Telangana High Court Annual Digest 2024 [PART II]

Citations: 2024 LiveLaw (Tel) 112 To 2024 LiveLaw (Tel) 210Burden Under Customs Act To Prove Dutiable/ Prohibited Goods Not Meant For Smuggling Lies On Person Found In Possession: Telangana High CourtShaik Mohammed Sadiq vs The Principal Commissioner of Customs & batchCitation: 2024 LiveLaw (Tel) 111The 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, are seized (Section 123).Telangana HC Rejects Ex-CM Chandrashekhar Rao's Plea Alleging Bias On Retd Judge Commission Inquiring Into Power Procurement During His GovtSri. Kalvakuntla Chandrashekar Rao vs. State of TS.Citation: 2024 LiveLaw (Tel) 112The 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 of power from Chattisgarh, the establishment of the Bhadradri Thermal Power Station (BTPS), and the establishment of the Yadadri Thermal Power Station (YTPS).Recovery Of Bribe Amount In Absence Of 'Demand' Insufficient For Conviction Under Prevention Of Corruption Act: Telangana High Court ReiteratesCitation: 2024 LiveLaw (Tel) 113The 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 Rs. 5,000 from the complainant to fix boundaries in land records.Telangana High Court Orders Action Against Off-Campus Centre Of Malla Reddy University For Being Established Without Prior Sanction Of State Govt, UGCNaveena Educational Society vs. State of TS.Citation: 2024 LiveLaw (Tel) 114The 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 Commission.The order was passed by Justice C.V. Bhaskar Reddy in a plea filed by the Naveena Educational Society and Prathibha Degree College praying for the immediate closure of the Malla Reddy University, Center of Excellence.Absence Of Independent Witnesses Doesn't Warrant Acquittal Of Rape Accused If Survivor's Testimony Reliable: Telangana High CourtShaik Mohammed Khasim @ Khashu vs, State of APCitation: 2024 LiveLaw (Tel) 115The 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 was assaulted and she lost consciousness for some time. In the said circumstances, when it is not the case of the accused that at the time when the alleged assault or dragging the victim into the shop, there were any neighbours or anyone else present, the argument that independent witnesses were not examined by the Police during the investigation, does not hold water. Court cannot assume that people were present and that they were not examined, unless stated by witnesses.”MSMED Act Prevail Over Arbitration Act, Seller Can Approach Facilitation Council Even In Presence Of Arbitration Act: Telangana High CourtM/S. Lignite Power Pvt. Ltd. vs M/S Totale Global Private LtdCitation: 2024 LiveLaw (Tel) 116The 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 its claims.Telangana High Court Allows 12-Yr-Old Rape Victim To Abort Pregnancy Which Was Beyond Legally Permissible Limit Of 24-Weeks Chakali Bhagyamma vs. State Of TelanganaCitation: 2024 LiveLaw (Tel) 117In 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 ...

Telangana High Court Annual Digest 2024 [PART II]

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