Telangana HC Dismisses Property Purchaser's Appeal, Says Act Done In 'Wilful Disobedience' Of Injunction Order Is Liable To Be Reversed
5 months, 2 weeks ago

Telangana HC Dismisses Property Purchaser's Appeal, Says Act Done In 'Wilful Disobedience' Of Injunction Order Is Liable To Be Reversed

Live Law  

While hearing a matter concerning a property dispute, the Telangana High Court reiterated that an act which is done in violation of an injunction order is invalid and should be undone by the court putting back the parties in the same position as they were before such an order was passed. In reiterating so, the High Court dismissed an appeal filed against a decree for specific performance, and held that the appellant purchased the property in the teeth of the trial court's injunction order which disentitled the party from pursuing any further reliefs. The bench noted that the Supreme Court in Balwantbhai, relied on its 1996 decision in Delhi Development Authority v. Skipper Construction Co. Ltd where it was held that the "legal consequence of an act done in breach of or in violation of an order of injunction should be undone and the parties should be put back to the same position as they were in immediately prior to the order of injunction". Notably, the bench also referred to a 1985 decision delivered by the Chancery Division in Clarke v. Chadburn where it had said that an act done in wilful disobedience of an injunction or Court order is an illegal and invalid act which could not effect any change in the rights and liabilities of others.

Court Order Act Injunction Injunction Order  wilful  reversed  purchasers  property  violation  injunction  bench  telangana  order  hc  v  undone  decision  liable  disobedience  court  act

History of this topic

Anti-Arbitration Suit Giving Short-Shrift To Sec 16 A&C Act Is Hit By Order 7 Rule 11(d) Of CPC: Telangana High Court Reiterates
1 week, 3 days ago

Anti-Arbitration Suit Giving Short-Shrift To Sec 16 A&C Act Is Hit By Order 7 Rule 11(d) Of CPC: Telangana High Court Reiterates

Live Law  

The Telangana High Court has reiterated and clarified that suits initiated before Civil Courts to curb arbitration proceedings ignore section 16 of the Arbitration and Conciliation Act,1996, and deserve to be rejected under Order 7, Rule 11 as being barred by statute. The appellant herein filed an injunction suit before the trial court seeking to stop the Arbitration proceeding initiated …

O 39 R 2A CPC | Even If Injunction Order Was Subsequently Set Aside, Party Remains Liable For Its Prior Violation : Supreme Court
2 weeks, 1 day ago

O 39 R 2A CPC | Even If Injunction Order Was Subsequently Set Aside, Party Remains Liable For Its Prior Violation : Supreme Court

Live Law  

The Supreme Court observed that the subsequent setting aside of an injunction order would not preclude the courts from holding the party guilty of disobedience of the committed during the pendency of the order. The Court's decision was based on the precedent established in the case of Samee Khan v. Bindu Khan 7 SCC 59, where it was held that …

Land Acquisition Act | Right To Receive Compensation Crystalizes Only After Claims Over Dispute On Apportionment Is Decided: Telangana HC
3 weeks, 2 days ago

Land Acquisition Act | Right To Receive Compensation Crystalizes Only After Claims Over Dispute On Apportionment Is Decided: Telangana HC

Live Law  

The Telangana High Court has s that the entitlement to receive compensation under the Land Acquisition Act would crystallize only after the competent court–to whom a reference is made over a dispute as to the apportionment of compensation–decides the rival claims and rules in the claimant's favour. The high court referred to the court's decision in a 2024 writ petition …

Telangana HC orders action over land grab bid
3 weeks, 5 days ago

Telangana HC orders action over land grab bid

Deccan Chronicle  

Hyderabad: A two-judge panel of the Telangana High Court took on file a writ appeal qua alleged encroachment of government land at Indranagar in Gachibowli. The single judge considering the arguments said that authorities were required to firstly protect the government land from being encroached; secondly, by ensuring that no unauthorised and illegal construction comes up therein and thirdly, when …

Karnataka High Court condemns revenue official for not entering civil court’s injunction order in land records
1 month ago

Karnataka High Court condemns revenue official for not entering civil court’s injunction order in land records

The Hindu  

The High Court of Karnataka has directed the Principal Secretary, Revenue Department, to issue necessary instructions to all revenue officers to mandatorily enter the injunction orders passed by the civil courts “not to alienate” lands, and ensure reflection of such orders in the “other rights” column of the revenue records of the land in dispute, to prevent further unnecessary litigations. …

