(A) Matrimonial Law—Muslim Law—Talaq—Khula—Meaning of—Khula, derived from the Arabic term for "relinquishment," is a method of marital dissolution initiated by the wife who seeks to terminate the marriage—In this process, the wife consulting a Mufti (Jurist Consult) from her School of thought, who issues an advisory decision (Fatwa)—The wife may propose the dissolution and may offer to waive her right to Mahr (Dower), although such waiver is not mandatory—If private conciliation fail, the matter may escalate to litigation, requiring a Judge (Qazi) to render a judgment (Qaza) in accordance with Shariat principles. (Para 11) (B) Matrimonial Law—Muslim Law—Talaq—Khula—Procedure to obtain—Held, Khula is a no-fault divorce initiated by the Muslim wife&md...

Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory Bail—Factors for Consideration—Gravity of Offence and Stage of Investigation—While exercising discretion under Section 482 of the BNSS for grant of anticipatory bail, the Court must evaluate key factors such as the nature and gravity of the alleged offence, the stage and status of the investigation, and the likely impact of bail on the investigative process—Anticipatory bail is not to be granted as a matter of routine, particularly in cases involving serious allegations such as substantial financial misappropriation—Where the investigation is ongoing and at a crucial stage, the Court may justifiably decline anticipatory bail to ensure an unimpeded and effective investigation. ...

Limitation Act, 1963—Section 14—Election Petition—Limitation—Jurisdiction—Re-presentation before Correct Forum—Condonation Not Permissible—CRP Allowed—In this Civil Revision Petition, the High Court examined the maintainability of an Election Petition initially filed before the III Additional District Judge, Gadwal, who lacked jurisdiction under the Telangana Municipalities Act, 2019 and the Municipal Corporations Rules, 2020—Though the petition was later re-presented before the competent Principal District Judge, Jogulamba-Gadwal District, it was held that such re-presentation after pursuing the matter before a wrong forum for nearly 2 years and 9 months could not be condoned, as the Act is a complete code excluding application of Section 14 of the Limitation Act—The Court relie...

Evidence Act, 1872—Section 30Penal Code, 1860—Sections 147, 148, 302, 365, 201, 120-B r/w 149—Circumstantial Evidence—Acquittal for Co-Accused. An extra-judicial confession, while admissible, is a weak form of evidence requiring careful scrutiny and is credible only when voluntary, truthful, and corroborated by other reliable circumstancesUnder Section 27, the discovery of facts pursuant to custodial information from an accused is admissible and carries probative value, especially where such discovery, as in this case, includes recovery of burnt bones of the deceased from a concealed locationDNA profiling corroborating the identity of the remains further strengthens the chain of circumstantial evidenceWhere Accused No. 1’s confession is corroborated by such discovery and scientific evidence, his convicti...

Constitution of India—Article 226 —The Telangana High Court dismissed a batch of writ petitions, including W.P. No. 1207 of 2023 and others, filed by purchasers of agricultural lands in Kamsanpally Village, Ranga Reddy District, seeking deletion of their lands from the prohibitory list issued under G.O.Ms.No.147 dated 29.08.2016, in connection with criminal cases registered against M/s. Agri Gold Farm Estates India Pvt. Ltd—The petitioners contended that their lands were not part of the attached properties and were purchased through registered sale deeds from third parties—However, the Court held that the lands were allegedly acquired using crime proceeds, and a detailed factual adjudication was required to establish title and the legitimacy of transactions—Referring to the Telangana Protection of Depositors ...

This Criminal Petition under Section 482 Cr.P.C. was filed by the petitioner/A.15 seeking to quash proceedings in C.C.No.393 of 2023 pending before the Special Judicial Magistrate of First Class for Excise Cases, Hyderabad—The case arose from a 2011 complaint alleging that petitioner, as President of the Telangana Political JAC, gave a call for “rail roko” agitation—The petitioner was charged under several IPC sections, the Railways Act, the Prevention of Damage to Public Property Act, and the Criminal Law Amendment Act—The High Court noted that the only allegation was the petitioner’s leadership role in the protest, and no specific overt act was attributed to him in any witness statement—Furthermore, the Court held that cognizance under Section 188 IPC was impermissible without a complaint by the...

Penal Code, 1860—Sections 302—This Criminal Appeal is filed by the appellant/accused No.1 challenging his conviction under Sections 302 and 397 of the IPC, imposed by the Principal Sessions Judge, Khammam, on 09.05.2019, in Sessions Case No.385 of 2015—The appellant was accused of murdering a woman and robbing her gold jewelry—The prosecution relied on circumstantial evidence, including the last-seen theory, the appellant’s confession, and the recovery of stolen jewelry—The defense contended that the prosecution’s case lacked credibility, particularly regarding witness testimonies and the last-seen evidence, citing precedents from the Supreme Court—The court, after considering the evidence, observed lapses in witness identification and the chain of events—It was concluded that while th...

Civil Procedure Code, 1908—Order 7 Rule 11—This revision petition challenges the order dated 28.02.2023 passed by the II Additional Chief Judge, City Civil Court, Hyderabad, dismissing I.A. No. 248 of 2023 in O.S. No. 469 of 2022—The petitioners, defendants 10 and 11, sought the rejection of the plaint filed by the plaintiffs (respondents 1 and 2) for partition of the suit properties—The petitioners contended that the plaint did not disclose a cause of action, the suit was barred by law, the court fee was insufficient, and the suit was vexatious—The plaintiffs claimed the properties were joint family properties, while the petitioners argued that the properties were self-acquired and the plaintiffs had no right or interest—The trial court found that the plaint averments did disclose a cause of action and...

Penal Code, 1860—Section 306—Quashing of Charge Sheet—The petitioner sought quashing of the charge sheet in Sessions Case No.70 of 2020 under Section 306 IPC, arguing that the allegations do not establish a prima facie case for abetment of suicide—The deceased's father lodged a complaint alleging threats and harassment by the petitioner, his son-in-law, related to a financial transaction involving a borewell vehicle, leading to the deceased's suicide—However, the petitioner contended that mere threats, scolding, and refusal to transfer the vehicle ownership were insufficient to constitute instigation or abetment under Section 306 IPC—The court examined the materials on record, emphasizing that for abetment under Section 306, there must be clear evidence of intention to instigate or aid the suici...

Constitution of India—Article 226—In disciplinary proceedings, charges against an employee must be clear, specific, and supported by adequate details such as a list of documents, witnesses, and allegations, or else the proceedings are vitiated for vagueness—Failure to provide relevant documents requested by the employee also violates natural justice, denying a fair opportunity to defend—Additionally, the inability to examine material witnesses, particularly those whose reports are relied upon, or key defence witnesses, further undermines the fairness of the enquiry—The enquiry report must be supplied to the employee before the Disciplinary Authority forms an opinion or proposes punishment, failing which the process is flawed—In appellate matters, the appellate authority must provide a reasoned order whe...