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...

Plea In Telangana HC Challenges 'Excessive' Police Action In Hyderabad, Unauthorised Entry On Private Properties & Random Frisk Searches

A Public Interest Litigation (PIL) has been filed in the Telangana High Court challenging the excessive policing practices conducted by the Hyderabad City Police in various slums and localities specifically challenging the Cordon and Search operations, being implemented under various names such as "Mission Chabutra," "Operation Romeo," and "midnight counselling."The petitioner social...

Exception To Rule Of Availing Alternative Remedy Arises When Impugned Order Bereft Of Reasons, Incapable Of Being Appealed Against: Telangana HC

The Telangana High Court has reiterated that under peculiar circumstances when no reasons are provided in an order, relegating a litigant to the remedy of appeal would not be effective as no grounds have been furnished.“Ordinarily, we would have relegated the petitioner to avail of the alternative remedy. However, in the peculiar facts and circumstances of the case, the remedy of appeal is...

Section 11 Can't Be Entertained Without A Notice Under Section 21 of Arbitration Act: Telangana High Court

The Telangana High Court Bench comprising Chief Justice Alok Aradhe has held that a valid notice under Section 21 of the Arbitration and Conciliation Act, 1996, is a mandatory requirement for invoking arbitration, and its absence renders an arbitration application under Section 11 of the Act non-maintainable. Brief Facts: The parties entered into a Franchise Agreement on...

Speaker's Inaction To Decide Disqualification Pleas Within Reasonable Period Is Subject To Judicial Review : Telangana High Court

While directing the Telangana Assembly Speaker to fix a schedule of hearing to decide the disqualification pleas pending against the defecting BRS MLAs within four weeks, the High Court expressed disagreement over the argument made by the defecting MLAs and State that the Speaker cannot be directed to decide the disqualification petition within a certain time. “If the contention of the...

Telangana High Court Directs Speaker To Decide In Four Weeks Disqualification Pleas Against BRS MLAs Who Defected To Congress

The Telangana High Court today directed the Speaker of the State Legislative Assembly to fix a schedule of hearing within four weeks to decide upon the disqualification pleas preferred by the BRS and BJP MLAs against the defection of three BRS MLAs to the Congress Party.The bench comprising Justice B. Vijaysen Reddy stated that since there's no information as to the status of the...

Telangana High Court Quashes Tax Authority's Show Cause Notices To Assessee As Demand Was Settled Under State's One Time Settlement Scheme

The Telangana High Court recently quashed two show cause notices issued by the tax authority to a company, demanding tax which was already settled under the state government's One Time Settlement (OTS) scheme, while noting that there was "no allegation of fraud" committed by the company in the notices. A division bench of Justice Sujoy Paul and Justice Namavarapu Rajeshwar Rao in its August...

Appeal U/S 8 Of Telangana Agricultural Land (Conversion For Non-Agricultural Purpose) Act Lies Before Collector, Not RDO: High Court

The Telangana High Court has clarified that a Revenue Divisional Officer (RDO) will not have jurisdiction to entertain an appeal under Section 8 of the Telangana Agricultural Land (Conversion for Non-Agricultural Purpose) Act, 2006 (NALA). The court held that only the District Collector or an officer not below the rank of Joint Collector has the jurisdiction to hear such appeals.“As per...

Multiple Pleas In Telangana High Court Challenge Demolition Action Involving HYDRAA- Agency Tasked With Protecting Land, Lakes

Over the past two weeks, the Telangana High Court has been hearing matters challenging demolition orders, issued by the state authorities on the ground that the constructions in question were "unauthorised" or were made by encroaching the "Full Tank Level" or "buffer zone" of the water bodies around it. Apart from challenging the demolition notice issued by the concerned state...