Revenue Officials Refusing To Give Effect To Injunction Order On Premise That They Are Not Party To Suit Condemnable, Defies Logic: Karnataka HC
1 month ago

Revenue Officials Refusing To Give Effect To Injunction Order On Premise That They Are Not Party To Suit Condemnable, Defies Logic: Karnataka HC

Live Law  

The Karnataka High Court has said that Revenue authorities act as custodians of land records and are duty bound to comply with injunction orders passed by the civil court even when they are not a party to the suit. Revenue officials declining to give effect to injunction orders on the premise that they are not parties to the suit defies …

Telangana High Court Annual Digest 2024 [PART II]
1 month, 3 weeks ago

Telangana High Court Annual Digest 2024 [PART II]

Live Law  

Citations: 2024 LiveLaw 112 To 2024 LiveLaw 210 Burden Under Customs Act To Prove Dutiable/ Prohibited Goods Not Meant For Smuggling Lies On Person Found In Possession: Telangana High Court Shaik Mohammed Sadiq vs The Principal Commissioner of Customs & batch Citation: 2024 LiveLaw 111 The Telangana High Court recently upheld the action of Customs officials seizing gold bars worth …

Telangana High Court Closes 66-Years Old Land Dispute On 'Non-Existent Properties'
2 months ago

Telangana High Court Closes 66-Years Old Land Dispute On 'Non-Existent Properties'

Live Law  

The Telangana High Court recently put an end to a long pending dispute regarding the Asman Jahi Estate–belonging to a noble family from the erstwhile State of Hyderabad–after noting that the litigation in respect of non-existent properties had gone on 66 years. “In the instant case, admittedly, there is no material to indicate that the properties mentioned at serial No.230 …

Karnataka High Court Dismisses Plea Of Jayalalithaa's Legal Heirs Seeking Return Of Her Properties Confiscated In DA Case
2 months, 1 week ago

Karnataka High Court Dismisses Plea Of Jayalalithaa's Legal Heirs Seeking Return Of Her Properties Confiscated In DA Case

Live Law  

The Karnataka High Court on Monday dismissed an appeal challenging a trial court filed by the legal heirs of former Tamil Nadu Chief Minister J Jayalalithaa, seeking to release her property/assets seized by the authorities in the disproportionate assets case registered against her in 2004, in their favour. Further, they contended that the assets seized by the prosecuting agency also …

Inaction Not Mere Lethargy But 'Culpable Refusal' To Act Resulting In Actionable Wrong: Telangana HC Adjudges Contractual Dispute U/ Article 226
3 months ago

Inaction Not Mere Lethargy But 'Culpable Refusal' To Act Resulting In Actionable Wrong: Telangana HC Adjudges Contractual Dispute U/ Article 226

Live Law  

Directing the Indian Oil Corporation Ltd to vacate the premises of certain persons for continuing to occupy it despite expiry of the lease, the Telangana High Court pulled up the public sector undertaking for "quietly continuing to squat on the petitioners' land" without having any right is an overt act requiring the court's interference under Article 226. In doing so …

Telangana HC Orders Disciplinary Action Against Revenue Officials For Altering Land Entries In Private Party's Favour Despite Status Quo Order
3 months, 1 week 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 …

Legal Briefs | Govt officers in Telangana face contempt heat in land acquisition case
4 months ago

Legal Briefs | Govt officers in Telangana face contempt heat in land acquisition case

Deccan Chronicle  

HYDERABAD: Justice T. Vinod Kumar of the Telangana High Court initiated contempt proceedings against senior government officials for failure to comply with court orders directing payment of enhanced compensation in a decade-old land acquisition case. Dissatisfied with the initial compensation, petitioner M. Balakrishna Reddy sought a reference under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and …

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC
4 months ago

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC

Live Law  

The Bombay High Court ruled that when the Revenue Dept. Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order, the Division Bench of Justice Ashwin D. Bhobe and Justice M.S Sonak observed that such inordinate delay in the conclusion of show cause notice will surely prejudice …

Court Rules on Jurisdiction of Arbitral Tribunal: Determining Whether Dispute is Arbitrable under Section 16 of the Arbitration and Conciliation Act, 1996
4 months, 2 weeks ago

Court Rules on Jurisdiction of Arbitral Tribunal: Determining Whether Dispute is Arbitrable under Section 16 of the Arbitration and Conciliation Act, 1996

Live Law  

The Telangana High Court Bench of Chief Justice Alok Aradhe affirmed that the Arbitral Tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. However, the issue of limitation is a jurisdictional issue, which would be required to be decided by the arbitrator under Section 16, and not the …

