Hyderabad: Justice Surepalli Nanda of the Telangana High Court on Wednesday, observing a limitation in a civil suit in the mixed question of fact and law, said a suit cannot be dismissed at the pre-trial stage at the instance of the defendant, dismissing a revision petition filed by D.K. Shruthi against Shaik Munna Bhasker. The latter filed a civil suit against the petitioner for recovery of 11 guntas of land in Gadwal district, to which the petitioner unsuccessfully pleaded before the Principle JCJ Gadwal that the same be dismissed as there was no cause of action against her and also that the suit was barred by limitation. The plaintiff would complain that the defendant and the common vendor of the property and their henchmen came to the property in December 2021 and dispossessed him illegally. “Cause of action is a bundle of facts of facts and since the defendant denied the cause of action pleaded by the plaintiff, the question that is the issue, whether the cause of action for the suit is true or illusory can be decided only after holding trial,” the court observed.
HC directs cops to stop harassing petitioners
Justice C.V. Bhasker Reddy of the Telangana High Court on Wednesday voiced displeasure at the manner in which the police were acting at the behest of private parties and harassing citizens. The judge was dealing with two writ petitions filed by Nagala Ramya, a resident of Badradi, Kothagudem, and by an American citizen, Sreenivasa Rao, temporarily residing in Kothaguda. Nagala Ramya left her matrimonial home on midnight of June 12 due to serious differences with her husband and sought the assistance of Sreenivas Rao, who complained that the police inspector of Mulakalapalli was acting at the behest of N. Venkateshwar Rao, the husband of the petitioner and a local influential BRS leader. The petitioner pointed out that their movements were being monitored minutely, with the police summoning his family members and using third-degree methods on him to get information about their whereabouts. To a pointed question as to why the police were hounding the petitioner, the government pleader came up with written instructions from the said police officer, saying that the N. Venkateshwar Rao had lodged a missing person complaint and therefore, the police were investigating the manner. The judge noticed that the promptitude with which the government pleader was given instructions in the matter showed how the police were anxious to deal with the matter. The judge directed the police not to interfere with the petitioners or harass them. The judge also requested senior counsel L. Ravichander to use his good offices and see if the warring spouses could bury the hatchet. The judge has called for the records in the meantime.
HC reserves order in Tata trademark case
A two-judge bench of the Telangana High Court, comprising Justice P. Naveen Rao and Justice Nagesh Bheemapaka, on Wednesday reserved orders in a trademark case pertaining to a civil appeal filed by Tata Sons Pvt Ltd and Tata Consumer Products Limited. The petitioners were aggrieved by the action of the Rangareddy commercial court in not granting an injunction in a suit for trademark violation, passing off and counterfeiting, allegedly by Manhansikha Agro Foods and Beverages, Spoorthi Tech, and Nutrients Plus India. The bench reserved orders after hearing senior counsel Ashok Ramkumar for over an hour, in which he pointed out how Tata products — Tata Water Plus and Tata Zinc Plus — were being infringed by trademark dress similar to the Tata product. He pointed out multiple judgments as precedents to press home his plea for the grant of an injunction.
HC directs official to appear over inaction in illegal construction case
Justice Bhaskar Reddy of Telangana High Court on Wednesday called for the appearance of Ms Prashanti, deputy commissioner of Kazipet circle, in a case of inaction over illegal encroachment. A writ was initially filed by Mohammed Rajab Ali, a resident of Hanamkonda district, complaining that one Risa Sulthana made illegal and unauthorised constructions without leaving setbacks and constructing the second floor, a part of which fell on the house of the petitioner, damaging his house. The court, on an earlier occasion, directed the Greater Warangal Municipal Corporation to take appropriate action. On failure of this direction, the petitioner approached the court by filing a contempt petition. The court also directed the appearance of the official on an earlier occasion for failing to file a counter. As the orders were not complied with, the court again summoned the official and directed her to be present in the court on July 12.
HC grants anticipatory bail to petitioner over investment advice
Justice K. Surender of Telangana High Court on Wednesday granted anticipatory bail in a case filed under the Depositors Act, on a petition filed by Kshitij Kumar complaining that the Crime Station police were trying to arrest him. The counsel for the petitioner contended that the petitioner has only advised the complainant to invest in nonbanking financial sector institutions. On such advice, the complainant invested ₹30 lakh in 2017 in some of the companies and acquired returns for five years. He incurred a loss of ₹15 lakh due to which the complainant filed a complaint against the petitioner. The public prosecutor argued that the petitioner was also involved in the crime. The court, while considering that the petitioner had only given advice but had not taken any amount from the complainant, granted anticipatory bail to the petitioner.
