Deduction Can't Be Availed On Expenditure Incurred For Overseeing Project Of Holding Company: Telangana High Court

The Telangana High Court has held that deductions cannot be availed on expenditures incurred for overseeing the project of holding a company.The bench of Justice P. Sam Koshy and Justice Laxmi Narayana Alishetty has observed that, as per Section 37 of the Income Tax Act, 1961, the prerequisites for allowing deduction are that the expenditure should have been incurred in respect of a...

Telangana High Court Allows 12-Yr-Old Rape Victim To Abort Pregnancy Which Was Beyond Legally Permissible Limit Of 24-Weeks

In a landmark decision, the Telangana High Court permitted a 12-year-old rape victim to terminate her 26-week pregnancy. This ruling came in response to a writ petition filed by the mother of the victim, against the Superintendent of Gandhi Hospital, Hyderabad, who had initially refused to perform the medical termination of pregnancy.“…there cannot be any doubt that the victim girl would...

MSMED Act Prevail Over Arbitration Act, Seller Can Approach Facilitation Council Even In Presence Of Arbitration Act: Telangana High Court

The Telangana High Court bench of Justice B. Vijaysen Reddy held that the provisions of the MSMED Act, 2006 will prevail over the Arbitration and Conciliation Act, 1996. The bench held that even if parties have an arbitration agreement, if the seller falls under the purview of the MSMED, it has the right to seek resolution through the designated authority for...

Absence Of Independent Witnesses Doesn't Warrant Acquittal Of Rape Accused If Survivor's Testimony Reliable: Telangana High Court

The Telangana High Court has held that the absence of independent witnesses does not automatically warrant the acquittal of an accused when the allegations are grave, such as rape. The Court reiterated that when the narration of the victim did not disclose any witnesses, the Court cannot assume to the contrary.“Even accepting that the shop was in a busy place, according to the victim she...

Recovery Of Bribe Amount In Absence Of 'Demand' Insufficient For Conviction Under Prevention Of Corruption Act: Telangana High Court Reiterates

The Telangana High Court has held that an accused public servant cannot be convicted for bribery offences under the Prevention of Corruption Act, 1988, solely based on the recovery of bribe money.The judgment was delivered by Justice K. Surender in a criminal appeal filed by the accused/government official Narsimlu, challenging conviction order passed by the trial court for demanding bribe of...

Telangana High Court Orders Action Against Off-Campus Centre Of Malla Reddy University For Being Established Without Prior Sanction Of State Govt, UGC

The Telangana High Court has passed interim direction to the State and the University Grants Commission (UGC) directing them to take action against the Malla Reddy University, Center of Excellence for Commerce and Design an off-campus centre of the Malla Reddy University, for having been established without the prior sanction from the State of Telangana and the University Grants...

10 Tonne Fishes Dead In Chitkul Tank, Livestock Dying Of Starvation: Telangana High Court Initiates Suo Moto PILs

The Telangana High Court has initiated two Public Interest Litigations, one for implementation of the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules 2016 and second, to investigate the allegations that effluents were being released into the Chitkul tank causing the death of 10 tonne fishes.The PIL for implementation of the Animal Protection Rules was...

Burden Under Customs Act To Prove Dutiable/ Prohibited Goods Not Meant For Smuggling Lies On Person Found In Possession: Telangana High Court

The Telangana High Court recently upheld the action of Customs officials seizing gold bars worth over Rs 2.3 crore from petitioners who had arrived in India at the Rajiv Gandhi International Airport in Hyderabad, from Bangkok.The Court's reasoning hinged on the Customs Act, which places burden of proof on the person from whose possession the dutiable or prohibited goods, as the case may be,...

Telangana HC Rejects Ex-CM Chandrashekhar Rao's Plea Alleging Bias On Retd Judge Commission Inquiring Into Power Procurement During His Govt

The Telangana High Court has dismissed the petition moved by former Chief Minister K. Chandrasekhar Rao, challenging the formation of a one-man Commission to look into alleged irregularities arising out of power procurement during his government between 2014 to 2023.The Justice L Narsimha Reddy Commission was formed to probe the correctness and propriety of decisions related to procurement...

Section 9 IBC Petition Does Not Bar Arbitration Under Section 11(6) Of Arbitration Act: Telangana High Court

The Telangana High Court bench of Chief Justice Alok Aradhe has held that the mere filing of such petition under Section 9 of IBC before NCLT does not bar initiation of proceeding under Section 11(6) of the Arbitration and Conciliation Act, 1996. The bench held that there is no statutory provision which bars a party from initiating the proceeding under Section 11 of the...

Depriving Spouse Of Being On Facebook, Instagram; Damaging Partner's Reputation/ Social Standing May Amount To Cruelty: Telangana HC

The Telangana High Court has ruled that any act of damage to reputation, social standing or work prospects by one spouse to the other would fall within the term “cruelty”. Extending this principle to modern contexts, a bench of Justice Moushumi Bhattacharya and Justice M.G. Priyadarshini added that it might not be too far-fetched to say that depriving a spouse of being on...

Telangana High Court Orders Interim Stay On Detention Of Allegedly 'Ferocious' German Shepherd Dog

The Telangana High Court has ordered an interim stay on the directions issued to the Deputy Director, Veterinary Section by an SHO, to take custody of a 2-year-old German Shepherd 'Zorro' on account of being ferocious. “There shall be interim stay of all further proceedings pursuant to the letter dated 19.06.2024 of respondent No.3 the Sub Inspector of Police, Punjagutta Police...