Telangana HC overturns lower court decision on complaint against revenue officials
7 months, 3 weeks ago

Telangana HC overturns lower court decision on complaint against revenue officials

New Indian Express  

HYDERABAD: Justice N Tukaramji of the Telangana High Court has set aside the decision by a lower court rejecting a complaint against revenue officials due to lack of a sanction order. The petitioner, Chappidi Krishna Reddy, had lodged a complaint under Section 200 of the CrPC with the II-Additional Metropolitan Magistrate, Malkajgiri, accusing revenue officials of colluding to manipulate land …

“Wastage Of Court's Valuable Time”: Telangana HC Imposes Fine On Party For Initiating Contempt Proceedings Without Any Evidence To Support Claim
9 months, 3 weeks ago

“Wastage Of Court's Valuable Time”: Telangana HC Imposes Fine On Party For Initiating Contempt Proceedings Without Any Evidence To Support Claim

Live Law  

The Telangana High Court has held that initiating contempt proceedings without sufficient evidence constitutes an abuse of legal process and a waste of court resources. The court reasoned that mere allegations, without substantial proof of violation of a court order, are insufficient to initiate contempt proceedings. “Unless there is a deliberate and wilful violation of the Court orders, contempt proceedings …

The Complete Supreme Court Annual Digest- 2023 [Part-XVI]
10 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 - …

Telangana HC Penalises Collector for Contempt in Land Dispute
10 months, 3 weeks ago

Telangana HC Penalises Collector for Contempt in Land Dispute

Deccan Chronicle  

Hyderabad: The Telangana High Court on Friday came down heavily on the Rangareddy district collector and government counsels for attempting to misguide the court with regard to compliance of its orders. A division bench comprising Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar was dealing with a contempt appeal filed by Harish, then Rangareddy collector. 65 of Khanapur, had …

Poll Panel Assures To Give ‘Nazari Naksha’ to BJP Candidate
1 year ago

Poll Panel Assures To Give ‘Nazari Naksha’ to BJP Candidate

Deccan Chronicle  

Hyderabad: A two-judge panel of the Telangana High Court on Wednesday recorded a statement of the Election Commission that it would give a copy of Nazari Naksha, which would be a map disclosing all households which fall within the boundaries of each polling station and the number of voters in each household to Konda Vishweshwar Reddy, BJP’s Chevella candidate, in …

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court
1 year ago

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that if the appellant does not appear when the appeal is called for hearing it can only be dismissed for non-prosecution and not on merits. A single judge bench of Justice G Basavaraja allowed the appeal filed by Dhanayya and his legal heirs questioning the judgment and decree dated 04.03.2017 passed by the Senior …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Telangana HC rules 185 acres in Sultanpally not jagir land
1 year, 1 month ago

Telangana HC rules 185 acres in Sultanpally not jagir land

Deccan Chronicle  

Hyderabad: A two-judge of the Telangana High Court refused to interfere with the order of a single judge who set aside a government memo issued in 2005 relating to land in Sultanpally of Shamshabad mandal in Rangareddy district. The government contended that “there is no material on record to show that the subject land is a private patta land.” It …

Telangana HC quashes criminal case for want of sanction
1 year, 2 months ago

Telangana HC quashes criminal case for want of sanction

Deccan Chronicle  

The Deputy Commissioner of Central Excise and Service Tax filed a complaint before the special judge for economic offences on charges of evading central excise duty in the guise of trading of modular furniture, falling under the heading 9403 of the First Schedule to the Central Excise Tariff Act, 1985, even after crossing the threshold exemption limit and were liable …

Mere Negotiations Will Not Postpone The Cause Of Action For Appointment Of An Arbitrator: Telangana High Court
1 year, 2 months ago

Mere Negotiations Will Not Postpone The Cause Of Action For Appointment Of An Arbitrator: Telangana High Court

Live Law  

The High Court of Telangana has held that mere negotiations between the parties related to the dispute would not delay the cause of action for the purpose of limitation for the appointment of the arbitrator. Moreover, the invocation of the arbitration is also time barred as the application as been moved after the expiry of the 3 years time period …

Indian Contract Act | Unless Contingency Is Fulfilled, Contingent Agreement To Sale Cannot Be Enforced: Patna High Court
1 year, 2 months ago

Indian Contract Act | Unless Contingency Is Fulfilled, Contingent Agreement To Sale Cannot Be Enforced: Patna High Court

