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...

High Court Imposes Exemplary Cost On Plea Against Telangana's Power Distribution Company For Suppression Of Material Facts

The Telangana High Court has dismissed a writ petition filed against the Telangana State Southern Power Distribution Company Limited with exemplary costs of 1 lakh, on finding the petitioner guilty of suppressing material facts.The order was passed by Justice Nagesh Bheemapaka in a Writ petition filed in 2022, challenging the actions of TSSPDCL in the alleged unlawful acquiring of the property...

[Telangana Municipalities Act] No Inconsistencies Between 1965 & 2019 Acts: High Court Upholds No-Confidence Motion Against Municipality Chairpersons/Vice-Chairpersons

The Telangana High Court has held that even though the Telangana Municipalities Act 2019, which replaced the 1965 Act, omitted some provisions on procedure, its legislative intent was self-evident in the creation of a provision providing for a no-confidence motion under Section 299, which, in the absence of contrary legislative intent cannot be labelled a statutory inconsistency between the...

Limitation Period For Arbitration Decided By Arbitral Tribunals, Not By Courts: Telangana High Court Allows Section 11(6)(a) Application

The Telangana High Court bench comprising Justice C.V. Bhaskar Reddy held that the question of whether a claim is barred by limitation time is to be decided by the Arbitral Tribunal/Arbitrator under Section 20 of the Arbitration and Conciliation Act, 1996. Further, the bench noted that the scope of Section 11(6) in conjunction with Section 11(9) is confined to the appointment...