When Party Questions Validity Of Draft Agreement Containing Arbitration Clause, Reference Can't Be Sought Based On It: Telangana High Court

The Telangana High Court bench of Sri Justice P. Sam Koshy and Sri Justice N. Tukaramji has held that when a party, in its reply to a Section 8 petition under the Arbitration Act, has expressly denied the existence or validity of the agreements containing the arbitration clause by terming them null and void, such agreements cannot subsequently be relied upon by the same party as the basis...

Muslim Woman's Right To Demand Divorce By 'Khula' Is Absolute, Not Dependant On Husband's Acceptance: Telangana High Court

The Telangana High Court has recently held that the right of a Muslim woman to demand Khula i.e. divorce is an absolute right and is not predicated on the husband's acceptance of this demand. A division bench of Justice Moshumi Bhattacharya and Justice BR Madhusudhan Rao in its order said:"Since the wife's right to demand Khula is absolute and does not have to be predicated on a cause...

High Court Issues Notice On Plea Challenging Telangana Advocates' Clerks Welfare Fund (Amendment) Act 2025 Increasing Cost Of Filing Vakalatnama

The Telangana High Court has issued notice to the State on a plea challenging the constitutional validity of the Telangana Advocates' Clerks Welfare Fund (Amendment) Act 2025. The plea specifically challenges section 12(2) of the amended Act, which has increased the cost of filing Vakalatnama for engaging an Advocate from Rs. 100 to Rs. 250.A division bench of Acting Chief Justice Sujoy Paul...

Repeat Sale Of Spurious Liquor Destabilises Public Order, Grounds For Preventive Detention: Telangana High Court

The Telangana High Court has reiterated that the repeated illegal sale of spurious liquor, classified as 'unfit for human consumption' is a valid ground for passing an order of preventive detention, owing to the last prong of section 2(a) of the Telangana Preventive Detention Act, 1986.The last prong of section 2(a) of the 1986 Act clarifies that 'public order' should be deemed as anything...

When Mandate Of Arbitrator Is Terminated U/S 15 Of Arbitration Act, New Arbitrator Can't Be Appointed By Court U/S 11(6) Of Act: Telangana HC

The Telangana High Court bench of Justice N.V. Shravan Kumar has held that when the mandate of an arbitrator terminates under Section 15 of the Arbitration Act, a substitute arbitrator must be appointed in accordance with the original procedure agreed upon by the parties. In such cases, the court cannot appoint a new arbitrator under Section 11, as the appropriate course is to appoint...

Award-Holder Can't Be Denied Withdrawal Of Amount Deposited Pursuant To Stay Merely Because Award Debtor May Succeed In Appeal: Telangana HC

The Telangana High Court bench of Justice Moushumi Bhattacharya and Justice B.R. Madhusudhan Raohas has held that the award holder can be allowed to withdraw the amount deposited by the award debtor in pursuance of stay on the execution of the award. The award holder cannot be prohibited from withdrawing the amount only on the ground that the award debtor may succeed in the...

In Interconnected Agreements, Use Of Word 'May' Does Not Defeat Clear Intention To Arbitrate In Main Agreement: Telangana High Court

The Telangana High Court bench of Justice K. Lakshman has held that in case of interconnected agreements, where the mother agreement clearly and unequivocally refers the disputes to arbitration, mere use of 'may' in the arbitration clause of one of the ancillary agreements will not defeat the intention to arbitrate. Brief Facts: This application has been filed under section 11(6)...

Whether A Particular Contract Is A Works Contract Under MSME Can't Be Decided Under Writ Jurisdiction: Telangana High Court

The Telangana High Court bench of Justice K. Lakshman has held that the question of whether a particular contract is a works contract or not is for the MSME Council to decide, and the dispute cannot be decided under writ jurisdiction. Brief Facts: This writ petition challenges the order dated 21.12.2024 in Case No. 1292/MSEFC/2021 passed by Respondent No. 2, seeking a declaration...

Telangana High Court Upholds Kothagudem MLA Election, Says Disclosing Spouse Name In Affidavit Not Mandatory

The Telangana High Court has upheld the election of CPI's Kunamneni Sambasiva Rao in 2023, as MLA from the Kothagudem Assembly Constituency, which was challenged on the ground that he failed to disclose his wife's name in Form 26 Affidavit.Justice K Lakshman thus dismissed the Election Petition filed by a resident by relying on Union of India v. Association for Democratic Reforms (2002) where...

Mere Passage Of Time Does Not Bar Arbitration If Arbitration Clause Remains Valid & Enforceable: Telangana High Court

The Telangana High Court bench of Justice K Lakshman has held that mere passage of time does not bar arbitration if the arbitration clause remains valid. The Limitation for the purpose of filing the application under section 11(6) of the Arbitration Act commences from the date when request for initiating arbitration is rejected. Brief Facts: This application has been filed...

When Earlier Appointment Of Arbitrator Is Defective, Court May Appoint New Arbitrator U/S 11 Of Arbitration Act: Telangana High Court

The Telangana High Court bench of Justice K. Lakshman has held that a substitute arbitrator must generally be appointed in the same mode and manner as the original arbitrator. When the appointment of an earlier arbitrator was done under a defective arbitration clause or an unlawful procedure was followed, in such cases a proper recourse is to seek appointment of a new arbitrator...

Telangana High Court Stays Defamation Case Against CM Revanth Reddy Over Alleged Comments On BJP

The Telangana High Court has stayed proceedings before the trial Court, initiated against the Chief Minister of the State A. Revanth Reddy, for statements given on 4th May in a Public Meeting called the "Jana Jatara Sabha".Justice K. Lakshman passed the Order in a Criminal Petition, initiated by the Chief Minister, praying to quash the case against him, lodged under section 499 of the IPC and...