NIMZ Project Land Acquisition: Telangana High Court Rules Assignees Of Govt Land Are Entitled To Compensation At Par With Private Land Holders

The Telangana High Court has held that assigned landholders are entitled to the same rate of compensation as private landowners for the acquisition of land for the National Investment and Manufacturing Zone (NIMZ) in Zaheerabad. The Court said,"Petitioners (assigned land holders) have right to get the ex-gratia on par with the private patta holders of the same villages...The...

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

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. Section 11 of the Arbitration and Conciliation Act, 1996 deals with the...

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

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. Section 19 of the MSME Act provides that the court may permit the release of...

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

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. The bench held that the court while exercising the jurisdiction under...

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...