Open Terrace/Portico Excluded While Computing Built-Up Area To Determine Eligibility For Deduction U/S 80-IB Of IT Act: Telangana High Court

The Telangana High Court stated that open terrace/portico excluded while computing build-up area for determining eligibility for deduction under section 80-IB of Income Tax Act. The Bench consists of Justices P. Sam Koshy and Narsing Rao Nandikonda was addressing the issue of whether the terrace / balcony that is in the form of open to sky or portico / porch area without walls...

Telangana High Court Quashes Case Against Teacher For Playing 'Game Of Betting', Notes Act Didn't Occur In Public Place

The Telangana High Court dismissed a case registered against a private teacher for playing a card game involving betting under the state Gaming Act 2017, after noting that the alleged act did not take place on a public street as required under the provisions of the act. Under Section 9(1) of the TS Gaming Act, whoever is found gaming or reasonably suspected to be gaming in any public street...

Limitation Act Applies To Proceedings Under Interest On Delayed Payments To Small Scale & Ancillary Industrial Undertakings Act: Telangana High Court

The Telangana High Court bench of Justice P. Sam Koshy and Justice N. Tukaramji have held that the provisions of the Limitation Act, 1963 are applicable to proceedings initiated under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993. The Court clarified that the overriding effect under Section 10 of the 1993 Act applies only to the express...

Unfair To Presume That Plea Of Limitation Can't Be Adjudicated By Arbitrator, Court U/S 11 Must Not Conduct Roving Inquiry: Telangana High Court

The Telangana High Court bench of Justice K. Lakshman has held that in a scenario where the referral court can discern the frivolity of the dispute from the bare minimum pleadings, it would be incorrect to presume that the arbitral tribunal, equipped to undertake a detailed examination of the pleadings and evidence, would be unable to reach the same conclusion. Therefore, it is better...

Court Can Appoint New Arbitrator U/S 11(6) Of Arbitration Act If Designated Arbitral Institution No Longer Exists: Telangana HC

The Telangana High Court bench of Justice K Lakshman has held that even if the designated arbitral institution named in the arbitration agreement no longer exists, the Court can still appoint a new arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) provided the intention to arbitrate is clearly evident from the arbitration...

S.47 Of CPC Cannot Be Used As An Alternative To S.37 Of A&C Act For Unsettling Arbitration Award: Telangana HC

The Telangana High Court has clarified that section 47 of the CPC, which permits objections to be raised in an execution petition before the Trial Court; cannot be used as an alternative to challenge an arbitration award, which is being executed before a Trial Court.The Division Bench of Justice Moushumi Bhattacharya and Justice B.R. Madhusudhan Rao, while passing the order made it clear that...

Telangana HC Suspends Rustication Of BITS Pilani Student Over Sexual Harassment Allegations Citing Non-Compliance Of UGC Regulations By ICC

The Telangana High Court has temporarily suspended an order rusticating a second-year female student of BITS Pilani, after noting that it was passed without following the provisions of the UGC (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational lnstitutions) Regulations, 2015. For context, Regulation 8 mandates that a copy of...

Telangana High Court Judge Justice MG Priyadarsini Passes Away

Justice Maturi Girija Priyadarsini, sitting judge of the Telangana High Court, passed away on Sunday morning. Enrolled as an advocate in the year, 1995, Justice Priyadarshini was elevated to the post of a High Court Judge in 2022 from the judicial service.She served as a District Judge from 2016-2022. Her mortal remains have been kept in Hyderabad, and the last rites will be held on...

Telangana HC Acquits Rape Accused Citing “Grand Failure” Of Investigation, Suggests Performance Evaluation System For Cops

In a case pertaining to the alleged rape of a woman, the Telangana High Court has acquitted the appellant and criticised the investigative process citing procedural lapses and failure to maintain evidentiary standards, especially concerning scientific evidences. The bench comprising of Justices P.Sam Koshy and N. Tukaramji stated that there was negligent handling of medical evidence from...

Telangana High Court Declines Anticipatory Bail To Ex-Special Intelligence Bureau Chief In Phone Tapping Case

The Telangana High Court on Friday (May 2) dismissed the anticipatory bail plea moved by former Special Intelligence Bureau Chief T Prabhakar Rao in an alleged case of phone tapping of politicians and high court judges in the previous government led by BRS.Justice J Sreenivas Rao while pronouncing the order said, "Criminal Petition seeking anticipatory bail is dismissed. IA filed seeking...

Centre Notifies Transfer Of Two Telangana High Court Judges

The Central Government on Thursday (May 1) notified the transfer of Telangana High Court Justices P Sree Sudha and K Surender to Karnataka and Madras High Courts respectively. The notification issued by the Union Law Ministry with respect Justice P Sree Sudha's transfer states:"In exercise of the power conferred by clause (1) of Article 222 of the Constitution of India, the President,...

Telangana HC Sets Aside Order For Retrial Of Murder Accused Without Challenge To Acquittal, Says It Violated Constitutional Guarantee

A division bench of the Telangana High Court has set aside the order passed by a Single Judge, directing a re-trial of an accused, who was acquitted of murder charges without there being any challenge to the acquittal order.Justice Moushumi Bhattacharya and Justice B.R. Madhusudhan Rao passed the order in a criminal appeal, challenging the order passed by the District and Sessions Court,...