Civil Revision Plea Under Art 227 Maintainable Against Trial Court’s Inaction In First Deciding Plea Under Order XIV Rule 2 In DV Case: Telangana HC

The Telangana High Court has held that a Civil Revision Petition filed under Article 227 of the Constitution, challenging the inaction on the part of court below in disposing of a plea under Order XIV Rule 2 read with section 151 of the CPC in a case under Protection of Women from Domestic Violence Act, is maintainable.Justice Juvvadi Sridevi rejected the contention that the remedy...

Telangana High Court Commutes Death Penalty of Three In Gang Rape And Murder Case, Sentences Them To Life Imprisonment Till Last Breath

The Telangana High Court has commuted the death penalty of three convicts in a case of gang rape and murder of a Schedule Caste women in 2019. The court said sentencing the convicts to undergo life imprisonment "with a rider to remain in custody till their last breath, without remission, would be an appropriate sentence".The bench of Justice P.Naveen Rao and Justice Juvvadi Sridevi said that...

Order Of Arbitral Tribunal Terminating Proceedings For Non-Payment Of Tribunal Fees Cannot Be Recalled: Telangana High Court

The Telangana High Court held that once the tribunal has passed an order terminating the arbitral proceedings under Section 32(2)(c) r/w Section 38 of the A&C Act for non-payment of tribunal fees, the tribunal cannot recall the order and continue the arbitral proceedings. The bench of Justices P. Naveen Rao and Nagesh Bheempaka held that once the arbitral proceedings are...

Hyderabad Gang Rape: Telangana High Court Sets Aside Magistrate's Decision To Try Juvenile As Adult, Says Entire Assessment Done In One Day

The Telangana High Court has set aside the order of a Magistrate to try a juvenile as an adult in the Jubilee Hills gang rape case.In June 2022, five minors and one major accused were arrested for the gang rape of a 17 years old girl in a car in Jubilee Hills area near Hyderabad. They had allegedly kidnapped the victim in a car. The bench of Justice G.Anupama Chakravarthy said that, “it...

'Rape Case Filed Against Accused After He Refused To Marry Her': Telangana High Court Sets Aside Conviction In POCSO Case

Setting aside the conviction in a rape case dating back to 2015, the Telangana High Court said that the complaint was filed against the accused after he refused to marry the victim girl. The evidence on record shows that the victim had voluntarily stayed with the accused, said the court.The accused was convicted and sentenced to undergo rigorous imprisonment for a period of seven years in...

Pharmacy Council Of India Has Power To Increase Pharmacy Education Regulatory Charges: Telangana High Court

The Telangana High Court has upheld the notifications issued by the Pharmacy Council of India (PCI) which increased the Pharmacy Education Regulatory Charges (PERC) for the Academic Year 2023-24, to be the paid by the Institutions running the pharmacy courses. It said PCI has power to issue regulations under the Pharmacy Council of India Act, 1948 (PCI Act) and revised PERC to meet its objectives. The single judge bench comprising Justice K. Lakshman observed:“PCI is having power to issue...

Courts Do Not Have Authority To Waive Attendance Criteria Mandated For Appearing In Exam: Telangana High Court Dismisses Law Student's Plea

Recently, the Telangana High Court reiterated that courts do not have the power to waive or reduce the attendance criteria for a student required to appear in a semester exam. Consequently, the court dismissed the writ petition of a law student seeking relief to appear in the exam.The bench of Justice K.Lakshman referred to the case of State of Andhra Pradesh in M. Sunil Chakravarthy v....

When Will Local Body Elections Be Conducted, Telangana High Court Asks Panchayat Raj Department

The Telangana High Court has issued notice to the State Election Commission and Panchayat Raj Department on a PIL to conduct local body elections in the state.The bench of Chief Justice Ujjal Bhuyan and Justice N.Tukaramji asked the Panchayat Raj Department to apprise the court as to when elections to the local bodies of Zilla Parishad, Mandal Parishad and Gram Panchayat in the State...

Telangana BRS MLAs Poaching Case : Supreme Court Asks State Police Also To Not Continue Investigation Against BJP

A few days after the Supreme Court of India cautioned the Central Bureau of Investigation to not continue an investigation into an alleged conspiracy by the Bharatiya Janata Party to poach Telangana's Bharati Rashtra Samiti legislators, a division bench of Justices Sanjiv Khanna and MM Sundresh on Friday gave the same warning to the Telangana police. The division bench was hearing the...

Revisional Court Cannot Set Aside Findings Of Facts Recorded By Lower Court And Substitute Its Own Findings: Telangana High Court

The Telangana High Court on Monday reiterated that the revisional Court has no jurisdiction to set aside the findings of facts recorded by a subordinate Court and substitute its own findings.A single bench of Justice Juvvadi Sridevi said revisional Court has to confine itself to the legality and propriety of the findings of the subordinate Court as to whether the subordinate Court...

Once Decision Is Made In A S. 34 Application, Court Has No Power To Remit Matter To Arbitrator: Telangana High Court

The Telangana High Court has ruled that once a decision is made in an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act), the Court has no power to remit the matter back to the Arbitrator under Section 34(4). The bench of Justices P. Naveen Rao and J. Sreenivas Rao observed that since the Arbitrator had failed to frame an issue on...

Arbitration Under Section 42 Of Special Economic Zones Act, 2005 Would Override A Contractual Arbitration Clause: Telangana High Court

The High Court of Telangana has held that arbitration under Section 42 of the Special Economic Zones Act, 2005 would override a contractual arbitration clause entered into between the parties. The bench of Chief Justice Ujjal Bhuyan held that Special Economic Zones Act, 2005 is a special legislation and Sections 42 and 51 of the Act gives it an overriding act over other acts and...