Revisional Court Cannot Set Aside Findings Of Facts Recorded By Lower Court And Substitute Its Own Findings: Telangana High Court
1 year, 9 months ago

Revisional Court Cannot Set Aside Findings Of Facts Recorded By Lower Court And Substitute Its Own Findings: Telangana High Court

Live Law  

The Telangana High Court on Monday reiterated that the revisional Court has no jurisdiction to set aside the findings of facts recorded by a subordinate Court and substitute its own findings. The bench was hearing a criminal revision case filed by the petitioner-husband challenging the order of the Family Court which enhanced the maintenance amount on a petition filed filed by his wife and minor children in 2018 under Section 127 CrPC. The family court enhanced the maintenance ordered in 2010, from Rs.5,000/- to Rs.10,000/- per month to the respondent wife and Rs.5,000/- per month each to two respondents minor children. The counsel for petitioner husband argued that he has entered into a settlement before Lok Adalat and it was agreed by the respondent wife that the petitioner will pay Rs.5000/- to respondent wife and each minor children and there is no change of circumstances to enhance the amount therefore the family court erred in altering the maintenance.

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Supreme Court Annual Digest 2024 - Constitution Of India
3 days, 13 hours ago

Supreme Court Annual Digest 2024 - Constitution Of India

Live Law  

Constitution of India Article 8 - The Court clarified that when a person acquires a foreign citizenship, the cessation of Indian citizenship happens by operation of law by virtue of Section 9 of the Citizenship Act. Rekha Sharma v. High Court of Rajasthan, 2024 LiveLaw 592 : AIR 2024 SC 4241 Article 14, 19, 21, 48A & 51A – Fundamental …

Telangana High Court Annual Digest 2024 [PART I]
3 weeks, 1 day ago

Telangana High Court Annual Digest 2024 [PART I]

Live Law  

Citations: 2024 LiveLaw 01 To 2024 LiveLaw 111 498A IPC | Magistrate Can't Take Cognizance Merely On Superintendent's Note If Accused Given Clean Chit In Chargesheet: Telangana HC Gangadhara Manoj and 3 others vs. State of TS Citation: 2024 LiveLaw 01 The Telangana High Court has held that a Magistrate cannot take cognizance against those accused, against whom a chargesheet …

Telangana HC Orders Disciplinary Action Against Revenue Officials For Altering Land Entries In Private Party's Favour Despite Status Quo Order
1 month ago

Telangana HC Orders Disciplinary Action Against Revenue Officials For Altering Land Entries In Private Party's Favour Despite Status Quo Order

Live Law  

The Telangana High Court has directed the State to take disciplinary action against revenue officials for altering revenue records and issuing a pattedar-passbook in favour of a respondent third party despite subsisting status quo orders which had been issued earlier. Therefore, the petitioner sought a direction to respondents to restore the entries in the revenue records in terms of the …

Bench sets aside order on adoption of children in Telangana
1 month, 2 weeks ago

Bench sets aside order on adoption of children in Telangana

New Indian Express  

HYDERABAD: The Telangana High Court has set aside a single judge’s order in a batch of writ petitions concerning the custody and adoption of minor children under the Juvenile Justice Act, 2015. A bench of Chief Justice Alok Aradhe and Justice J Sreenivas Rao emphasised that the statutory provisions under Sections 36, 37, and 38 of the 2015 Act — …

The Complete Supreme Court Annual Digest- 2023 [Part-XVI]
8 months, 1 week ago

The Complete Supreme Court Annual Digest- 2023 [Part-XVI]

Live Law  

Prevention of Dangerous Activities Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act 1986; Section 3 - …

'Fraud & Abuse Of Process Of Law': Telangana High Court Dismisses Appeal For Suppression Of Material Facts, Upholds 25K Costs
1 year, 1 month ago

'Fraud & Abuse Of Process Of Law': Telangana High Court Dismisses Appeal For Suppression Of Material Facts, Upholds 25K Costs

Live Law  

A Division Bench of the Telangana High Court declined to interfere with a dismissal order passed by a single judge, wherein a fine of Rs 25000 was imposed on the petitioner for approaching the Court with unclean hands. In dismissing an appeal against the single judge's order Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti held the following: “If …

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court
1 year, 2 months ago

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court

Live Law  

Madhya Pradesh High Court has reiterated that the scope of revisional jurisdiction wielded by the High Court under Section 401 CrPC is limited and it cannot be put to use for reversing the conclusions reached by the courts below. Adding to this, the single-judge bench of Justice Prem Narayan Singh sitting at Indore also noted that the High Court cannot …

Mother Can't Relinquish Property Rights Of Minor Children Without Proper Documentation: Telangana High Court
1 year, 3 months ago

Mother Can't Relinquish Property Rights Of Minor Children Without Proper Documentation: Telangana High Court

Live Law  

The Telangana High Court has held that a mother cannot legally relinquish the property rights on behalf of her minor children in light of the amendments to the Hindu Succession Act, 2005 which granted daughters equal rights to sons in ancestral property, strengthening their claim to a share in such properties. Justice P. Sree Sudha held that the mother's purported …

[Hindu Marriage Act] Children Born Out Of Void Marriage Can't Claim Share In Joint Family Property: Telangana High Court
1 year, 3 months ago

[Hindu Marriage Act] Children Born Out Of Void Marriage Can't Claim Share In Joint Family Property: Telangana High Court

Live Law  

Editor's Note: On September 1, the Supreme Court in Revanasiddappa vs. Mallikarjun recognized the rights of children born out of invalid marriages in their parents' share in Hindu joint family property. The Telangana High Court on August 28 had held that a child born out of a second marriage, a void marriage under the Hindu Marriage Act, cannot claim share …

