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Indian Express
19 hours ago
- Indian Express
Telangana HC suspends man's sentence over child's rape-murder; points out lapses in identification, prolonged incarceration
Emphasising significant concerns regarding the identification process conducted and the prolonged period of incarceration, the Telangana High Court recently suspended the sentence of a man convicted of raping and murdering a child in 2019, and granted him bail pending the appeal. The order, delivered on July 24 by a bench of Justices Moushumi Bhattacharya and B R Madhusudhan Rao, stated, '…the inordinate and unexplained delay of 150 days in conducting the Test Identification Parade, coupled with the circumstances in which the material witnesses…saw a person running away from the scene of offence without seeing his face, read with the conclusion of the Trial Court that it was not possible to identify the petitioner/accused from the video footage, nullifies the value of the Test Identification Parade.' The case stemmed from a complaint lodged on May 9, 2019, by the father of a 7-year-old boy, who was found dead with head injuries after being sent to a shop near their home the day before. The investigation led to the apprehension of the appellant on May 13 that year, based on CCTV footage and suspicion raised by a witness. The prosecution alleged that the appellant lured the deceased, committed unnatural sexual acts, and then fatally hit the child's head on the ground. The appellant was convicted on July 20, 2021, for offences under sections 363 (kidnapping), 377 (unnatural offences), and 302 (murder) of the Indian Penal Code (IPC), and Section 5(m) read with Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. He was awarded multiple sentences for the offences, including rigorous imprisonment of five years, life imprisonment, and two sentences of 10 years each, all of which were directed to run concurrently. The division bench, however, noted several critical issues with the prosecution's case, one of them being that there were no eyewitnesses to the alleged unnatural sex, kidnapping, or murder. The court also highlighted the 'inordinate and unexplained delay' of 150 days in conducting the Test Identification Parade (TIP) after the accused's arrest. The court felt the identification of the appellant by the witnesses was unreliable due to the long delay, noting that the witnesses had only seen a person running away from the scene in the dark and provided a vague description. 'It is settled law that the Test Identification Parade should be held without any unreasonable delay after the arrest of the accused, which is necessary for eliminating the possibility of the accused being shown to the witnesses before the Test Identification Parade,' the order read. The court also found that the Investigating Officer was unable to determine the blood group of the deceased or the accused, nor confirm if the bloodstains on seized items belonged to the accused. The court referred to the precedent set in Batchu Ranga Rao and others v State of Andhra Pradesh, which provides guidelines for releasing accused persons who have been in custody for more than five years. As the appellant had been in jail for over six years as of the order date, the court found it to be sufficient grounds for granting bail. The bail was granted subject to several conditions, including furnishing of a personal bond of Rs 25,000 with two sureties. Rahul V Pisharody is an Assistant Editor with the Indian Express Online and has been reporting from Telangana on various issues since 2019. Besides a focused approach to big news developments, Rahul has a keen interest in stories about Hyderabad and its inhabitants and looks out for interesting features on the city's heritage, environment, history culture etc. His articles are straightforward and simple reads in sync with the context. Rahul started his career as a journalist in 2011 with The New Indian Express and worked in different roles at the Hyderabad bureau for over 8 years. As Deputy Metro Editor, he was in charge of the Hyderabad bureau of the newspaper and coordinated with the team of district correspondents, centres and internet desk for over three years. A native of Palakkad in Kerala, Rahul has a Master's degree in Communication (Print and New Media) from the University of Hyderabad and a Bachelor's degree in Business Management from PSG College of Arts and Science, Coimbatore. Long motorcycle rides and travel photography are among his other interests. ... Read More
Indian Express
3 days ago
- Business
- Indian Express
‘Law of limitation binds everybody, including govt': Telangana High Court dismisses TSIDC's appeal due to 514-day delay
The Telangana High Court Friday dismissed an appeal filed by the Telangana State Industrial Development Corporation (TSIDC) against an order of a commercial court, citing an 'unexplained' and 'unreasonable' delay of 514 days in filing the plea. The bench of Justice Moushumi Bhattacharya and Justice BR Madhusudhan Rao was hearing an appeal filed by TSIDC challenging a commercial court order dated February 16, 2023, which dismissed its appeal seeking a decree of over Rs 1.3 crore with an annual interest at 17.5 per cent against the respondents. The appeal was filed on December 26, 2024, accompanied by an application for condonation of the significant delay of 514 days. The high court's rejection of TSIDC's appeal means that the original claim of Rs 1,30,31,000, with interest, which was already dismissed by the commercial court, remains dismissed. During the proceedings, the TSIDC filed two affidavits citing the delay and attributed it to several factors such as long time taken to understand the impugned order, officials being occupied with the state and Union election duties leading to a halt in decision-making on legal matters, the file going untraceable, and a change in leadership with three vice chairpersons and managing cirectors taking charge in quick succession. However, the bench found that 'the dates mentioned in the two affidavits contain several unexplained time-gaps..' Specifically, it found a four-month gap between the day the certified copy of the order was ready and the day when the Telangana Assembly elections were announced. Similarly, it