Nominal Index

Chandrakanth Siddharth Kamble vs. State of TS 2024 LiveLaw (TS) 99

THE STATE OF A.P. vs SYED JAHANGIR AND 8 OTHERS 2024 LiveLaw (TS) 100

Kothapally Mahesh A6 vs. State of Telangana 2024 LiveLaw (TS) 101

 X v. X 2024 LiveLaw (TS) 102

Sri Sai Krishna Constructions vs Harvins Constructions Plimited  2024 LiveLaw (TS)103

National Small Industries Corporation vs Brahma Teja Paper Products 2024 LiveLaw (TS)104

Smt. Syeda Sana Sumera And Ors Vs Kamran Mirza And Ors 2024 LiveLaw (TS) 105

 M/s Aditya Institute Of Technology And Management Versus The State Of Andhra Pradesh 2024 LiveLaw (AP)47

Judgements/orders

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

Chandrakanth Siddharth Kamble vs. State of TS

2024 LiveLaw (TS) 99

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.

“It is regrettable that despite the directives of the Apex Court and this Court, preventive detention continues to be routinely invoked by the authorities in the State of Telangana. As stated supra, preventive detention should only be used in the most exceptional circumstances. It is only when an individual's actions have the potential to affect Public Order that preventive detention may be warranted. This Court has observed on numerous occasions that authorities often fail to differentiate between actions that impact Law and Order and those that impact Public Order. Therefore, it is imperative that the officers responsible for issuing detention orders are properly educated about the severe nature of preventive detention. Additionally, it is expected that authorities will accurately distinguish between situations involving Law and Order and those involving Public Order before ordering detention.”

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

THE STATE OF A.P. vs SYED JAHANGIR AND 8 OTHERS

2024 LiveLaw (TS) 100

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 the State challenging the acquittal of 9 accused alleged to have planned and executed the murder of an entire family of 5 members.

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

Kothapally Mahesh A6 vs. State of Telangana

2024 LiveLaw (TS) 101

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 that Article 19(1)(a) confers freedom of speech to the citizens of this country and, thus, this provision ensures that the petitioners could raise slogan, albeit in a peaceful and orderly manner, without using offensive language. In the present case, there are no allegations that these petitioners used offensive language and there is no evidence to show that due to unlawful assembly, nuisance is caused to the public and that they have obstructed free flow of traffic or obstructed the public or the authorities from discharging their duties. Hence, continuation of proceedings against these petitioners is not tenable and the same is liable to be quashed.”

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

 X v. X

2024 LiveLaw (TS) 102

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 and their marriage is it retrievably breakdown, there is no possibility of living together. But the said ground of irretrievable breakdown of marriage is not a ground to seek divorce. Neither, the Family Court nor this Court can grant divorce on the said ground. The said aspect can be considered while coming to a conclusion with regard to alleged cruelty.”

Court Under Section 11(6) Must Determine Existence And Validity Of Arbitration Agreement: Telangana High Court

Sri Sai Krishna Constructions vs Harvins Constructions Plimited

2024 LiveLaw (TS)103

The Telangana High Court bench of ChiefJustice Alok Aradhe has dismissed an application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator noting that the party failed to establish prima facie evidence of the existence of valid arbitration agreement.

Court Must Assign Reasons When Releasing Amount Under Section 19 of MSME Act: Telangana High Court

National Small Industries Corporation vs. Brahma Teja Paper Products

2024 LiveLaw (TS)104

The Telangana High Court bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti has held that the court while dealing with a prayer under Section 19 Micro, Small and Medium Enterprises Development Act, 2006 to release the amount has to assign reasons for releasing such percentage of the amount.

Scope of Power Of High Court Under Section 11 Is Extremely Limited, Court Can't Go Into Disputed Questions Of Facts: Telangana High Court

Smt. Syeda Sana Sumera And Ors Vs Kamran Mirza And Ors

2024 LiveLaw (TS) 105

The Telangana High Court bench of Justice K. Lakshman has held that the scope of power of the High Court under Section 11 of the Arbitration and Conciliation Act, 1996 is extremely limited. It held that the court cannot go into disputed questions of facts which are to be decided by the arbitrator.

Belated Deposit Of TDS, Andhra Pradesh High Court Quashes Prosecution Against Assessee

 M/s Aditya Institute Of Technology And Management Versus The State Of Andhra Pradesh

2024 LiveLaw (AP) 47

The Andhra Pradesh High Court has quashed the prosecution proceedings launched against the assessee for belatedly depositing tax deducted at source (TDS).

The bench of Justice Venkata Jyothirmai Pratapa has observed that CIT conveniently ignored the material placed by the assessee to establish that there was a reasonable cause for their failure to remit the amount within a stipulated time. Since the assessee has paid the tax along with late payment interest (although belatedly), there are no tenable grounds to continue the proceedings against the petitioners in all three cases, and hence, the proceedings are liable to be quashed.

Other developments.

Andhra Pradesh High Court Issues Notice On Plea Seeking To

'Protect Citizens From Stray Dog Attacks' By Banning People From Feeding Them Without Approval

A public interest litigation (PIL) has been filed in the Andhra Pradesh High Court, to protect the citizens from “attacks of stray dogs.”

The plea was filed by Parvatheneni Hari Krishna who prayed to immediately ban feeding stray dogs without any prior approval, start a portal / live Dashboard accessible to the public at all times to lodge information regarding stray dog attacks that are being fed, and remove stay dogs en-masse forthwith or within a reasonable time bound manner and to build special enclosures to keep the stray dogs till any legislature is implemented.

Court Can Exercise Inherent Jurisdiction For Welfare Of Animals: AP High Court Directs Listing Of Habeas Corpus Plea Challenging 'Illegal Detention' Of Bovine Animals

The Andhra Pradesh High Court has directed its Registry to list a plea which was filed challenging the illegal detention of 195 Bovine Animals and praying for their production.

The matter was listed before the Division Bench of Justice U Durga Prasad and Justice Sumathi Jagadam, to hear the office objections raised regarding the maintainability of the Habeas Corpus petition filed to produce the 195 alleged unlawfully detained animals.