Swadeshi Jurisprudence And Colonial Afterlife Of Order XXI

In civil matters, the separation of judgment from enforcement is not a colonial peculiarity. The idea is much older and can be traced at least to Roman law. In classical Roman procedure, a judgment, called the iudicatum, did not enforce itself. Instead, it created a new obligation known as the obligatio iudicati, treated as a debt arising from the judgment itself. If the debtor did not pay within thirty days, the successful party had to bring a fresh proceeding known as the actio iudicati, or...

Telangana High Court Asks CBFC To Reconsider 'Girlfriend' Movie's U/A Certification, Says Nature Of Scenes May Impact Underage Viewers

The Telangana High Court has held that Telugu feature film starring actress Rashmika Mandana 'The Girlfriend' ought to have been granted an 'A' certificate instead of a 'UA 13+' certificate, after taking note of the film's portrayal of conduct inside a girls' hostel and its overall likely impact upon viewers below 18 years of age. The Court said that it was not inclined to interfere with the content of the film, it however directed the Central Board of Film Certification (CBFC) to...

Knowledge Of Court Order Enough To Establish Contempt Even Without Formal Service To Party: AP High Court

The Andhra Pradesh High Court has held that formal service of a court order is not a prerequisite for holding a person guilty of civil contempt if it is established that the person had knowledge of the order and willfully disobeyed it. [2026 LiveLaw (AP) 149]Dismissing a contempt appeal filed by a Gram Panchayat Secretary, the Court upheld the order of a Single Judge holding him guilty...

'Can't Hold Two Posts Together': AP High Court Upholds Cancellation Of Fair Price Shop Dealer's Authorization After Election As Sarpanch

The Andhra Pradesh High Court has upheld the cancellation of a fair price shop dealer's authorization after he was elected as a Sarpanch, holding that under the State Targeted Public Distribution System (Control) Order 2018, a person cannot simultaneously hold the post of Fair Price Shop dealer and a public office such as Sarpanch. [2026 LiveLaw (AP) 147]At the heart of the dispute was...

Tender Can't Be Cancelled Citing Expiry Of Bid Validity After Invoking Extension Clause: Patna High Court

The Patna High Court has held that once a tendering authority invokes the contractual mechanism for extension of bid validity and obtains the bidders' consent, it cannot subsequently justify cancellation of the tender solely on the ground that the original bid validity period expired. The Court held that such a course is inconsistent with the scheme of the Standard Bidding Document (SBD).A Division Bench of Acting Chief Justice Sudhir Singh and Justice Ranjan Kumar Jha quashed the cancellation...

AP High Court Condones 1024-Day Delay To Bring Legal Heirs On Record, Says Party Not Expected To Keep Checking Status Of Pending Case

The Andhra Pradesh High Court condoned delay of 1024 days in filing an application to bring the legal heirs of a deceased appellant on record, reiterating that in a pending appeal a party is not expected to keep visiting the court or his lawyer every few weeks to ascertain the position of the case. [2026 LiveLaw (AP) 146]Allowing the Civil Revision Petition, Justice Ravi Cheemalapati referred...

Limitation To Redeem Usufructuary Mortgage Runs From Payment Of Mortgage Money, Not Date Of Mortgage Deed: Allahabad High Court

The Allahabad High Court has held that limitation for a suit to redeem usufructuary mortgage or recover possession begins to run only when the mortgagor pays or tenders the mortgage money and not from the date on which the mortgage deed is executed.A usufructuary mortgage is one where the mortgagor hands over possession to the mortgagee, who keeps the rents and profits in lieu of interest...

S. 115 CPC | Revisional Jurisdiction Cannot Be Used to Correct Factual Errors, Even If Facts Are Allegedly Concealed : Supreme Court

Observing that revisional jurisdiction cannot be invoked to correct mere errors of fact or law unless they relate to a jurisdictional error, the Supreme Court on Tuesday (July 21) set aside a Punjab and Haryana High Court judgment that had overturned concurrent eviction orders passed by the Rent Controller and the Appellate Authority in exercise of its revisional jurisdiction. A bench of Justice Sanjay Karol and Justice Augustine George Masih held that the High Court exceeded the limited scope...

Court Must Identify Specific Retirement Benefit Before Ordering Attachment Under S.60 CPC; Gratuity, PF Can't Be Attached: AP High Court

The Andhra Pradesh High Court has held that where attachment of a retired employee's retirement benefits is sought in execution proceedings, the executing court must first identify the particular head of retirement benefits sought to be attached, as benefits such as gratuity and provident fund are exempt from attachment under Section 60 CPC. [2026 LiveLaw (AP) 144]Accordingly, the Court set...

Can Banks Refuse Education Loan To Student Due To Parent's Low Credit Score? Kerala High Court Answers

The Kerala High Court has ruled that banks can refuse education loan to students if their parent, who signs the loan as a co-borrower, has a poor credit score. [2026 LiveLaw (Ker) 387]Justice M.A. Abdul Hakhim dismissed a batch of petitions filed by students challenging the banks' refusal to grant them educational loan.The petitioners argued that denial of loan to them on the basis of...

Registrar Cannot Decide Title Disputes Using Supervisory Powers Under Maharashtra Co-operative Societies Act: High Court

The Bombay High Court has held that the powers conferred upon the Registrar under Section 79 of the Maharashtra Co-operative Societies Act, 1960 are supervisory in nature and cannot be exercised to adjudicate disputes relating to title or ownership of property. The Court observed that where performance of an act requires an adjudicatory order by the competent authority, the Deputy...

Electrocution Inside Consumer's Home While Using Water Pump Not Covered Under Compensation Scheme: Chhattisgarh High Court

The Chhattisgarh High Court has held that compensation under the Chhattisgarh State Power Distribution Company Limited's Circular is not payable where an electrocution accident occurs within a consumer's domestic premises while operating an internal electrical appliance such as a Tullu Pump. The Court expressed concern over the Electricity Department's failure to communicate the rejection of...