Dispute Arising From Commercial Contract With Govt Can't Be Adjudicated Under Writ Jurisdiction, Civil Law Remedies Available: Telangana HC

The Telangana High Court has held that once it is established that a contract entered into between the government and a private party is in the nature of a commercial contract, merely because of allegations that the subject premise was seized by the authorities under the capacity of the State, that by itself would not convert the inherent nature of the dispute into a public law dispute.With...

Andhra Pradesh & Telangana High Court Weekly Round-Up: [19 -25 February, 2024]

Nominal Index:Andhra Pradesh HC:The Project Director, National Highways Authority of India vs M/s. Vijayanagaram Hatcheries Pvt. Ltd 2024 LiveLaw (AP) 14Merla Bhavani Shankar Prasad vs. Vallabhaneni Mytri Priyadarshini 2024 LiveLaw (AP) 15BANDI GOWRI Versus BANDI SUBBA RAO 2024 LiveLaw (AP) 16Gundala Siva Prasad Reddy vs State of Andhra Pradesh and Ors.2024 LiveLaw (AP) 17Telangana...

Playing Fraud & Disabling Court From Disseminating Justice: Telangana HC Imposes ₹15 Lakh Cost On Party, Counsel For Suppressing Material Facts

The Telangana High Court has imposed a cost of Rs 15 lakh on a petitioner and advocate for approaching the Court with unclean hands and suppressing material information.Justice Nagesh Bheemapaka passed the order in a writ petition after noting that the petitioner's counsel on two previous occasions had been warned about the dissatisfaction of the Court due to his unbecoming conduct and...

Durgam Cheruvu Lake Pollution Row: Telangana High Court Seeks State's Response On Remedial Measures Suggested By Committee

The Committee appointed to assess damage and suggest long term and short term remedies for the protection of Telangana's most iconic lake The Durgam Cheruvu filed its report before the Telangana High Court.In December the Telangana High Court had taken cognizance of the deprecating condition of the Durgam Cheruvu Lake, following a news article titled " Durgam Cheruvu Chokes of sewage,...

Telangana High Court Initiates Suo Moto PIL On Underprivileged Children's Letter Alleging Encroachment Of Their Playground For Constructing Temple

The Telangana High Court has taken up a matter in the interest of public welfare following a letter addressed to the Chief Justice by 23 underprivileged children from Adilabad who alleged that the land allotted for their playground was being encroached for the construction of a temple. It was stated in the letter that the old Housing Board Colony was established in the late 1970s in the heart...

Unsuccessful Conciliation Proceedings Can't Be Converted Into Arbitration Without Prior Declaration Of Termination: Telangana High Court

The Telangana High Court single bench of Justice T. Madhavi Devi held that if the facilitation conciliation proceedings are unsuccessful and terminated without any settlement, the council cannot be automatically converted into arbitral proceedings without a prior declaration of failure and termination of the conciliation process. Brief Facts: The matter pertained to...

Can't Challenge Award U/s 34 Of A&C Act If Arbitral Tribunal's Composition Aligns With The Agreement, Even If Part I Stands Violated: Telangana High Court

The Telangana High Court single bench of Justice M.G. Priyadarsini held that as long as the composition of the arbitral tribunal or the arbitral procedure aligns with the agreement between the parties, Section 34 of the Arbitration and Conciliation Act, 1996, does not allow a challenge to an award solely on the basis that the composition of the arbitral tribunal conflicts with the...

Daughter's 'Good' Financial Status Can't Be Grounds To Disallow Her From Seeking Share In Self-Acquired Properties Of Her Father: Telangana HC

The Telangana High Court has held that merely because a daughter is of good financial status, it will not automatically deny her a claim in the self-acquired property of her father.The order was passed by Justice M.G. Priyadarshini in an appeal by a brother against his sister after a partition suit was decreed in her favour. The brother had relied upon a will alleged to have been executed...

Advocate Commissioner Can Be Appointed In Suit For Perpetual Injunction, His Report Open To Objections Including Cross Examination: Telangana HC

The Telangana High Court has upheld the order of an appellant authority to appoint an Advocate Commissioner in a suit for perpetual injunction to localize the suit property and iterated that a commissioner report is subject to objections, including cross-examination.The Bench of Justice M.G. Priyadarshini has passed the order in a couple of Civil Revision Petitions challenging a common...

MP HC Judge Requests Transfer As Son Practises In Same Court; Supreme Court Collegium Proposes Transfer To Telangana HC

In the latest development, the Supreme Court's collegium has agreed to the request of Justice Sujoy Paul of Madhya Pradesh High Court regarding his transfer to a different Court. The request was made on 12th February on the ground that his son is practicing in the same High Court. Consequently, the Supreme Court released the notification yesterday (February 13th),...

Supreme Court Collegium Accepts Justice Moushumi Bhattacharya's Transfer Request; Proposes Her Transfer From Calcutta HC To Telangana HC

In a significant development, the Supreme Court's collegium has agreed to the request of Justice Moushumi Bhattacharya of Calcutta High Court regarding her transfer to a different Court. The transfer was sought for personal reasons. As per the notification released yesterday (on February 13th), Justice Bhattacharya has now been transferred to the High Court of...

Telangana High Court To Decide Whether Execution Petition Of Arbitral Award Can Be Filed Before Any Court

Telangana High Court to decide whether execution petition of an arbitration award can be filed before any Court? Or whether only the court where the application under section 34 was already filed has jurisdiction to deal with subsequent applications including application for enforcement of an award? The question arose in a Civil Revision Petition filed by Pipeline Infrastructure...