Telangana High Court
Telangana High Court Issues Notice On Chenchu Tribe Member's Plea Challenging Provisions Of Forest Act, Seeking Stay On Eviction
A plea has been moved before the High Court of Telangana challenging the constitutional validity of certain provisions of the Telangana Forests Act, 1967. The petitioner, a member of the Chenchu community recognized as a Particularly Vulnerable Tribal Group, seeks to declare specific sections of the Act as unconstitutional, illegal, void, and repugnant to the Scheduled Tribes and...
Stray Dog Menace: Telangana HC Issues Directions To Committee For Monitoring Implementation Of Animal Birth Control Rules, Stresses On Rehabilitation
The High Court of Telangana, led by Chief Justice Alok Aradhe and Justice J. Sreenivas Rao recently addressed the ongoing issue of stray dogs in Hyderabad. The court was hearing two Public Interest Litigations (PILs), including a suo motu case initiated based on a news report about stray dogs attacking children and elderly residents in the state.The court had previously directed the...
Legal Heirs Of Deceased Party To Arbitration Agreement Comes Under "Legal Representatives" Under Section 2(1)(g) Of Arbitration Act: Telangana High Court
The Telangana High Court bench of Justice P.Sam Koshy and Justice Sambasivarao Naidu has held the legal heirs of a deceased person who was a party to an arbitration agreement fall under the definition of "legal representative" as specified in Section 2(1)(g) of the Arbitration and Conciliation Act, 1996. The bench held that it encompasses persons who manage or claim to inherit...
Telangana High Court Issues Guidelines To Streamline Document Registration Process, Curb Unnecessary Litigation
In a significant ruling aimed at addressing widespread issues in the document registration process, the Telangana High Court has issued comprehensive guidelines to streamline procedures and reduce unnecessary litigation.The common order, delivered by Justice N.V. Shravan Kumar on July 9, in a batch of 24 writ petitions, addresses recurring problems faced by citizens in getting their...
Telangana High Court Upholds Right Of Shia Women To Conduct Prayers In Ibadat Khana, Says Holy Quran Does Not Prohibit It
In a landmark judgment, the Telangana High Court has affirmed the right of women belonging to the Akbhari Sect of Shia Muslims to conduct religious activities in the Ibadat Khana located in Darulshifa, Hyderabad.The ruling came in response to Writ Petition, filed by 'AnjumaneAlavi Shia Imamia Ithna Ashari Akhbari Regd Society' challenging the denial of access to women for conducting...
Non-Filing Of GST Return Due To Technical Glitch, Bank Can't Be Penalised: Telangana High Court
The Telangana High Court has held that the petitioner bank could not file its return in the GST portal because of a technical glitch and cannot be saddled with demand, penalty, and interest.The bench of Justice Sujoy Paul and Justice Namavarapu Rajeshwar Rao has observed that it was the duty of the department to keep their portal functional. If the portal was not functional or had a...
Telangana High Court Quashes Cheating Case Against Builder Prevented From Delivering Villas Due To Litigation Initiated Against Property
The Telangana High Court has granted anticipatory bail to two petitioners accused of cheating and breach of trust in a real estate transaction.The case stemmed from a complaint against a married couple running a company under M/s.EVK Projects Pvt. Ltd. The complainant, Raghavendar, and another individual had entered into an agreement with the petitioners to purchase two villas. When...
Telangana HC Explains Section 31(7)(A) And (B) Of The A&C Act,1996 In Terms Of Timeframes, Embargo & Discretion
The Telangana High Court division bench of Justice Moushumi Bhattacharya and Justice M. G. Priyadarsini has held the arbitral tribunal has full authority to award interest from the date of the award until the date of payment, regardless of any contrary decision by the parties. If the award is silent on the rate of interest, the award holder is entitled to an interest rate 2% higher than...
Commercial Disputes Take Effect Beyond Private Sphere Of Contracting Parties, Create Ripple Effect On Commercial Movement: Telangana HC
The Telangana High Court has elaborated on the interpretation of "commercial disputes" under the Commercial Courts Act, 2015. The Court clarified that any dispute arising out of a commercial agreement cannot be termed a 'Commercial Dispute' as long as only the contracting parties will be affected. “In essence, a commercial dispute would be one where the nature of the agreement or...
Invoking Section 8(1) Of Arbitration And Conciliation Act, 1996, Formal Application Is Required, Averment In Written Statement Not Enough
The Telangana High Court has clarified the procedural requirements for invoking arbitration under Section 8(1) of the Arbitration and Conciliation Act, 1996. The court held that a formal application for referring parties to arbitration must be filed before submitting the first statement on the substance of the dispute, typically the written statement in a suit. The case arose from a...
Appellant Has Right To Withdraw Appeal Without Any Strings Attached, High Court Must Grant Leave When Requested: Telangana High Court
The Telangana High Court has reaffirmed the principle that an appellant has an absolute right to withdraw an appeal, and the court must grant such a request without imposing conditions, provided certain circumstances are met. The Division Bench of Justice Moushumi Bhattacharya and Justice M.G.Priyadarsini held, that the power of the High Court in granting permission to withdraw an...
Telangana High Court Clarifies Application For Termination Of Arbitrator Lies Before District Court And Not High Court
In a recent judgment, the Telangana High Court has provided crucial clarity on the jurisdiction for applications seeking termination of an arbitrator's mandate under Section 14 of the Arbitration and Conciliation Act, 1996 (A&C Act). Chief Justice Alok Aradhe clarified that applications for termination of an arbitrator's mandate under Section 14 of the A&C Act should be...