Telangana High Court Declines Habeas Corpus Plea To Secure Presence Of Allegedly Adopted Child, Says Adoption Procedure Was Illegal

The Telangana High Court has declined to interfere with the action of the Child Welfare Committee and District Child Protection Unit in taking away the custody of an adopted child residing with the petitioner, holding that the adoption process was illegal. The Division Bench of Justice Moushmi Bhattacharya and Justice Gadi Praveen Kumar has further held that a petition for habeas...

Telangana High Court Directs 'No Adverse Action' Against BRS Leaders KCR, T Harish Rao Over Alleged Irregularities In Kaleshwaram Project

The Telangana High Court in its interim order directed "no adverse action" be taken against former Chief Minister and BRS Chief K Chandrashekhar Rao (KCR) and party leader T. Harish Rao based on the findings of Inquiry Commission Report on alleged irregularities in the Kaleshwaram project, till the next date of hearing. For context, the Kaleshwaram project is an irrigation project on the...

Pre-Deposit U/S 21 Of RDB Act Should Be Waived For Non-Substantive Appeals: Telangana High Court

The Telangana High Court has distinguished between substantive Appeal and procedural appeal under the Recovery of Debts and Bankruptcy Act, 1993 and held that, when a procedural appeal is made under section 21, the pre-deposit of 25%/50% as stipulated under section 21 would be waived off, if the appeal was non-substantive.“The appeal filed by the petitioner before the DRAT is not a...

Accused Being 'Absconding' Not Enough To Issue Non-Bailable Warrant At Stage Of Summons Without Proving Urgency: Telangana High Court

The Telangana High Court has reiterated that a non-bailable warrant cannot be issued against an accused at the stage of summons, merely because he was listed as 'absconding' without demonstrating an urgent requirement.Referring to guidelines issued by Supreme Court in Satender Kumar Antil v. CBI (2022), Justice N. Tukaramji in his order further noted that no notice of appearance under...

Telangana High Court Deprecates 'One-Sided Mud Slinging' By Lawyers, Litigants; Says Judges Can't Present Their Side Of Story

The Telangana High Court has accepted the apology tendered by three persons including two lawyers, who had sought to transfer a matter listed before a single judge alleging bias and non-hearing of the petitioner's counsel. While accepting the apologies, the high court, remarked upon casting of aspersions against a judge when the latter does not have a platform to present their side of...

Non-Signatory Must Have Live & Proximate Connection To Arbitration Agreement For Being Pulled Into Proceedings U/S 9 Of A&C Act: Telangana HC

The Telangana High Court Division Bench comprising of Justice Moushumi Bhattacharya and Justice B.R. Madhusudhan Rao has observed that for being pulled into the proceedings u/s 9 of the Arbitration & Conciliation Act, a non-signatory must have a live and proximate connection to arbitration agreement. The bench observed that the law has pushed the boundaries to pull in non-signatories...

Telangana High Court Directs Take Down Of Inquiry Report On Alleged Irregularities In Kaleshwaram Project From Govt Website

The Telangana High Court on Friday (August 22) directed removal of Commission of Inquiry report on alleged irregularities into Kaleshwaram Project from the official government website if already uploaded.For context the Kaleshwaram project is an irrigation project on the Godavari river.During the hearing today, the state government gave an assuarance that it shall not act on the findings in...

Caste-Based Insults Between Husband & Wife Not An Offence Under SC/ST Act Unless Witnessed By Public: Telangana High Court

The Telangana High Court has reiterated that provisions 3(1)(r) and 3(1)(s) of the SC/ST (Prevention Of Atrocities) Act, would apply only when the incident either occurred in a public place or was witnessed by at least one independent witness.The order was passed by Justice E.V. Venugopal in a petition to quash criminal proceedings against the petitioner, who had allegedly insulted her...

Telangana High Court Rejects Woman's ₹90 Lakh Alimony Claim, Disbelieves Allegations Of Husband's Impotency After 5 Yrs Of Marriage

The Telangana High Court dismissed a woman's appeal seeking divorce claiming 'marriage fraud', after noting that she was unable to prove the allegation that her husband was impotent at the time of marriage and had concealed his medical condition before marriage.The court observed that if the wife never informed her parents, in-laws about her husband's alleged impotency and inability to...

Order 18 Rule 1 CPC | Landlord Seeking Eviction Of Tenant For Default In Payment Of Rent Must Lead Evidence First: Telangana High Court

While adjudicating a rent control dispute where the landlord had sought eviction of the tenant for defaulting in payment of rent, the Telangana High Court said that in such a situation it is the landlord who must always lead evidence first. In doing so the high court dismissed three petitions filed by petitioner-landlord, seeking to shift the burden of leading evidence onto his tenants...

HUF Cannot Be Prosecuted After Death Of Karta: Telangana High Court Abates Proceedings Against Late Ramoji Rao In RBI Act Violation Case

The Telangana High Court has quashed criminal proceedings against late Ch. Ramoji Rao (petitioner 2) on the grounds that criminal proceedings— which involved allegations of receiving deposits from the public in violation of Section 45S of the Reserve Bank of India Act and failure to repay them within the prescribed period, stood abated following his death, as he was the sole Karta of the...

'Locality' Under Education Act Not District, State Entitled To Treat Different Localities In A District Independently: Telangana High Court

The Telangana High Court has held that district cannot be treated as a locality under Section 20(3) of the Telangana Education Act mandating permission needed by educational institutions for establishment, noting that lawmakers did not use the word 'District' and had instead used the word 'locality'.The court thus said that while locality is not defined, however generally the state is entitled...