found another six-month gap between the polling dates of the Telangana elections and the general elections, for which no explanation was provided. The court also observed that the TSIDC only realised the matter was pending in November 2024 when respondent No. 1 sought the return of original title deeds. This prompted the search for the missing file that was eventually traced in the second week of December 2024. The appeal was filed on December 26, 2024. While TSIDC relied on section 5 of The Limitation Act, 1963, which allows filing of an appeal or any application beyond the prescribed period of time subject to the court being satisfied of the sufficiency of cause shown by the appellant or applicant for the delay, the bench noted that 'the burden of proving the sufficiency of cause lies with the appellant or applicant.' Referring to various Supreme Court judgments, the high court reiterated that delay beyond the prescribed period, particularly in matters under the Commercial Courts Act, 2015, should be condoned by way of exception, not as a rule. 'There is little doubt that the objective of a special statute like The Commercial Courts Act, 2015, is to ensure speedy resolution of high-value commercial disputes, without any exceptions. The focus is on quick resolution which includes government entities when they are parties to commercial disputes,' the order read. The judgment firmly stated that the 'law of limitation binds everybody, including the government'. Noting that the exercise of discretion under section 5 of The Limitation Act, 1963, empowers the court to entertain an appeal or application beyond the prescribed period of limitation subject to the court being satisfied of the sufficiency of cause shown by the applicant/appellant, the court observed, 'Sufficient cause must reflect a sense of purpose and a willingness to restore diligence. The reasons shown cannot be slipshod or nonchalant so as to demand condonation as a matter of entitlement. It must be borne in mind that delay may have created equity in favour of another in the interregnum.' The bench also noted that one of the grounds for the original impugned order against TSIDC was that its claim was already barred by limitation. 'Thus, it is all the more difficult to accept that the appellant would slip into a slumber for 514 days after having suffered an order, inter alia, on the ground of delay,' the court noted. Finding no satisfactory reason to condone the 514-day delay, the high court dismissed TSIDC's application for condonation of delay, consequently rejecting the commercial court appeal. Rahul V Pisharody is an Assistant Editor with the Indian Express Online and has been reporting from Telangana on various issues since 2019. Besides a focused approach to big news developments, Rahul has a keen interest in stories about Hyderabad and its inhabitants and looks out for interesting features on the city's heritage, environment, history culture etc. His articles are straightforward and simple reads in sync with the context. Rahul started his career as a journalist in 2011 with The New Indian Express and worked in different roles at the Hyderabad bureau for over 8 years. As Deputy Metro Editor, he was in charge of the Hyderabad bureau of the newspaper and coordinated with the team of district correspondents, centres and internet desk for over three years. A native of Palakkad in Kerala, Rahul has a Master's degree in Communication (Print and New Media) from the University of Hyderabad and a Bachelor's degree in Business Management from PSG College of Arts and Science, Coimbatore. Long motorcycle rides and travel photography are among his other interests. ... Read More
Time of India
27-06-2025
- Business
- Time of India
Telangana HC upholds Rs 26 crore arbitral award in favor of Visaka Industries, dismisses Hyderabad Cricket Association (HCA) appeal
HYDERABAD: Brushing aside allegations of undue influence and coercion against Visaka Industries, a division bench of Telangana high court on Thursday dismissed an appeal filed by the Hyderabad Cricket Association (HCA) challenging an arbitral award in their (Visaka) favour. A bench of Justice Moushumi Bhattacharya and Justice B R Madhusudhan Rao upheld the Commercial Court's order of July 2024 refusing to set aside the arbitral award of nearly Rs 26 crore in favour of Visaka Industries. The bench also found fault with HCA for being unfair towards Visaka Industries. The dispute arose in 2011 when HCA terminated its agreement of Oct 16, 2004, under which Visaka Industries was granted exclusive in-stadia advertisement rights at the Uppal International Cricket Stadium in Hyderabad. The 2004 agreement had allowed it to name the stadium as 'Visaka International Cricket Stadium' and display its branding during matches. You Can Also Check: Hyderabad AQI | Weather in Hyderabad | Bank Holidays in Hyderabad | Public Holidays in Hyderabad H by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Trading CFD dengan Teknologi dan Kecepatan Lebih Baik IC Markets Mendaftar Undo CA terminated the agreement citing helplessness in light of the Board of Control for Cricket in India (BCCI) restrictions during Indian Premier League (IPL) matches. This led Visaka to initiate arbitration, leading to an award in its favour in 2016. This was challenged by HCA. On Thursday, the HC bench said there was no evidence to support the allegation that the agreement was signed under pressure from two individuals - G Vinod and Dr G. Vivekanand - who held positions in both HCA and Visaka. The court rejected this claim noting that HCA had honoured the agreement for seven years before raising objections and failed to provide any evidence of coercion. HCA challenged the appointment of MR Vikram as an arbitrator, claiming a conflict of interest since he was a partner at a firm that audited Visaka. The court found that full disclosure was made in 2011, and HCA had waived objections by participating in arbitration without protest. The court upheld the Rs 26 crore compensation, calculated as six times the consideration paid by Visaka, as a genuine pre-estimate of damages under Section 74 of the Indian Contract Act, 1872. The bench said the actual loss was difficult to quantify, given the massive visibility Visaka lost due to HCA's breach.
