Civil Law
Motor Accident Claims | Supreme Court Lays Down Law On Using ITRs To Assess Victim's Income
For bringing in a consistency in the mode of calculation of a deceased's annual income for determining the motor accident compensation claims, the Supreme Court has laid down comprehensive guidelines for assessing the annual income of victims in motor accident compensation cases, drawing a clear distinction between salaried employees and self-employed persons. A bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh held that the Income Tax Return (ITR) of the immediately...
Gauhati High Court Upholds Order Declaring Assam Man A Foreigner, Says 15 Documents Failed To Prove Citizenship
The Gauhati High Court has upheld an order of the Foreigners Tribunal declaring a man as a foreigner, observing that despite exhibiting 15 documents he was unable to prove that he is an Indian Citizen as per provisions of Foreigners Act. The court was hearing the petitioner Aminul Hoque's plea challenging a 28.02.2019 opinion passed by the Foreigners Tribunal which held that the petitioner...
Kerala High Court Strikes Down 20-Page Cap On Free RTI Information For Below Poverty Line Applicants As Ultra Vires RTI Act
The Kerala High Court has struck down proviso to Rule 4(4) of the Kerala Right to Information (Regulation of Fee and Cost) Rules, 2006, which restrict free supply of information under RTI Act to persons below the poverty line (BPL) to twenty pages. [2026 LiveLaw (Ker) 355]Justice Mohammed Nias C.P. found that the proviso to the afore Rule, requiring payment for information above 20 pages, traverse beyond the scope of the parent Act, i.e., the Right to Information Act, 2005 since no such cap is...
Telangana High Court Rejects Plea For Restoration Of Deleted Voter Names, Directs Petitioner To Avail SIR Process
The Telangana High Court has asked a family to participate in the ongoing Special Intensive Revision (SIR) process in the State over their grievance on deletion of their names from the electoral rolls.[2026 LiveLaw (Tel) 96]A division bench of Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin noted that the SIR process provides for a forum and procedure for inclusion of electors...
State Disability Commissioner Has No Jurisdiction To Adjudicate Land Disputes Between Private Parties: Jharkhand High Court
The Jharkhand High Court has held that the State Disability Commissioner has no jurisdiction to adjudicate disputes relating to title over immovable property between private parties. The Court observed that while the Rights of Persons with Disabilities Act, 2016 confers certain powers of a civil court upon the Commissioner for the purpose of conducting inquiries under the Act, it does not...
State Can't Indefinitely Reserve Private Land Without Commencing Acquisition Or Timely Development Plan Revision: Gujarat High Court
Revoking the continued reservation of a person's land for fifty years without initiation of acquisition proceedings, the Gujarat High Court held that if land is not acquired nor revision proceedings are initiated within 10 years and despite notice the authority fails to commence acquisition within six months then such reservation shall lapse. [2026 LiveLaw (Guj) 82]In doing so the court held...
Period Of Limitation For Execution Of Partition Decrees Is Independent Of Engrossment: Allahabad High Court
The Allahabad High Court has held that the period of limitation for execution of a partition decree is independent of it's engrossment. It also held that stamp duty on engrossment of the partition decree is different and operates in a different field from court fees payable on execution or appellate proceedings. “As to when would such right to apply for engrossment of a final decree on...
State Cannot Summarily Cancel Longstanding Jamabandi, Civil Suit Only Remedy: Patna High Court Flags State's 'Autocratic' Action
The Patna High Court has held that the State cannot seek to cancel a longstanding jamabandi through summary proceedings and that its only remedy is to approach a competent civil court. Warning the authorities against disregarding settled judicial precedent, the Court observed that any attempt to proceed otherwise would be treated as contemptuous.A Single Judge Bench of Justice Sourendra...
Medical College Has No 'Lien' Over Student's Original Certificates To Enforce Service Bond Executed During Admission: Telangana High Court
The Telangana High Court has held that a medical college cannot withhold a doctor's original educational certificates to enforce a service bond executed at the time of admission. [2026 LiveLaw (Tel) 90]The Court observed that even if a candidate breaches the bond by failing to serve in government hospitals, the college has no lien over the original certificates and must recover the bond...
Small Cause Court Should Return Plaint Where Bona Fide Title Dispute Can't Be Summarily Decided: Allahabad High Court
The Allahabad High Court has held that it is not mandatory for the Small Causes Court to return the plaint on title dispute but where substantial issues are found to be involved, then the plaint must be returned to be placed before the regular court of competent jurisdiction.Referring to Section 23 of the Provincial Small Cause Courts Act, 1887, Dr. Justice Yogendra Kumar Srivastava...
State Can't Claim Adverse Possession Over Citizens' Land: P&H High Court Directs Compensation For Land Used Without Acquisition
The Punjab and Haryana High Court has held that the State cannot invoke the doctrine of adverse possession to claim ownership over private land, emphasizing that such a plea is incompatible with its role as a welfare State. [2026 LiveLaw (PH) 209]It thus directed the Haryana Government to pay compensation for a private land used for a distributary without acquisition.Justice Ramesh Kumari...