Live Law  

While rejecting an appeal that sought specific performance of a sale agreement, the Patna High Court has observed that a sale agreement with a contingency clause cannot be enforced unless that contingency is fulfilled. The plaintiff-appellants filed the Title Suit for a decree of specific performance of contract on the basis of an agreement for sale executed by 3 defendants …

'Fraud & Abuse Of Process Of Law': Telangana High Court Dismisses Appeal For Suppression Of Material Facts, Upholds 25K Costs
1 year, 3 months 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 …

Telangana High Court Upholds An Arbitral Award Directing Pulling Down Of A Building Incapable Of Human Habitation
1 year, 3 months ago

Telangana High Court Upholds An Arbitral Award Directing Pulling Down Of A Building Incapable Of Human Habitation

Live Law  

The High Court of Telangana has upheld an arbitral award passed by a sole arbitrator wherein the arbitrator directed the pulling down/demolition of the subject building after observing that it was no longer capable to have human habitation. Analysis by the Court The Court criticized the trial court for deeming the arbitrator's award beyond the arbitral proceedings' scope without considering …

Mutually Destructive Pleas No Ground To Reject Plaint Under Order 7 Rule 11 CPC: Telangana High Court
1 year, 3 months ago

Mutually Destructive Pleas No Ground To Reject Plaint Under Order 7 Rule 11 CPC: Telangana High Court

Live Law  

The Telangana High Court has held that a plaint cannot be rejected on the ground that inconsistent and mutually destructive pleas were sought. "Therefore, the contention that adverse possession cannot be claimed on the basis of an agreement of sale, since they are inconsistent or mutually destructive pleas, cannot be a ground to reject the plaint under Order 7 Rule …

Wakf | Judgment Debtor Can't Be Allowed To Take Undue Advantage By Invoking Plea Of Lack Of Jurisdiction At Execution Stage: Supreme Court
1 year, 4 months ago

Wakf | Judgment Debtor Can't Be Allowed To Take Undue Advantage By Invoking Plea Of Lack Of Jurisdiction At Execution Stage: Supreme Court

Live Law  

After a prolonged litigation, the Supreme Court, in a noteworthy judgment, finally granted relief to the owner of a suit property in favour of whom the decree was already granted back in 2002. At the beginning of the judgment, the Court highlighted this unfortunate situation by citing Hon’ble Sir James Colvilbe in General Manager of the Raj Durbhunga v. Maharajah …

Pay up for unauthorised constructions: Telangana HC
1 year, 5 months ago

Pay up for unauthorised constructions: Telangana HC

Deccan Chronicle  

HYDERABAD: A two-judge bench of the Telangana High Court comprising Chief Justice Alok Aradhe and Justice N V Shravan Kumar on Friday dismissed a plea challenging the demand notice of the District Collector towards regularization fee. Harender Prasad, Special Government Pleader contended that if an application is made for regularization of unauthorized construction by encroaches and a sum is deemed …

Mother Can't Relinquish Property Rights Of Minor Children Without Proper Documentation: Telangana High Court
1 year, 5 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 …

Telangana High Court Stays GO Aiming To Regularise Notarized Documents In Relation To Unregistered Sale Of Non-Agricultural Urban Properties
1 year, 5 months ago

Telangana High Court Stays GO Aiming To Regularise Notarized Documents In Relation To Unregistered Sale Of Non-Agricultural Urban Properties

Live Law  

The Telangana High Court has passed interim orders staying a Government Order which aims at regularising notarized documents of non-agricultural urban land sales on the ground of prima facie being beyond the scope of section 9 of the Indian Stamps Act, 1899. "G.O.Ms.No.84 dated 26.07.2023 is prima facie beyond the scope of Section 9 of the Indian Stamp Act, 1899 …

Telangana HC remands Warangal forest land case back to single judge
1 year, 6 months ago

Telangana HC remands Warangal forest land case back to single judge

Deccan Chronicle  

HYDERABAD: A two-judge bench of the Telangana High Court remanded to a single judge a writ petition on whether or not 2,000 acres of land could be claimed to be a forest or not, in Warangal. In 2004, a single judge had allowed a writ plea filed by the divisional forest officer, challenging the action of the authorities in including …

Order XXI CPC | Failure To Raise Objections Before Proclamation Of Sale Not Bar To Challenge An Irregular Sale: Kerala High Court
1 year, 6 months ago

Order XXI CPC | Failure To Raise Objections Before Proclamation Of Sale Not Bar To Challenge An Irregular Sale: Kerala High Court

