Irretrievable Breakdown Of Marriage Not A Ground For Granting Divorce U/S 13 Of Hindu Marriage Act: Telangana High Court

The Telangana High Court has held that even though there is no possibility of two individuals living together and there is an 'irretrievable breakdown of marriage', divorce cannot be granted under section 13 of the Hindu Marriage Act, citing the said reason. The Court stated: “…the appellant contended that the appellant and the respondent are staying separately since last 17 years...

[RTE Act] Telangana HC Calls For State's Response On Plea Seeking Mandatory 25% Admission Quota In Schools For Children From Weaker Sections

A public interest litigation has been initiated in the Telangana High Court seeking implementation of section 12(c) of the Right of Children to Free and Compulsory Education (RTE) Act, 2009 which prescribes a mandatory 25% admission to children of weaker sections, in all schools, by providing free and compulsory elementary education up till class 1.The petitioner additionally prayed to...

'No Obstruction': Telangana HC Quashes Proceedings Against TVV Members For Raising Slogans For Release Of Prof GN Sai Baba, Varavara Rao

The Telangana High Court has upheld the right of an individual to raise slogans in a public space, without prior sanction, albeit in a peaceful and orderly manner, without using offensive language. The Court said:“The contention of petitioners is that they never participated in the protest and also relied on the judgment of Anita Thakur's case, wherein the Hon'ble Supreme Court observed...

Andhra Pradesh & Telangana High Court Weekly Round-Up: June 10 – June 16, 2024

Nominal Index:Lakavath Roja vs. The Telangana Public Service Commission & Ors. 2024 Livelaw (TS) 92Ayodhya Rami Reddy Alla Versus Principal Commissioner of Income-tax Central 2024 Livelaw (TS) 93Chatari Dashrath vs State of Telangana 2024 Livelaw (TS) 94Fareedunnisa Huma vs. UoI 2024 LiveLaw (TS) 95Cherukuri Ramakrishna vs Sandhya Hotels Private Limited 2024 LiveLaw (TS) 96N. Pravallika vs...

Telangana High Court Overturns Acquittal In 2010 'Family Murder Case', Says Deposition Of 'Pardanashin' Lady Can't Be Discredited

The Telangana High Court has overturned the acquittal and sentenced the accused to life in prison for murder in 'the family murder case'. The Court held that the deposition of a 'pardanashin' lady, could not be discredited merely on the ground of her being a pardanashin.The order was passed by a Division Bench of Justice K. Lakshman and Justice Juvvadi Sridevi in a Criminal Appeal filed by...

Preventive Detention Routinely Invoked In Telangana Despite SC Directions, Regrettable: High Court

The Telangana High Court has set aside the detention and subsequent proclamation order against a garment merchant from Maharashtra observing that bail was already granted to the accused in the two cases based on which, the detention order was passed, and the State is free to seek cancellation of bail if conditions are violated.While passing the order, the Division bench of Justice K. Lakshman...

[Section 96-100 CPC] Non-Parties Can File Appeal If Negatively Impacted By Trial Court's Order: Telangana High Court

The Telangana High Court, in a landmark ruling, has affirmed the right of non-parties to file appeals under Sections 96-100 of the Code of Civil Procedure (CPC) if they are negatively impacted by a trial court's decision.This judgment was delivered by the division bench of Justice Moushumi Bhattacharya and Justice Nagesh Bheemapaka, in a plea by individuals who were not formal parties to...

Telangana High Court Reiterates Mandatory Disclosure Of Assets & Liabilities By Both Sides In Maintenance Cases, Calls For Strict Adherence To SC Guidelines

The Telangana High Court recently upheld an order by the Additional Metropolitan Sessions Judge (appellate court) in a domestic violence case, highlighting the mandatory requirement for both parties to disclose their assets and liabilities in maintenance proceedings.“The I Additional Metropolitan Sessions Judge, Medchal observed that though the assets and liabilities statement of...

Determination Of Share Title Is Within Civil Court's Domain, Not With NCLT/NCLAT: Telangana High Court

The Telangana High Court bench of Justice Moushumi Bhattacharya and Justice Nagesh Bheemapaka has held that the determination of the title of the shares is within the domain of the Civil Court and not the NCLT/NCLAT. The bench held that Section 430 of the Companies Act comes into play only after the title to the shares is decided. Section 430 of the Companies Act, 2013, restricts...

Telangana High Court Temporarily Stays Central Govt's Circular Banning Rearing Of 'Ferocious & Dangerous' Dog Breeds

The Telangana High Court has granted an interim stay on the Circular issued by the Centre banning the rearing of 'Ferocious & Dangerous' Dog Breeds. The Circular was issued by the Ministry of Fisheries, Animal Husbandry & Dairying Department of Animal Husbandry and Dairying in March, banning the import, breeding, and selling of 25 dog breeds that were recognized as 'dangerous', as...

“Not Every Action Of State Can Be Linked To Chief Minister”: Telangana HC Rejects Plea Against Revanth Reddy Over Osmania University Hostel Closure

The Telangana High Court has dismissed a writ petition seeking directions to the Station House Officer of the Osmania University area for registering a crime against Chief Minister Revanth Reddy in an issue surrounding an alleged fabricated Tweet, regarding the closure of the University hostel.The Bench of Justice B. Vijaysen Reddy heard and disposed of the matter at the stage of...

Colourable Devices To Evade Tax Can't Be Tax Planning, Rules Telangana High Court

The Telangana High Court has held that tax planning may be legitimate, provided it is within the framework of the law. Colorable devices cannot be part of tax planning, and it is wrong to encourage or entertain the belief that it is honorable to avoid the payment of tax by resorting to dubious methods. It is the obligation of every citizen to pay the taxes honestly without resorting...