Telangana High Court
Advocate Commissioner Can Be Appointed In Suit For Perpetual Injunction, His Report Open To Objections Including Cross Examination: Telangana HC
The Telangana High Court has upheld the order of an appellant authority to appoint an Advocate Commissioner in a suit for perpetual injunction to localize the suit property and iterated that a commissioner report is subject to objections, including cross-examination.The Bench of Justice M.G. Priyadarshini has passed the order in a couple of Civil Revision Petitions challenging a common...
MP HC Judge Requests Transfer As Son Practises In Same Court; Supreme Court Collegium Proposes Transfer To Telangana HC
In the latest development, the Supreme Court's collegium has agreed to the request of Justice Sujoy Paul of Madhya Pradesh High Court regarding his transfer to a different Court. The request was made on 12th February on the ground that his son is practicing in the same High Court. Consequently, the Supreme Court released the notification yesterday (February 13th),...
Supreme Court Collegium Accepts Justice Moushumi Bhattacharya's Transfer Request; Proposes Her Transfer From Calcutta HC To Telangana HC
In a significant development, the Supreme Court's collegium has agreed to the request of Justice Moushumi Bhattacharya of Calcutta High Court regarding her transfer to a different Court. The transfer was sought for personal reasons. As per the notification released yesterday (on February 13th), Justice Bhattacharya has now been transferred to the High Court of...
Telangana High Court To Decide Whether Execution Petition Of Arbitral Award Can Be Filed Before Any Court
Telangana High Court to decide whether execution petition of an arbitration award can be filed before any Court? Or whether only the court where the application under section 34 was already filed has jurisdiction to deal with subsequent applications including application for enforcement of an award? The question arose in a Civil Revision Petition filed by Pipeline Infrastructure...
Arbitrator Decides Validity Of Arbitration Agreement, Telangana High Court Applies Prima Facie Approach To Allow S. 11 Application
The Telangana High Court bench comprising Justice K Lakshman held that the court can refer a dispute to arbitration unless a party could establish a prima facie case of the non-existence of a valid arbitration agreement. The bench held that in cases where doubt arises regarding the validity of the arbitration agreement, the matter should be referred and decided by the...
Section 8 Of A& C Act Is Compiled On Filing Application Under O. 7 Rule 11, Informing About Arbitration Clause: Telangana High Court
The Telangana High Court single bench of Justice Alok Aradhe held that the requirement under Section 8(1) of the Arbitration and Conciliation Act, 1996 to inform the court regarding the existence of an arbitration clause is fulfilled when a party files an application for rejection of plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 in a commercial...
Telangana High Court Suspends Look-Out Circular Against Ex-MLA Accused Of Helping His Son Escape From Scene Of Accident
The Telangana High Court suspended the Lookout Circular issued against Ex-MLA Shakil Aamir, which was issued on the allegations that he helped his son escape the scene of an accident.On 24th December 2023, it is alleged that Sahil Raheel Aamir met with an accident in a prominent locality of Hyderabad, outside the Praja Bhavan. Although there were no casualties, it is alleged that Shakil Aamir,...
S.6 PMLA | Adjudicating Authority May Be Comprised Of Members Without Legal Experience, Doesn't Carry Out Functions Of Court: Telangana HC
The Telangana High Court has held that the 'adjudicating authority' constituted under section 6 of the Prevention of Money Laundering Act, 2002 (PMLA) can be a body consisting of a single individual who need not have experience in the field of law.The Division Bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti passed the order in a plea filed by the Directorate of Enforcement...
Mere Negotiations Do Not Delay Cause Of Action For Purpose Of Limitation, Telangana High Court Dismisses Application For Appointment Of Arbitrator
The Telangana High Court single bench comprising Justice CV Bhaskar Reddy held that the mere exchange of communications or settlement discussions between the parties does not extend the period of limitation for issuing a notice of arbitration. The bench held that mere negotiations do not delay the cause of action for the purpose of limitation. Brief Facts: Athelli...
Telangana HC Quashes Forgery Case For Fabricating Loan Documents Upon Noting That Although Prima Facie Case Was Established, Loan Amount Had Already Been Repaid
The Telangana High Court has quashed a criminal case against M/s Achyutha Electrical and Industrial Private Ltd on account of the loan availed by it based on fabricated documents from Andhra Bank, holding that although the loan was sanctioned based on fabricated documents, the amount was repaid before the issuance of any proceedings or notice.“No doubt, fabricated documents were produced...
No Capacity To Do Official Favor After Chargesheet Has Been Filed: Telangana HC Quashes Case Against Sub-Inspector For Allegedly Demanding Bribe
Telangana High Court has quashed an FIR against a sub-inspector accused of accepting a bribe to not implicate the father of the accused in a kidnapping case. Court held that once a charge sheet was filed, the police official becomes functus officio (one who holds no further official authority) and is not in a position to extend an official favor thus creating doubt regarding the genuineness...
GST Payable On Transfer Of Land Development Rights Under Joint Development Agreement: Telangana High Court
The Telangana High Court has held that Goods and Service Tax (GST) is payable on the transfer of land development rights under a joint development agreement (JDA).The bench of Justice P. Sam Koshy and Justice Laxmi Narayana Alishetty has dismissed the writ petition filed by the real estate developer assailing the imposition of GST on the transfer of land development rights (TDR) on JDA...