Time of India
26-06-2025
- Politics
- Time of India
Khula valid under Muslim law, but only courts can grant it: Telangana HC rules against sharia councils
The Telangana High Court has ruled that khula, a form of divorce initiated by Muslim women, is a legitimate right under Islamic law but must be processed through courts and not by religious authorities such as muftis or sharia councils . The court said this ensures legal clarity and enforceability of the divorce. According to a report by ToI, a division bench comprising Justices Moushumi Bhattacharya and B R Madhusudhan Rao on Tuesday upheld a family court's February 2024 ruling in a case involving a homemaker who had obtained khula from her husband, a businessman. The husband had challenged the khulanama (divorce certificate), arguing it had been issued by the Sada-e-Haq Sharai Council, which he said had no legal standing. The High Court dismissed his appeal, noting that only a court—or a qazi officially appointed under the law—has the authority to grant a divorce. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Knee pain treatment prices might surprise you Knee pain| search ads Find Now Undo Khula is a legimate form of divorse, but court must process it, the bench observed. It ruled that religious bodies such as sharia councils cannot issue binding divorce certificates. The ruling comes soon after a similar judgment by the Supreme Court in April 2025, which stated that while Muslim women have the right to seek khula, the authority to validate or grant the divorce rests with the courts. The apex court also clarified that the husband has the right to challenge the khula in court. Live Events The Telangana High Court's ruling reinforces the need for judicial oversight in matters of personal law to ensure legal recognition and prevent disputes over the validity of religious divorces.
Time of India
26-06-2025
- Politics
- Time of India
Only courts can grant 'khula', not religious bodies, rules Telangana HC
Telangana HC HYDERABAD: In a significant ruling, the Telangana high court has clarified that 'khula'-a form of divorce initiated by Muslim women under Islamic law-is a legitimate right, but must be legally processed only through courts, and not by religious bodies. This ensures legal clarity and enforceability of the divorce, the court said. A division bench comprising Justice Moushumi Bhattacharya and Justice BR Madhusudhan Rao on Tuesday upheld a family court's decision in Feb 2024 in a case where a woman had obtained a 'khula' from her husband, a businessman from Chandrayangutta. The husband had challenged the divorce, arguing that it was granted by a religious body, Sada-e-Haq Sharai Council, which he claimed had no legal authority. The ruling comes close on the heels of the Supreme Court order in April this year, which reaffirmed that while a Muslim woman had the right to seek 'khula', it was ultimately the courts, specifically family courts, that had the authority to grant or validate a 'khula'. The apex court also clarified that while a wife could initiate the process, the husband could challenge it in court, and the court would ultimately decide on the validity of the 'khula'. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 2025 Top Trending local enterprise accounting software [Click Here] Esseps Learn More Undo You Can Also Check: Hyderabad AQI | Weather in Hyderabad | Bank Holidays in Hyderabad | Public Holidays in Hyderabad 'Khula' valid form of divorce: HC In its order, the high court ruled that while 'khula' was indeed a recognised form of divorce under Muslim personal law, religious bodies such as a mufti or sharia council could not issue binding divorce certificates. Only courts, or a qazi officially appointed under the law, had the legal power to declare the end of a marriage, it said. The case arose after the woman, a homemaker, approached the Sada-e-Haq Sharai Council seeking khula, when her husband refused to grant it. The council issued a 'khulanama' (divorce certificate), which the husband later challenged. The family court upheld the divorce, noting that proper legal procedures had been followed. The high court dismissed the husband's appeal, stating that once a woman seeks khula and reconciliation fails, the matter must be decided by the family court. The bench made it clear that khula did not require the husband's consent, nor could it be finalised by a religious institution. Judicial oversight was essential to give the divorce legal standing and protect the rights of both parties, it said. However, the high court disagreed with one part of the family court's earlier judgment-that a mufti could issue a valid khulanama. It said only courts or legally authorised officials could issue such declarations.