Custody Matters Of Minor Children Not To Be Settled By Elders In The House: Telangana High Court
1 year, 3 months ago

Custody Matters Of Minor Children Not To Be Settled By Elders In The House: Telangana High Court

Live Law  

The Telangana High Court on Thursday held that custody disputes of children cannot be settled by elders of the house while reiterating that the welfare of the minor children is of paramount importance in such matters. In the custody matters, welfare of the minor child is the paramount consideration.” The petitioner-mother submitted that she married the respondent in 2014 and …

Probe Your Investigating Officer: HC to Lokayukta
1 year, 4 months ago

Probe Your Investigating Officer: HC to Lokayukta

Deccan Chronicle  

HYDERABAD: A two-judge bench of the Telangana High Court comprising Chief Justice Alok Aaradhe and Justice T. Vinod Kumar on Thursday directed the Lokayukta to look into a complaint against one of its personnel and act in accordance with the law. Mahavir hospital asked to submit details of minimum wages A two-judge bench of the Telangana High Court, comprising Justice …

Telangana High Court quashes TSHRC orders
1 year, 4 months ago

Telangana High Court quashes TSHRC orders

Deccan Chronicle  

HYDERABAD: The TS Human Rights Commission yet again came up for critical judicial scrutiny. The bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar have in the last fortnight allowed multiple writ petitions complaining that the commission had been passing orders on various aspects of life without jurisdiction. The bench set aside yet another SHRC order directing a …

Telangana HC: Adopted child loses right in biological parents' property
1 year, 6 months ago

Telangana HC: Adopted child loses right in biological parents' property

Deccan Chronicle  

Hyderabad: The full bench of the Telangana High Court made it clear that an adopted child would cease to be the coparcener of the family of his or her birth and would forgo interest in their ancestral property. However, the court said, the adopted child would have the right if the partition had taken place in the birth family before …

Telangana HC's Verdicts: Appointments, Desilting, Compensation, and More
1 year, 6 months ago

Telangana HC's Verdicts: Appointments, Desilting, Compensation, and More

Deccan Chronicle  

Reassess Appointment of PSC Members, TS Told Hyderabad: A two-judge bench of the Telangana High Court on Friday remanded a matter pertaining to the appointment of members of TS Public Service Commission. HC allows desilting in River Manair Chief Justice Ujjal Bhuyan and Justice N. Tukaramji of the Telangana High Court on Friday disposed a batch of writ petitions challenging …

11.40 lakh family disputes pending: SC judge
1 year, 9 months ago

11.40 lakh family disputes pending: SC judge

Deccan Chronicle  

HYDERABAD: Supreme Court judge Justice V. Ramasubramanian on Saturday said that over 11.40 lakh family disputes are pending in various courts in the country. The family courts in Hyderabad, which have around 6,000 pending cases, are currently working in the Civil Court Complex. Justice Ramasubramanian said that such a setup is necessary today because the children who are part of …

Kerala High Court Deprecates 'Clever Attempts' Made By Qualified Persons To Establish Less Income In Maintenance Proceedings
2 years ago

Kerala High Court Deprecates 'Clever Attempts' Made By Qualified Persons To Establish Less Income In Maintenance Proceedings

Live Law  

The Kerala High Court on Monday deprecated attempts made by qualified persons to establish less income by producing salary certificates issued from private entrepreneurs, without opportunity to the other side to cross-examine the author of the document, in order to avoid paying maintenance to wife and children. "Clever attempts of qualified persons to establish less income by producing salary certificates …

Disciplinary Authority Can Differ With Findings Recorded By Enquiring Authority Against A Delinquent Employee: Telangana High Court
2 years, 5 months ago

Disciplinary Authority Can Differ With Findings Recorded By Enquiring Authority Against A Delinquent Employee: Telangana High Court

Live Law  

The Telangana High Court recently dismissed a Writ petition filed by a delinquent employee arguing that once the Enquiry Officer had found no materia against him, the Disciplinary Authority cannot differ with the finding of the Enquiry authority. However, without taking into consideration the withdrawal of complaint, given by said account holder, the 2nd respondent vide his letter, placed petitioner …

S.22 SRA | Civil Courts May Grant Ancillary Reliefs To Give Full Effect To Decree For Specific Performance: Telangana High Court
2 years, 6 months ago

S.22 SRA | Civil Courts May Grant Ancillary Reliefs To Give Full Effect To Decree For Specific Performance: Telangana High Court

Live Law  

The Telangana High Court recently upheld an order passed by the Executing Court directing removal of illegal structures raised in the suit schedule property after passing of a decree for specific performance, ordering delivery of possession, in favour of the defendants/ decree holders. It observed that decree for specific performance cannot be frustrated in such manner and that the civil …

High Court seeks Telangana government reply on Errum Manzil
5 years, 6 months ago

High Court seeks Telangana government reply on Errum Manzil

Deccan Chronicle  

Hyderabad: Reminding that civil society has more rights to ask the government or the Cabinet than the judiciary, the Telangana High Court said on Thursday that it cannot go beyond its jurisdiction in directing the government to submit an explanation as to how the Cabinet had taken a decision to demolish the Errum Manzil palace to build the new Assembly …

Deal litigations case-wise, says Telangana HC
5 years, 11 months ago

Deal litigations case-wise, says Telangana HC

Deccan Chronicle  

Hyderabad: The full bench of the Telangana state High Court said that the pending cases of the erstwhile Hyderabad High Court that involved Telangana state and Andhra Pradesh states should be dealt with on a case-wise basis, preferably at the Telangana High Court. Further, all pending contempt cases, writ appeals and review petitions related to the region of Andhra Pradesh …

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