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...

Telangana High Court Grants Bail To Former Karnataka Tourism Minister Gali Janardhan Reddy In Obulapuram Mining Scam Case

The Telangana High Court has granted bail to the Former Tourism and Infrastructure Minister of Karnataka, Gali Janardhan Reddy, serving as an MLA in connection with the Obulapuram Mining scam.Reddy, the Director of Obulapuram Mining Company Pvt Ltd Bellary, along with other accused, had been convicted for 7 years by the CBI court for illegal mining in the Bellary Forest and on accusations...

Telangana High Court Quashes Gag Order Barring The News Minute From Reporting Private Firm's Alleged Role In IAS Officer's Daughter's Wedding

Telangana High Court quashed a 2022 ex-parte interim order passed by a local court, restraining various entities including Bengaluru based online news platform 'The News Minutes', from publishing content on the alleged involvement of Megha Engineering and Infrastructures Ltd in clearing bills for the wedding of a senior IAS officer's daughter. The court passed the order in appeals filed...

Open Terrace/Portico Excluded While Computing Built-Up Area To Determine Eligibility For Deduction U/S 80-IB Of IT Act: Telangana High Court

The Telangana High Court stated that open terrace/portico excluded while computing build-up area for determining eligibility for deduction under section 80-IB of Income Tax Act. The Bench consists of Justices P. Sam Koshy and Narsing Rao Nandikonda was addressing the issue of whether the terrace / balcony that is in the form of open to sky or portico / porch area without walls...

Telangana High Court Quashes Case Against Teacher For Playing 'Game Of Betting', Notes Act Didn't Occur In Public Place

The Telangana High Court dismissed a case registered against a private teacher for playing a card game involving betting under the state Gaming Act 2017, after noting that the alleged act did not take place on a public street as required under the provisions of the act. Under Section 9(1) of the TS Gaming Act, whoever is found gaming or reasonably suspected to be gaming in any public street...

Limitation Act Applies To Proceedings Under Interest On Delayed Payments To Small Scale & Ancillary Industrial Undertakings Act: Telangana High Court

The Telangana High Court bench of Justice P. Sam Koshy and Justice N. Tukaramji have held that the provisions of the Limitation Act, 1963 are applicable to proceedings initiated under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993. The Court clarified that the overriding effect under Section 10 of the 1993 Act applies only to the express...