Civil Law
UP Tenancy Act | Court Fee On Appeal Must Be Valued On Subject Matter In Dispute, Not Fee Paid Before Rent Authority: Allahabad High Court
The Allahabad High Court has held that an appeal preferred to the Rent Tribunal under Section 35 of the U.P. Regulation of Urban Premises Tenancy Act, 2021 must be valued on the subject matter in dispute in appeal, and not on the court fee paid on the application originally instituted before the Rent Authority.Where a composite decree of eviction, arrears of rent and mesne profits is assailed in its entirety, the Court held, mesne profits which have accrued or can be worked out arithmetically by...
Land Acquisition Act 1894 | Award As Per Court's Direction Can't Be Agitated For Not Computing Market Value Under 2013 Act: Allahabad High Court
The Allahabad High Court has held that an award made under the Land Acquisition Act, 1894 in compliance with a judicial direction to frame it in light of the Supreme Court's decision in Delhi Airtech Services Private Limited and another vs. State of U.P and another cannot be assailed on the ground that the market value ought to have been computed as on 01.01.2014, the date on which the Right...
Fair Compensation Act | State Can't Stay DM's Quasi-Judicial Order On Lapse Of Land Acquisition Without Statutory Power: Allahabad High Court
The Allahabad High Court has held that an order of the District Magistrate deciding a claim of lapse of acquisition under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is quasi-judicial in character, and the State Government cannot stay or nullify it by an executive order. It held that Section 24 confers no power...
UP Secondary Education Act | Appointment Against Fraudulently Created Short-Term Vacancy Can't Be Regularised: Allahabad High Court
The Allahabad High Court has held that Section 33-F of the U.P. Secondary Education Services Selection Board Act, 1982 cannot be invoked to claim substantive appointment where the short term vacancy against which the teacher was appointed was itself fraudulently created.Section 33-F provides for regularisation of appointments made against short term vacancies, entitling teachers appointed...
Order 41 Rule 27 CPC | Supreme Court Explains Parameters To Decide Application For Additional Evidence
While reiterating that an application seeking the production of additional evidence at an appellate stage needs to be decided on its own merit before delivering a judgment, the Supreme Court has laid down the parameters to be followed while dealing with an application under Order 41 Rule 27 of CPC. A bench of Justice SVN Bhatti and Justice NV Anjaria laid down the following parameters: "1. An Appellate Court has a statutory duty to deal with an Application for Additional Evidence on its...
Non-Supply Of Enquiry Report Not Mere Procedural Irregularity When Authority Relies On It To Terminate Contract: Patna High Court
The Patna High Court has held that once the Food Corporation of India (FCI) relies on an enquiry report to terminate a contract and impose civil consequences, it must first furnish a copy of that report to the affected contractor. The Court held that denial of the report deprives the contractor of an effective opportunity to respond and violates the principles of natural justice. A Division...
Bank Can Recover Loan Dues From Guarantor After Default Without First Proceeding Against Principal Borrower: Allahabad High Court
The Allahabad High Court has clarified that a bank can recover loan dues from a guarantor after the principal borrower defaults without first exhausting its remedies against the principal borrower.Referring to Section 128 Indian Contract Act, 1872 (Surety's liability), a bench of Justice Shekhar B. Saraf and Justice Abdhesh Kumar Chaudhary noted that the liability of the surety is 'coextensive' with that of the principal debtor, which means that the quantum of the guarantor's obligation is the...
Notice For Sarpanch's Removal Can't Be Served Through WhatsApp Or Wall Affixture: Orissa High Court
The Orissa High Court has recently held that notice for convening a meeting of Grama Panchayat for taking up 'no-confidence motion' against an elected Sarpanch must be served upon him personally, and any service through WhatsApp or by affixture of a copy thereof on residence wall is not permissible. [2026 LiveLaw (Ori) 92]While finding fault with the aforesaid procedure and holding the same to...
Mediated Settlement Agreement Between Landlord & Tenant For Payment Of Rent Arrears Is Executable: Kerala High Court
The Kerala High Court recently held that a compromise agreement entered into between a landlord and a tenant regarding payment of arrears of rent during a court-referred mediation is executable before a civil court having pecuniary jurisdiction. [2026 LiveLaw (Ker) 435]The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. observed that the compromise agreement is in...
Rajasthan High Court Restrains Railways' Construction In Front Of Private Plot
The Rajasthan High Court has restrained the Railways from carrying out any further construction in front of a private plot in Jaipur, after the petitioner alleged that a proposed boundary wall could block his access to a 200-feet-wide road shown in his registered lease deed and site plan.Justice Anand Sharma passed the order in a writ petition filed by Avinash Agarwal, who claims to be the...
AP High Court Invokes Teachings From Hinduism, Christianity & Islam To Reinforce Protection Of Water Bodies, Halts Sand Excavation From Pond
Invoking teachings from Hinduism, Christianity, Islam which recognize water as a "common heritage" reflecting the essence of Public Trust Doctrine, the Andhra Pradesh High Court quashed District Collector's proceedings permitting excavation of sand and gravel from a village pond for National Highway construction.The Court held that excavation of minor minerals cannot be permitted by bypassing...