Court Can Appoint New Arbitrator U/S 11(6) Of Arbitration Act If Designated Arbitral Institution No Longer Exists: Telangana HC

The Telangana High Court bench of Justice K Lakshman has held that even if the designated arbitral institution named in the arbitration agreement no longer exists, the Court can still appoint a new arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) provided the intention to arbitrate is clearly evident from the arbitration...

S.47 Of CPC Cannot Be Used As An Alternative To S.37 Of A&C Act For Unsettling Arbitration Award: Telangana HC

The Telangana High Court has clarified that section 47 of the CPC, which permits objections to be raised in an execution petition before the Trial Court; cannot be used as an alternative to challenge an arbitration award, which is being executed before a Trial Court.The Division Bench of Justice Moushumi Bhattacharya and Justice B.R. Madhusudhan Rao, while passing the order made it clear that...

Telangana HC Suspends Rustication Of BITS Pilani Student Over Sexual Harassment Allegations Citing Non-Compliance Of UGC Regulations By ICC

The Telangana High Court has temporarily suspended an order rusticating a second-year female student of BITS Pilani, after noting that it was passed without following the provisions of the UGC (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational lnstitutions) Regulations, 2015. For context, Regulation 8 mandates that a copy of...

Telangana High Court Judge Justice MG Priyadarsini Passes Away

Justice Maturi Girija Priyadarsini, sitting judge of the Telangana High Court, passed away on Sunday morning. Enrolled as an advocate in the year, 1995, Justice Priyadarshini was elevated to the post of a High Court Judge in 2022 from the judicial service.She served as a District Judge from 2016-2022. Her mortal remains have been kept in Hyderabad, and the last rites will be held on...

Telangana HC Acquits Rape Accused Citing “Grand Failure” Of Investigation, Suggests Performance Evaluation System For Cops

In a case pertaining to the alleged rape of a woman, the Telangana High Court has acquitted the appellant and criticised the investigative process citing procedural lapses and failure to maintain evidentiary standards, especially concerning scientific evidences. The bench comprising of Justices P.Sam Koshy and N. Tukaramji stated that there was negligent handling of medical evidence from...

Telangana High Court Declines Anticipatory Bail To Ex-Special Intelligence Bureau Chief In Phone Tapping Case

The Telangana High Court on Friday (May 2) dismissed the anticipatory bail plea moved by former Special Intelligence Bureau Chief T Prabhakar Rao in an alleged case of phone tapping of politicians and high court judges in the previous government led by BRS.Justice J Sreenivas Rao while pronouncing the order said, "Criminal Petition seeking anticipatory bail is dismissed. IA filed seeking...

Centre Notifies Transfer Of Two Telangana High Court Judges

The Central Government on Thursday (May 1) notified the transfer of Telangana High Court Justices P Sree Sudha and K Surender to Karnataka and Madras High Courts respectively. The notification issued by the Union Law Ministry with respect Justice P Sree Sudha's transfer states:"In exercise of the power conferred by clause (1) of Article 222 of the Constitution of India, the President,...

Telangana HC Sets Aside Order For Retrial Of Murder Accused Without Challenge To Acquittal, Says It Violated Constitutional Guarantee

A division bench of the Telangana High Court has set aside the order passed by a Single Judge, directing a re-trial of an accused, who was acquitted of murder charges without there being any challenge to the acquittal order.Justice Moushumi Bhattacharya and Justice B.R. Madhusudhan Rao passed the order in a criminal appeal, challenging the order passed by the District and Sessions Court,...

Phone Tapping Case | Telangana High Court Reserves Verdict On Anticipatory Bail Plea Of Ex-Special Intelligence Bureau Chief

The Telangana High Court on Wednesday (April 30) reserved its verdict on an anticipatory bail plea moved by former Special Intelligence Bureau Chief T Prabhakar Rao in an alleged case of phone tapping of politicians and high court judges in the previous government led by BRS.After hearing all the parties, Justice J Sreenivas Rao said, "Heard both sides. For orders and judgments". Senior...

Compensation Can Be Granted When Aggrieved Party Continues Service Due To Suppression Of Fact Of Contract's Termination: Telangana HC

The Telangana High Court bench of Justices Moushumi Bhattacharya and B.R.Madhusudhan Rao has held that loss of profit incurred by a party due to the other party's suppression of material facts regarding the termination of the contract, where the former continued to render services under a mistaken belief, can be reasonably compensated by applying the Hudson formula. Brief...

'Mastermind' Behind Phone Tapping Case: State Opposes Ex-Special Intelligence Bureau Chief's Anticipatory Bail Plea In Telangana HC

Opposing anticipatory bail plea of former Special Intelligence Bureau Chief T Prabhakar Rao in an alleged case of phone tapping of politicians and high court judges in the previous government led by BRS, Telangana police told the High Court on Tuesday that Rao was the mastermind behind the alleged illegal surveillance.During the hearing senior advocate Sidharth Luthra appearing for the...

Self-Induced Frustration Amounts To Breach Of Contract, Promisor Obligated To Disclose Inability To Perform Entire Agreement: Telangana HC

Observing that self-induced frustration of a contract would also amount to its breach, the Telangana High Court underscored that the promisor is obligated to communicate to the promisee on closure of contract at the relevant time being privy to it, and a non-disclosure amounts to disablement of performance under Section 39 of Contract Act. A division bench of Justice Moushumi Bhattacharya...