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...

Commercial Courts Empowered To Hear Commercial Original Petition Arising From Section 37 Of Arbitration Act: Telangana High Court

The Telangana High Court division bench of Justice Moushumi Bhattacharya and Justice M.G. Priyadarsini has held that commercial courts are competent courts to hear the Commercial Original Petition arising from Section 37 of the Arbitration and Conciliation Act, 1996 in terms of specified value, territorial jurisdiction and the nature of the dispute i.e.,...

Incapacity Of A Non-Party To Lis Can Be Equated To 'Legal Disability' Under Sections 6 & 7 Of Limitation Act: Telangana High Court

The Telangana High Court has held that the incapacity of a non-party to a legal proceeding can be equated to 'legal disability' under sections 6 and 7 of the Limitation Act, 1963.The order was passed by a division bench of Justice Moushumi Bhattacharya and Justice M.G.Priyadarsini in an I.A. filed in an appeal suit, praying to condone the delay of 428 days in filing the appeal....

Plaint Must Disclose A Clear Right To Sue, Not An Illusion Or Mirage Of A Cause Of Action: Telangana High Court

The Telangana High Court has upheld the rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908, emphasizing that a plaint must disclose a clear right to sue and not merely an illusion or mirage of a cause of action.“The expression “Cause of Action” has been described to mean every fact which would be necessary for the plaintiff to prove, if traversed, in order...

Writ Petition May Be Maintainable, But Court Can Refuse To Entertain It Under Article 226 Discretionary Powers: Telangana High Court

While hearing a writ petition against an eviction order challenged on the ground of procedural irregularities, the Telangana High Court highlighted the distinction between the maintainability and entertainability of a writ petition, shedding light on the discretionary powers of the Court under Article 226 of the Constitution of India.A single judge bench of Justice K Lakshman held that while...

Telangana High Court Issues Notice On Plea Challenging Mandate Of Proficiency In Telugu For Eligibility To Post Of Civil Judge

A writ petition has been filed in the Telangana High Court challenging proficiency in the Telugu Language as a condition for qualification to the post of a Civil Judge and providing for written examination consisting of translation from English Language to Telugu Language and vice versa without providing for the option of opting for Urdu language.The petition was placed before Justice Sujoy...

NRIs Not Exempted From Mandatory Faceless Procedure: Telangana High Court

The Telangana High Court has held that the NRIs are not exempted from following mandatory faceless procedure.The bench of Justice Sujoy Paul and Justice Namavarapu Rajeshwar Rao has observed that the taxpayer is nowhere distinguished between NRIs and Indian citizens. The reassessment notice issued under Section 148 must comply with the requirement of the scheme whether or not the taxpayer is...

GST Not Payable On Consideration against 'Works Contract ' Executed In Maldives: Telangana High Court

The Telangana High Court has held that GST is not payable on consideration received towards 'works contract service of construction' executed in the Maldives.The bench of Justice Sujoy Paul and Justice Namavarapu Rajeshwar Rao has observed that the location of immovable property is located in the Maldives or outside India. Hence, the place of supply shall determine the 'location of...

Central Govt Cannot Arbitarily Withhold Consent For Remission Of Sentence, Must Give Cogent Reasons For Denial: Telangana High Court

While hearing the remission plea of a man serving a life sentence in a murder case, the Telangana High Court said that if the state government–which is empowered to recommend remission, approaches the Centre for its consent, then it can't keep the same pending and "withhold it arbitrarily". The high court also emphasized that in case the Centre differs from the State government on grant...

S.37 Telangana Municipalities Act | Merely Scheduling Meetings Doesn't Equate To Convening Them, Quorum Of 2/3rd Members Required: HC

The Telangana High Court yesterday, addressed the issue of interpretation of Section 37 of the Telangana Municipalities Act, 2019, specifically regarding the convening of meetings for no-confidence motions against municipal chairpersons. The key issue was whether a scheduled meeting that was postponed without being convened could trigger the one-year bar on subsequent no-confidence...

Telangana High Court To Examine Authority Of Osmania University's VC To Reduce Fees Of Affiliated Colleges

A recent petition filed in the Telangana High Court has questioned the authority of Osmania University's Vice Chancellor to reduce fees for affiliated colleges. The case, brought forward by Koradala Naresh representing the Telangana Private Degree College Management Association, challenges the University's decision to lower the "Other Fee" from Rs. 10,000 to Rs. 7,500 for the academic...