Andhra Pradesh & Telangana High Court Weekly Round-Up: 17 June - 24 June, 2024

Nominal IndexChandrakanth Siddharth Kamble vs. State of TS 2024 LiveLaw (TS) 99THE STATE OF A.P. vs SYED JAHANGIR AND 8 OTHERS 2024 LiveLaw (TS) 100Kothapally Mahesh A6 vs. State of Telangana 2024 LiveLaw (TS) 101 X v. X 2024 LiveLaw (TS) 102Sri Sai Krishna Constructions vs Harvins Constructions Plimited 2024 LiveLaw (TS)103National Small Industries Corporation vs Brahma Teja Paper Products 2024 LiveLaw (TS)104Smt. Syeda Sana Sumera And Ors Vs Kamran Mirza And Ors 2024 LiveLaw (TS) 105 M/s Aditya Institute Of Technology And Management Versus The State Of Andhra Pradesh 2024 LiveLaw (AP)47Judgements/ordersPreventive Detention Routinely Invoked In Telangana Despite SC Directions, Regrettable: High CourtChandrakanth Siddharth Kamble vs. State of TS 2024 LiveLaw (TS) 99The Telangana High Court has set aside the detention and subsequent proclamation order against a garment merchant from Maharashtra observing that bail was already granted to the accused in the two cases based on which, the detention order was passed, and the State is free to seek cancellation of bail if conditions are violated.“It is regrettable that despite the directives of the Apex Court and this Court, preventive detention continues to be routinely invoked by the authorities in the State of Telangana. As stated supra, preventive detention should only be used in the most exceptional circumstances. It is only when an individual's actions have the potential to affect Public Order that preventive detention may be warranted. This Court has observed on numerous occasions that authorities often fail to differentiate between actions that impact Law and Order and those that impact Public Order. Therefore, it is imperative that the officers responsible for issuing detention orders are properly educated about the severe nature of preventive detention. Additionally, it is expected that authorities will accurately distinguish between situations involving Law and Order and those involving Public Order before ordering detention.”Telangana High Court Overturns Acquittal In 2010 'Family Murder Case', Says Deposition Of 'Pardanashin' Lady Can't Be Discredited THE STATE OF A.P. vs SYED JAHANGIR AND 8 OTHERS 2024 LiveLaw (TS) 100The Telangana High Court has overturned the acquittal and sentenced the accused to life in prison for murder in 'the family murder case'. The Court held that the deposition of a 'pardanashin' lady, could not be discredited merely on the ground of her being a pardanashin.The order was passed by a Division Bench of Justice K. Lakshman and Justice Juvvadi Sridevi in a Criminal Appeal filed by the State challenging the acquittal of 9 accused alleged to have planned and executed the murder of an entire family of 5 members.'No Obstruction': Telangana HC Quashes Proceedings Against TVV Members For Raising Slogans For Release Of Prof GN Sai Baba, Varavara RaoKothapally Mahesh A6 vs. State of Telangana 2024 LiveLaw (TS) 101The Telangana High Court has upheld the right of an individual to raise slogans in a public space, without prior sanction, albeit in a peaceful and orderly manner, without using offensive language. The Court said:“The contention of petitioners is that they never participated in the protest and also relied on the judgment of Anita Thakur's case, wherein the Hon'ble Supreme Court observed that Article 19(1)(a) confers freedom of speech to the citizens of this country and, thus, this provision ensures that the petitioners could raise slogan, albeit in a peaceful and orderly manner, without using offensive language. In the present case, there are no allegations that these petitioners used offensive language and there is no evidence to show that due to unlawful assembly, nuisance is caused to the public and that they have obstructed free flow of traffic or obstructed the public or the authorities from discharging their duties. Hence, continuation of proceedings against these petitioners is not tenable and the same is liable to be quashed.”Irretrievable Breakdown Of Marriage Not A Ground For Granting Divorce U/S 13 Of Hindu Marriage Act: Telangana High Court X v. X 2024 LiveLaw (TS) 102The Telangana High Court has held that even though there is no possibility of two individuals living together and there is an 'irretrievable breakdown of marriage', divorce cannot be granted under section 13 of the Hindu Marriage Act, citing the said reason. The Court stated:“…the appellant contended that the appellant and the respondent are staying separately since last 17 years and their marriage is it retrievably breakdown, there is no possibility of living together. But the said ground of irretrievable breakdown of marriage is not a ground to seek divorce. Neither, the Family Court nor this Court can grant divorce on the said ground. The said aspect can be considered while coming to a conclusion with regard to alleged cruelty.”Court Under Section 11(6) Must Determine Existence And Validity Of Arbitration Agreement: Telangana High CourtSri Sai...

Andhra Pradesh & Telangana High Court Weekly Round-Up: 17 June - 24 June, 2024

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