Telangana High Court Upholds ED's Power To Issue Summons, Carry Out Further Investigation Even After Filing Complaint Against Accused

The Telangana High Court has held that the Enforcement Directorate (ED) has the authority to issue summons under Section 50(2) and (3) of the Prevention of Money Laundering Act (PMLA) even after a complaint has been filed before a Special Court. The court held that such summons do not violate Article 20(3) of the Constitution and that the ED does not require prior permission from the...

S.105 Of AP Reorganisation Act Contemplates Only One-Way Transfer Of Pending Cases From Andhra Pradesh To Telangana: High Court

The Telangana High Court has clarified that Section 105 of the Andhra Pradesh Reorganisation Act, 2014 only contemplates a one-way transfer of pending proceedings from the erstwhile state of Andhra Pradesh to the newly formed state of Telangana, and not vice versa.In doing so, the high court dismissed an appeal challenging the jurisdiction of a Commercial Court in Hyderabad to hear a suit...

Telangana HC Dismisses Property Purchaser's Appeal, Says Act Done In 'Wilful Disobedience' Of Injunction Order Is Liable To Be Reversed

While hearing a matter concerning a property dispute, the Telangana High Court reiterated that an act which is done in violation of an injunction order is invalid and should be undone by the court putting back the parties in the same position as they were before such an order was passed. In reiterating so, the High Court dismissed an appeal filed against a decree for specific performance,...

Accused To Be Produced Before Magistrate Within 24 Hours From 'Apprehension', Not From Official Arrest: Telangana High Court

Addressing the subject of detention and production of accused persons, the Telangana High Court recently said that the 24-hour period for producing a person before a magistrate is to be calculated from the moment a person is apprehended, not from when the arrest is officially recorded.A division bench comprising of Justice P. Sam Koshy and Justice N. Tukaramji said, "Accordingly, this Bench...

Telangana High Court Sets Aside Remand Order, Reaffirms 24-Hour Time Limit For Producing Accused Before Magistrate

The Telangana High Court has set aside a remand order, emphasizing the importance of adhering to constitutional safeguards regarding arrest and production before a magistrate within 24 hours. The court held that producing an accused before a magistrate beyond the 24-hour limit without obtaining a transit warrant violates Article 22(2) of the Constitution of India.This ruling was made in...

Prohibition On Entertaining Appeal Beyond 90 Days Under NIA Act Is "Justice Bar," Must Apply Equally To Accused And Agency: Telangana HC

The Telangana High Court on Friday observed that the statutory bar on filing an appeal against a decision beyond 90 days under the National Investigation Agency (NIA) Act can be termed the "Justice Bar", adding that the doors of justice cannot be selectively shut to a few especially where life and liberty are at stake. The observations were made while the high court was considering...

Plea In Telangana High Court Seeks Regulation Of Home Care Services, Appointment Of Authority To Monitor Labour Law Compliances

The Gareeb Guide a voluntary organization, has filed a Public Interest Litigation (PIL) in the High Court of Telangana seeking to declare the inaction of state authorities in regulating home care service centres/organizations as illegal and arbitrary. The petition calls for the appointment of a monitoring authority or committee to oversee the implementation of relevant laws by home care...

Will Not Demolish Litigants' Construction Around Durgam Cheruvu Lake Until Notification On Full Tank Level: State To Telangana High Court

While hearing a batch of pleas by certain persons seeking protection of "peaceful possession" of their properties located around Hyderabad's Durgam Cheruvu Lake, the state government told the Telangana High Court that until the lake protection committee notifies the full tank level, the properties in question will not be demolished. A division bench of Chief Justice Alok Aradhe and Justice...

Trademark Infringement Suit Pre-Supposes Urgency For Dispensation Of S.12A Of Commercial Courts Act: Telangana High Court

In relation to commercial disputes, the Telangana High Court has observed that a plaintiff's allegations of misuse of trademark indicate the 'urgency' of court intervention and thus the requirement of pre-institution mediation provided in Section 12A of the Commercial Courts Act, 2015, can be dispensed or exempted with in such cases. The Court emphasized the time-sensitive nature of...

Arbitral Tribunal Is The Fulcrum And The Facilitator For Taking Evidence Under Section 27 Of Arbitration And Conciliation Act: Telangana High Court

The Telangana High Court division bench of Justice Moushumi Bhattacharya and Justice M.G. Priyadarshini, while dismissing a Civil Revision Petition (CRP), has held that the Arbitral Tribunal is the fulcrum and the facilitator under Section 27 of the Arbitration Act. The Bench further held that only Arbitral Tribunal can make a representation before a Court under Section 27(5). Section...

Driving Vehicle Without Number Plate Not 'Cheating' U/S 420 IPC: Telangana High Court

While quashing a cheating case registered against a two wheeler driver, the Telangana High Court said that the allegation of driving a vehicle without a number plate does not attract Section 420 IPC. A single judge bench of Justice K. Sujana noted that the sole allegation against the accused–of driving without a number plate, does not fall under the purview of Section 420 (Cheating...

Telangana High Court Dismisses Wife's Plea To Transfer Divorce Case To Hyderabad, Cites Free Public Transport Facility For Women

The Telangana High Court dismissed a woman's plea seeking transfer of the divorce proceedings from Nirmal to Hyderabad after noting that free public transport is available to women in the state.The high court passed the order in a petition filed by the wife, seeking transfer of the divorce proceedings from the civil judge's court in Nirmal district to either the family court in R.R. District...