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Telangana High Court: Pre-Deposit Under Section 21 Of RDB Act Inapplicable To Non-Substantive Appeals | Sets Aside DRAT Order Requiring 25% Deposit For Challenge To Ex Parte DRT Proceedings

Telangana High Court: Pre-Deposit Under Section 21 Of RDB Act Inapplicable To Non-Substantive Appeals | Sets Aside DRAT Order Requiring 25% Deposit For Challenge To Ex Parte DRT Proceedings

Isabella Mariam   The High Court of Telengana, Division Bench of Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar delivered a significant ruling concerning the scope of Section 21 of the Recovery of Debts and Bankruptcy Act, 1993. The Bench set aside an order which had directed a party to make a mandatory pre-deposit of twenty-five percent of a debt amount for the purpose of hearing an appeal. The Court held that the ap...

Telangana High Court Dismisses Habeas Corpus Plea | Custody Of Child With Child Welfare Committee Not Illegal Detention | Invalid Adoption Deed Cannot Confer Rights

Telangana High Court Dismisses Habeas Corpus Plea | Custody Of Child With Child Welfare Committee Not Illegal Detention | Invalid Adoption Deed Cannot Confer Rights

Safiya Malik   The High Court of Telengana, Division Bench of Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar dismissed a writ petition seeking custody of a minor child. The Court held that there was no valid adoption in accordance with law and that the child was under the safe custody of the Child Welfare Committee and the Specialised Adoption Agency. The Court concluded that such custody could not be considered...

Telangana High Court | ‘Absconding’ Alone No Ground for NBW at Summons Stage | Non-Bailable Warrants a Last Resort Under BNSS

Telangana High Court | ‘Absconding’ Alone No Ground for NBW at Summons Stage | Non-Bailable Warrants a Last Resort Under BNSS

Sanchayita Lahkar   The High Court of Telangana Single Bench of Justice N. Tukaramji has set aside the order of the Sessions Judge, Hyderabad, which had upheld the issuance of Non-Bailable Warrants (NBWs) by the IV Additional Chief Judicial Magistrate, Hyderabad. The Court directed that the impugned order be recalled and instructed the accused to appear before the trial court to enable recall of the warrants. The Bench clarified th...

Telangana High Court Quashes SC/ST Act Proceedings | Holds Caste-Based Allegations in Matrimonial Discord Not Attracted Without Public View Requirement Under Section 3(1)(r),(s)

Telangana High Court Quashes SC/ST Act Proceedings | Holds Caste-Based Allegations in Matrimonial Discord Not Attracted Without Public View Requirement Under Section 3(1)(r),(s)

Sanchayita Lahkar   The High Court of Telangana Single Bench of Justice E.V. Venugopal allowed a criminal petition and directed that the proceedings pending before the trial court be quashed. The court held that the allegations in the case did not attract the statutory requirements under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015, as the alleged acts were not committed in public view. The final d...

Telangana HC Upholds State’s Discretion On Seat Intake Under Education Act | Locality Not District Is The Test For Educational Needs | Humanitarian Relief Granted To Students Admitted Under Interim Orders

Telangana HC Upholds State’s Discretion On Seat Intake Under Education Act | Locality Not District Is The Test For Educational Needs | Humanitarian Relief Granted To Students Admitted Under Inter...

Isabella Mariam   The Telengana High Court Division Bench of Acting Chief Justice Sujoy Paul and Justice Renuka Yara held that the term "locality" in Section 20 of the Telangana Education Act, 1982, cannot be equated with an entire district, and upheld the decision of the State Government in rejecting additional intake requests for certain engineering colleges. The court dismissed the writ appeals filed by the appellants challengin...

Never Lived Together | Telangana High Court Says No Shared Household No Domestic Relationship | Quashes Domestic Violence Case Against USA-Based Sister-In-Law

Never Lived Together | Telangana High Court Says No Shared Household No Domestic Relationship | Quashes Domestic Violence Case Against USA-Based Sister-In-Law

Sanchayita Lahkar   The High Court of Telangana Single Bench of Justice Juvvadi Sridevi allowed a criminal petition seeking quashing of proceedings under the Protection of Women from Domestic Violence Act, 2005, against a respondent who is the sister-in-law of the complainant and resides abroad. The Court held that the statutory requirements of “domestic relationship” and “shared household” under the Act wer...

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