Civil Law

Judicial Officer Can't Demand Transfer Of Sitting HC Judge, Threaten To Sleep On Footpath If Suitable House Is Not Given: Gujarat High Court
Conduct of the judicial officer is "obnoxious and despicable", Court said while upholding her dismissal from service.

Development Authorities Can't Levy Impact Fee, Open Area Penalty Without Statutory Authority: Allahabad High Court
The Allahabad High Court has held that a Development Authority cannot levy impact fee or open area penalty. It held that Section 15(2-A) of the Uttar Pradesh Urban Planning and Development Act, 1973 permits it to charge only development fees, mutation charges, stacking fees and water fees.The two levies had been impugned only on the rate at which they were worked out, and not on the...

State Can't Permit Unilateral Cancellation Of Registered Gift Deed By Donor Contrary To Transfer Of Property Act: AP High Court
The Andhra Pradesh High Court has held that that a donor cannot cancel a registered gift/settlement deed at will once the property has been transferred to the donee. Such unilateral cancellation cannot be registered without the bilateral consent of the parties or a decree from a competent Civil Court. Rejecting the registering authority's defence that Rule 26(i)(k)(i) of the A.P....

Interim Committee Of Management Cannot Induct New Society Members Or Remove Existing Ones: Allahabad High Court
The Allahabad High Court has held that an Interim Committee of Management appointed under Section 29(4-B) of the U.P. Co-operative Societies Act, 1965 has no power to enrol new members or remove existing members of a co-operative society. A resolution by which it purports to do so is a nullity, and the Registrar cannot give it effect in exercise of his powers under Section 128 of the...

Delhi High Court Refuses To Restrain Delhi Law House From Selling 47 Law Books Over Copyright Title Claim
The Delhi High Court has refused to restrain Delhi Law House and its associated entities or persons from publishing and selling 47 law books, holding that Shakti Sagar, who filed the suit, failed to establish a prima facie copyright right in the works.Justice Purushaindra Kumar Kaurav was hearing a suit filed by Sagar, who claimed exclusive copyrights over 47 titles and alleged that...

Tender Conditions Based On Procurement Needs Can't Be Challenged By Suppliers Unable To Meet Them: AP High Court
The Andhra Pradesh High Court upheld State Government's order introducing centralized system for procuring dietary items and non-perishable goods for Kasturba Gandhi Balika Vidyalayas (KGBVs), holding that the procurement policy cannot be faulted because some suppliers were unable to satisfy prescribed eligibility conditions.In doing so, the Court observed that the new procurement policy...

'Merely Running School Is Not Charitable Purpose': Bombay High Court Rejects Education Trust's Property-Tax Exemption Bid
The Bombay High Court has dismissed a petition filed by Jai Hind Sindhu Education Trust seeking exemption from property tax, holding that an educational institution must establish for every financial year that its buildings and lands are solely occupied and used for a public charitable purpose. The Court held that merely running an educational institution, or being a linguistic...

Karnataka High Court Allows Minor To Change Name For Astrological Beliefs
Court held everyone has right to be recognized by their name.

Civil Court Can Direct Police Assistance To Enforce Injunction Order Under Section 151 CPC: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that a civil court can, in exercise of its inherent powers under Section 151 CPC, direct the police authorities to assist in the implementation of an injunction order. The Court observed that the availability of a remedy under Order 39 Rule 2A CPC does not bar a party from seeking police assistance for effective enforcement of an injunction.Justice...

'Undue Fetter' On Right Of Appeal: Kerala High Court Sets Aside Order Requiring 50% Maintenance Deposit For Delay Condonation
The Kerala High Court recently held that courts cannot impose deposit of a percentage of the award amount as condition while considering an application under Section 5 of the Limitation Act to condone delay in preferring an appeal. [2026 LiveLaw (Ker) 558]Justice Jobin Sebastian opined that such a condition may be justified when the appellate court is considering an application for stay...

Existing Hotels, Guest Houses Nearby Cannot Justify Commercial Land Use In Restricted Area: Himachal Pradesh High Court
The Himachal Pradesh High Court observed that the mere existence of hotels, guest houses and homestays in the vicinity of a plot could not justify permitting a Change of Land Use (CLU) in a designated Restricted Area. The Court held that the discretionary power under sub-regulation (vi) of General Regulation 18.1.2 had to be exercised on the basis of public interest or other material...

Patna High Court Dismisses PIL Against Commercial Use Of Bodh Gaya Monasteries
The Patna HC has held that a Public Interest Litigation cannot be used to pursue a dispute which, in substance, concerns competing interests of particular establishments or associations, merely by couching the relief in terms of enforcement of statutory provisions.A Division Bench of Justice Sudhir Singh and Justice Rajesh Kumar Verma heard the writ applications filed in the form of...
