S.6 PMLA | Adjudicating Authority May Be Comprised Of Members Without Legal Experience, Doesn't Carry Out Functions Of Court: Telangana HC

The Telangana High Court has held that the 'adjudicating authority' constituted under section 6 of the Prevention of Money Laundering Act, 2002 (PMLA) can be a body consisting of a single individual who need not have experience in the field of law.The Division Bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti passed the order in a plea filed by the Directorate of Enforcement...

Mere Negotiations Do Not Delay Cause Of Action For Purpose Of Limitation, Telangana High Court Dismisses Application For Appointment Of Arbitrator

The Telangana High Court single bench comprising Justice CV Bhaskar Reddy held that the mere exchange of communications or settlement discussions between the parties does not extend the period of limitation for issuing a notice of arbitration. The bench held that mere negotiations do not delay the cause of action for the purpose of limitation. Brief Facts: Athelli...

Telangana HC Quashes Forgery Case For Fabricating Loan Documents Upon Noting That Although Prima Facie Case Was Established, Loan Amount Had Already Been Repaid

The Telangana High Court has quashed a criminal case against M/s Achyutha Electrical and Industrial Private Ltd on account of the loan availed by it based on fabricated documents from Andhra Bank, holding that although the loan was sanctioned based on fabricated documents, the amount was repaid before the issuance of any proceedings or notice.“No doubt, fabricated documents were produced...

No Capacity To Do Official Favor After Chargesheet Has Been Filed: Telangana HC Quashes Case Against Sub-Inspector For Allegedly Demanding Bribe

Telangana High Court has quashed an FIR against a sub-inspector accused of accepting a bribe to not implicate the father of the accused in a kidnapping case. Court held that once a charge sheet was filed, the police official becomes functus officio (one who holds no further official authority) and is not in a position to extend an official favor thus creating doubt regarding the genuineness...

GST Payable On Transfer Of Land Development Rights Under Joint Development Agreement: Telangana High Court

The Telangana High Court has held that Goods and Service Tax (GST) is payable on the transfer of land development rights under a joint development agreement (JDA).The bench of Justice P. Sam Koshy and Justice Laxmi Narayana Alishetty has dismissed the writ petition filed by the real estate developer assailing the imposition of GST on the transfer of land development rights (TDR) on JDA...

High Court Imposes Exemplary Cost On Plea Against Telangana's Power Distribution Company For Suppression Of Material Facts

The Telangana High Court has dismissed a writ petition filed against the Telangana State Southern Power Distribution Company Limited with exemplary costs of 1 lakh, on finding the petitioner guilty of suppressing material facts.The order was passed by Justice Nagesh Bheemapaka in a Writ petition filed in 2022, challenging the actions of TSSPDCL in the alleged unlawful acquiring of the property...

[Telangana Municipalities Act] No Inconsistencies Between 1965 & 2019 Acts: High Court Upholds No-Confidence Motion Against Municipality Chairpersons/Vice-Chairpersons

The Telangana High Court has held that even though the Telangana Municipalities Act 2019, which replaced the 1965 Act, omitted some provisions on procedure, its legislative intent was self-evident in the creation of a provision providing for a no-confidence motion under Section 299, which, in the absence of contrary legislative intent cannot be labelled a statutory inconsistency between the...

Limitation Period For Arbitration Decided By Arbitral Tribunals, Not By Courts: Telangana High Court Allows Section 11(6)(a) Application

The Telangana High Court bench comprising Justice C.V. Bhaskar Reddy held that the question of whether a claim is barred by limitation time is to be decided by the Arbitral Tribunal/Arbitrator under Section 20 of the Arbitration and Conciliation Act, 1996. Further, the bench noted that the scope of Section 11(6) in conjunction with Section 11(9) is confined to the appointment...

Lawyers Filing PILs Need To Show Antecedents, Merely Being A Lawyer Not Enough: Telangana High Court

The Telangana High Court on Thursday dismissreiterated that merely being a lawyer will not suffice and a petitioner in a public interest litigation must file his/her antecedents. "You need to give your credentials. Merely being an advocate is not enough, are you really a public spirited person? Are you registered with legal services? Have you taken mediation classes? The problem is that...

Arbitrator Taking A Different View Is Not A Ground To Set Aside Award: Telangana High Court

The Telangana High Court bench comprising Justice M.G. Priyadarsini held that the scope of setting aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1986 is very limited and can only be set aside if there is an error apparent on the face of the record and there is perversity in the award. Further, it held that the courts should not interfere with the...

Plea In Telangana High Court Challenges Free Transportation For Women & Transgenders On TSRTC Buses As Violative Of Constitutional Principles

A plea has been moved before the Telangana High Court challenging a Government Order passed by the State, providing free travel on public transport exclusively to females, including transgenders, throughout the Telangana state in Telangana Road Transport Corporation utilities as ultra vires of the Road Trasport Corporation Act, 1950 and violative of Article 15 of the Constitution.The petition...

Wife's Refusal To Return Home With Husband Provoked Him, Murder Not Premeditated: Telangana High Court Modifies Conviction U/S 302 IPC

The Telangana High Court has modified an order of the trial court convicting a man for murder of his wife to that of Culpable Homicide not amounting to murder holding that 'intent' and 'knowledge' should not be used interchangeably and the court must determine whether the accused intended to take the life of an individual with his/her acts."No doubt deceased died due to the injury caused by...