Live Law  

The Kerala High Court recently laid down that the failure to raise objections before the proclamation of sale as prescribed under Order XXI Rule 90 CPC does not preclude the appellant from challenging the sale if the mandatory procedures under Order XXI Rule 64 were not complied with. Order XXI Rule 64 CPC deals with the power of the court …

Telangana High Court Sets Aside Single Bench Ruling Asking State To Proceed With Acquisition Of Land For Underground Tunnel
1 year, 7 months ago

Telangana High Court Sets Aside Single Bench Ruling Asking State To Proceed With Acquisition Of Land For Underground Tunnel

Live Law  

The Telangana High court has set aside a single judge ruling ordering the State to initiate proceedings for acquisition of a piece of land in Karimnagar district for the purpose of construction of underground tunnel of Pranahitha Chevella Sujala Sravanthi Project Scheme and to pay compensation to the landowner. The division bench of Chief Justice Alok Aradhe and Justice T. …

Telangana High Court Directs Trial Court To Pass Fresh Order On Convict's Claim Of Juvenility In 2004 Rape Case, Over 13 Years After Dismissal Of SLP
1 year, 8 months ago

Telangana High Court Directs Trial Court To Pass Fresh Order On Convict's Claim Of Juvenility In 2004 Rape Case, Over 13 Years After Dismissal Of SLP

Live Law  

More than 13 years after the Supreme Court dismissed the SLP against his conviction in a rape case dating back to 2004, the Telangana High Court has directed the trial court to pass fresh order on the convict's claim of juvenility. The division bench of Justice K Lakshman and Justice Sree Sudha said the trial court shall conduct enquiry in …

HC Summons Senior Officials For Violating Land Row Order
1 year, 8 months ago

HC Summons Senior Officials For Violating Land Row Order

Deccan Chronicle  

HYDERABAD: A division bench of the Telangana High Court, comprising Chief Justice Ujjal Bhuyan and Justice Bollam Vijaysen Reddy, on Monday, summoned GHMC commissioner Lokesh Kumar, the Hyderabad district collector and the land acquisition officer on July 31 for violating court orders in dispossessing Mulgi owners of their properties in Shalibanda, without following the court orders. The High Court had …

Once it terminates proceedings, arbitral tribunal cannot pass orders: High Court
1 year, 10 months ago

Once it terminates proceedings, arbitral tribunal cannot pass orders: High Court

Deccan Chronicle  

Hyderabad: A two-judge bench of the Telangana High Court declared that once an arbitral tribunal terminates proceedings it cannot subsequently pass any orders ‘on such termination and the arbitral tribunal is rendered functus officio’ and has no jurisdiction to continue arbitral proceedings. After detailed hearing of the matter, the bench speaking through Justice Naveen Rao stated that the tribunal erred …

Dispute Between Defendants Regarding Validity Of Sale Deed Can’t Be Considered In Suit For Possession Instituted By Plaintiff: Supreme Court
1 year, 10 months ago

Dispute Between Defendants Regarding Validity Of Sale Deed Can’t Be Considered In Suit For Possession Instituted By Plaintiff: Supreme Court

Live Law  

The Supreme Court bench comprises Justices M.R. Ravikumar has ruled that an inter-se dispute on the validity of the sale deed executed between the defendants in respect of the suit land, cannot be considered in the suit for possession instituted by the plaintiff on the basis of a registered sale deed executed in its favour, as it would amount to …

HC division bench reverts writ petition over ‘faulty’ order by single judge
2 years ago

HC division bench reverts writ petition over ‘faulty’ order by single judge

Deccan Chronicle  

Hyderabad: The division bench of the Telangana High Court, headed by Chief Justice Ujjal Bhuyan, faulted a single-judge order that disposed of a land-related petition without issuing notices or hearing the contentions of related parties. Despite the ownership tussle, the single-judge bench ordered revenue authorities to take necessary action on mutation, following which Ravula Laxmi and Sushruth Reddy filed an …

Supreme Court Quashes Criminal Proceedings As Complainant Availed Civil Remedy ; Clarifies This Order Not to Be Treated As Precedent
2 years, 3 months ago

Supreme Court Quashes Criminal Proceedings As Complainant Availed Civil Remedy ; Clarifies This Order Not to Be Treated As Precedent

Live Law  

The Supreme Court, in an judgment passed yesterday, quashed criminal proceedings against an accused in a cheating case after noticing that the complainant in fact availed civil remedy.The court however clarified that this order in the facts and circumstances of the present case and the same shall not be cited as a precedent.In this case, the complainant alleged that his …

