Telangana High Court
Delay In Producing Accused Before Magistrate Of Another State Without Transit Warrant Would Render Arrest Illegal: Telangana HC
The Telangana High Court has held that a delay in producing an accused before a Magistrate of another State, in the absence of a transit warrant will render the arrest illegal.The order was passed by Dr. Justice G. Radha Rani, in a criminal revision petition filed by the petitioner-accused challenging a remand order by the Magistrate, despite the accused being produced before the Magistrate...
Telangana High Court Quashes 'Attempt To Murder' Charge; Says Husband-Wife Settled Dispute, No Serious Allegation To Attract Offence
The Telangana High Court has quashed criminal proceedings initiated under section 307 IPC (attempt to murder) based on a compromise decree. It held that when an offense arises out of a domestic dispute and is resolved, the Court may quash the FIR based on a compromise entered into between the parties. The order was passed by Justice K Sujana in a criminal petition seeking the quash...
S. 38(2) RP Act | Telangana HC Upholds Validity Of Provision Listing Nominated Candidates From Recognised Political Parties Above Other Candidates
The Telangana High Court has upheld the constitutional validity of Section 38(2) of the Representation of the People Act, 1951 (the Act) and Rule 5.7.1 of the Election Commission of India's Handbook for Candidates (the Handbook).The provisions and the rule which is analogous to it, state that a list of validly nominated candidates is to be prepared giving priority in the order of arrangement...
Telangana HC Denies Plea For Attendance Exemption By Student Who Couldn't Meet 75% Attendance Criterion Due To Rheumatoid Arthritis
The Telangana High Court has dismissed the plea of a veterinary student challenging the attendance exemption denied to her despite her being unable to attend college due to rheumatoid arthritis, holding that attending classes is critical to the success of a student. The Division Bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti while dismissing the appeal have noted that...
Dispute Arising From Commercial Contract With Govt Can't Be Adjudicated Under Writ Jurisdiction, Civil Law Remedies Available: Telangana HC
The Telangana High Court has held that once it is established that a contract entered into between the government and a private party is in the nature of a commercial contract, merely because of allegations that the subject premise was seized by the authorities under the capacity of the State, that by itself would not convert the inherent nature of the dispute into a public law dispute.With...
Andhra Pradesh & Telangana High Court Weekly Round-Up: [19 -25 February, 2024]
Nominal Index:Andhra Pradesh HC:The Project Director, National Highways Authority of India vs M/s. Vijayanagaram Hatcheries Pvt. Ltd 2024 LiveLaw (AP) 14Merla Bhavani Shankar Prasad vs. Vallabhaneni Mytri Priyadarshini 2024 LiveLaw (AP) 15BANDI GOWRI Versus BANDI SUBBA RAO 2024 LiveLaw (AP) 16Gundala Siva Prasad Reddy vs State of Andhra Pradesh and Ors.2024 LiveLaw (AP) 17Telangana...
Playing Fraud & Disabling Court From Disseminating Justice: Telangana HC Imposes ₹15 Lakh Cost On Party, Counsel For Suppressing Material Facts
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...
Durgam Cheruvu Lake Pollution Row: Telangana High Court Seeks State's Response On Remedial Measures Suggested By Committee
The Committee appointed to assess damage and suggest long term and short term remedies for the protection of Telangana's most iconic lake The Durgam Cheruvu filed its report before the Telangana High Court.In December the Telangana High Court had taken cognizance of the deprecating condition of the Durgam Cheruvu Lake, following a news article titled " Durgam Cheruvu Chokes of sewage,...
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. It was stated in the letter that the old Housing Board Colony was established in the late 1970s in the heart...
Unsuccessful Conciliation Proceedings Can't Be Converted Into Arbitration Without Prior Declaration Of Termination: Telangana High Court
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. Brief Facts: The matter pertained to...
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
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...
Daughter's 'Good' Financial Status Can't Be Grounds To Disallow Her From Seeking Share In Self-Acquired Properties Of Her Father: Telangana HC
The Telangana High Court has held that merely because a daughter is of good financial status, it will not automatically deny her a claim in the self-acquired property of her father.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...