Civil Court Decrees Over Scheduled Areas Post 1972 Null & Void, Claims Must Be Freshly Examined By Agency Courts: Telangana High Court

The Telangana High Court has clarified that Civil Courts do not have jurisdiction to function in Scheduled Areas and all orders or decrees passed by a Civil Court within a Scheduled Area after the year 1972, would stand null and void. Consequently, it was held that no execution petition arising from such an order or decree could be decided by any forum. In allowing the revision plea, a...

Telangana High Court Issues Notice To State In Plea For Establishment Of At Least One Old Age Home In Each District

The Telangana High Court has taken up a Public Interest Litigation for the construction of at least one old age home in a district. The Division Bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti admitted the PIL based on a letter addressed to the Court and issued notice to the State. The letter stated that as per Section 19 of the Maintenance and Welfare of Parents and...

Telangana High Court Upholds An Arbitral Award Directing Pulling Down Of A Building Incapable Of Human Habitation

The High Court of Telangana has upheld an arbitral award passed by a sole arbitrator wherein the arbitrator directed the pulling down/demolition of the subject building after observing that it was no longer capable to have human habitation. The bench of Chief Justice Alok Aradhe and Justice N. Tukaramji held that the tribunal rightly directed the pulling down of the subject property...

Telangana High Court Constitutes Special Bench For Expeditious Disposal Of Criminal Cases Pending Against MPs, MLAs

The Telangana High Court has constituted a Special Bench and taken up suo-motu proceedings in compliance of Supreme Court orders to designate courts for expeditious trial of criminal cases pending against MPs & MLAs.“ln pursuance of the aforesaid guidelines, this Special Bench has been constituted and we direct the Registry to register this writ petition as "ln Re: designated courts...

Company That's Not Defamed Itself Can't Espouse Employees' Cause To File Private Complaint For Defamation: Telangana High Court

The Telangana High Court has quashed a defamation complaint holding that it was not for the company to file the complaint based on aspersions cast against its employees.The remarks in question, the court said, were against specific employees of the company and did not amount to defamation of the company itself.“Specifically making aspersions against individuals in a company and accusing...

NDMA Guidelines: Telangana High Court Seeks State's Response On Safety Measures At Govt Schools, Colleges

Telangana High Court has granted 4 weeks time to the State to file a compliance report in a PIL questioning its inaction in implementing the National Disaster Management Authority Guidelines 2016, inasmuch as providing fire and structural safety for government schools and junior colleges.“The learned counsels for the respondents pray for and are granted four weeks’ time to enable them to...

Hookah Parlours Can Run Subject To Municipality License, Inspection By Police For Compliance: Telangana High Court

The Telangana High Court has held that a hookah shop will require separate and specific permissions from the City Police and Municipal Department to run and cannot function on the basis of having a hotel/restaurant license."A conjoint reading of Section 6 read with Section 4 of COTP Act clearly indicate smoking of tobacco in any form is prohibited in public places like Hotels, Restaurants...

Telangana High Court Sets Aside An Order Of The District Court Under Section 34 Of The A&C Act For Modifying An Arbitral Award

The High Court of Telangana has set aside an order of the District Court passed under Section 34 of the A&C Act by which the Ld. Additional Chief Judge, City Civil Court, Hyderabad had modified an arbitral award. The bench of Justice M.G. Priyadarsini held that the Ld. Court committed an irregularity in modifying the amount of compensation awarded by the arbitrator. It held that...

Telangana High Court Quashes Centre's Order Directing Telangana Govt To Pay Power Dues To Andhra Pradesh Govt

The Telangana High Court has quashed an order passed by Union of India u/s 92 of Andhra Pradesh Reorganization Act, 2014, whereby Telangana government was directed to pay dues of over 6000 crores to Andhra Pradesh government, holding that the same was passed without following principles of natural justice. “On plain reading of Section 92 of the 2014 Act, it is axiomatic that it does not...

Telangana High Court Sustains Rape Abettor's Detention As 'Sexual Offender'; Says It Caused Panic Among Women Folk, Disturbed Public Order

The Telangana High Court has upheld the detention order of an accomplice to rape of a 60-year-old woman, owing to the disturbing impact it had on public order, especially amongst women.“..The detenu and his associate committed the offence of rape on the victim in broad day light and thus resulted in creation of fear and panic in the minds of general public, particularly women folk. The...

Mutually Destructive Pleas No Ground To Reject Plaint Under Order 7 Rule 11 CPC: Telangana High Court

The Telangana High Court has held that a plaint cannot be rejected on the ground that inconsistent and mutually destructive pleas were sought."Therefore, the contention that adverse possession cannot be claimed on the basis of an agreement of sale, since they are inconsistent or mutually destructive pleas, cannot be a ground to reject the plaint under Order 7 Rule 11 (a) of the Code. The...

Telangana HC Reduces Sentence Of POCSO Accused, Says Minor's Understanding Of Rape Must Be Considered Before Relying On Sole Testimony For Conviction

The Telangana High Court while modifying a rape conviction under the POCSO Act, based on the sole testimony of a minor, held that it is imperative for Courts to ascertain whether a minor fully understands the meaning of ‘rape’ before accepting her testimony as sole grounds for conviction. In partly allowing the appeal while modifying the accused's conviction and sentence under Section 6...