Supreme Court Deprecates HC Practice Of Entertaining Writ Petitions Filed In SARFAESI Matters Without Exhausting Alternative Remedy
2 years, 4 months ago

Supreme Court Deprecates HC Practice Of Entertaining Writ Petitions Filed In SARFAESI Matters Without Exhausting Alternative Remedy

Live Law  

The Supreme Court deprecated the practice of entertaining writ petitions filed in SARFAESI matters without exhausting the alternative statutory remedy.In this case, the Telangana High Court set aside the e-auction sale held by the Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 on. In this context, the bench comprising …

'Litigant Can't Be Expected To Wait Indefinitely For Reasons': Supreme Court Once Again Stresses On Need To Deliver Judgments Soon
2 years, 5 months ago

'Litigant Can't Be Expected To Wait Indefinitely For Reasons': Supreme Court Once Again Stresses On Need To Deliver Judgments Soon

Live Law  

The Supreme Court has once again stressed on the need to immediately deliver judgments by observing that a litigant cannot be expected to wait indefinitely for availability of the reasons for a Court Order.In this case, a party to election petition filed an an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 in the High …

"Defence Forces Meant To Protect Country, Not Conduct Lawlessness" : Supreme Court Deprecates Army Officers Violating Injunction Orders
2 years, 7 months ago

"Defence Forces Meant To Protect Country, Not Conduct Lawlessness" : Supreme Court Deprecates Army Officers Violating Injunction Orders

Live Law  

The Supreme Court on Thursday strongly condemned the conduct of certain officers of the Indian army in Secunderabad for encroaching upon a civilian's property near the Army Quarters and razing down its boundary wall in violation of the injunction orders of a civil court. The Court was considering an appeal filed by the Union Government through the Defence Estates Officers, …

Existence Of Contingent Contract U/S 31 Of Contract Act Is A Dispute To Be Referred To Arbitration: Telangana High Court
2 years, 7 months ago

Existence Of Contingent Contract U/S 31 Of Contract Act Is A Dispute To Be Referred To Arbitration: Telangana High Court

Live Law  

Recently, the Telangana High Court observed that existence of a "Contingent Contract" cannot be decided in the limited jurisdiction of Courts under Section 11 of Arbitration Act. Justice K. Lakshman, placing reliance on Supreme Court decision in Vidya Drolia v. Durga Trading Corporation observed that the scope of interference by the Courts under Section 11 of Arbitration Act is extremely …

Decree Is Ex-Parte In Nature If Defendant Could Not Adduce Evidence After Filing Written Statement: Andhra Pradesh High Court
2 years, 7 months ago

Decree Is Ex-Parte In Nature If Defendant Could Not Adduce Evidence After Filing Written Statement: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently set aside a decree and judgment which was ex-parte in nature as the defendant could not adduce evidence during trial due to ill health. "the impugned decree and judgment are only ex- parte in nature since the evidence of defendant was not adduced in this case and he failed to attend the Court…So there …

Courts Can Exercise Judicial Review In Contractual Matters Only If Malafide/ Arbitrariness Is Shown: Telangana High Court
2 years, 7 months ago

Courts Can Exercise Judicial Review In Contractual Matters Only If Malafide/ Arbitrariness Is Shown: Telangana High Court

Live Law  

The Telangana High Court recently observed that judicial review by the Court in contractual matters is very limited and unless malafides and arbitrariness was shown, the Court could not interfere with the administrative action. Considering that the distributors and general transporters are not standing on the same footing and allowing the petitioner to participate in the public tender basing on …

S.22 SRA | Civil Courts May Grant Ancillary Reliefs To Give Full Effect To Decree For Specific Performance: Telangana High Court
2 years, 8 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 …

Sanctity Of Judicial Proceedings Is Paramount, Otherwise, The Very Edifice Of Democracy Breaks, And Anarchy Reigns: Telangana High Court
2 years, 10 months ago

Sanctity Of Judicial Proceedings Is Paramount, Otherwise, The Very Edifice Of Democracy Breaks, And Anarchy Reigns: Telangana High Court

Live Law  

The Telangana High Court recently observed that the sanctity of judicial proceedings is paramount to a society governed by law. The Court referred to the case of Jagarlmudi Chandramouli v. K.Appa Rao, where it was held that disobedience of an order of the court, whether prohibitive or mandatory, whether made ex parte or upon hearing both parties, or interim or …

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