the past few months land grabbers are again grabbing the remaining land for constructing another temple and though the parents of the children and other elders have given representation to the Authorities no action has been taken by the concerned authorities to stop the illegal construction in the park land

Plea In Andhra Pradesh High Court Challenges Advertisements For Political Gain By YSR Congress Party At Public Expense, Seeks Probe

A plea in the Andhra Pradesh High Court has challenged advertisements issued by the State through the Commissioner Information and Public Relations Department since 2019 which allegedly promoted the political interests of the YSR Congress Party at the cost of the public exchequer It is argued that these advertisements were against the guidelines issued by the Supreme Court. A division bench comprising Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao heard the matter and issued notice to all parties, including Y. S. Jagan Mohan Reddy, the Chief Minister of Andhra Pradesh.