Civil Law
'Jagirdar Has No Title, Land Vests In Govt' : Supreme Court Rejects Claims To 550 Acres Miyapur Land In Telangana
The Supreme Court on Thursday (29 October) dismissed appeals claiming title over lands in Miyapur, Telangana, and upheld the declaration that the government is the rightful owner. It also held that a jagirdar is not a title holder, that the lands vested in the State government when jagirs were abolished in 1949, and that the revenue entries relied on by one set of claimants were bogus and not genuine and a case of fraud “orchestrated by persons in collusion with the revenue officials.”A bench of...
Writ Court Can't Decide A Party's Eligibility On Oral Submission Made Across The Bar: Allahabad High Court
The Allahabad High Court has held that where a writ petition turns on disputed or unverified facts going to the eligibility of a third party, the Court must ordinarily call for a counter-affidavit before recording a finding of fact against a party who has had no opportunity to place his version on record. Setting aside a Single Judge's order to that extent, it held that the eligibility of...
Gujarat High Court Restores Meat Ban Near Somnath Temple Hours After Single Bench Quashed It
The single bench had found the ban to be disproportionate, and opined that consumption or non-display of meat was not an essential religious practice.
"Matter Of Serious Concern": Bombay High Court Flags Misuse Of Former CJ's Name By Special Officer In Trust Matter
The Bombay High Court has quashed a communication issued by a Special Officer in the name of the then Chief Justice, directing the withdrawal and suspension of a list of recommended trustees of a Nashik temple trust, holding that the officer had acted with gross impropriety and contrary to law. The Court observed that the Special Officer had misused the name of the Chief Justice and that the conduct possibly amounted to serious misconduct.A Division Bench of Justice G.S. Kulkarni and Justice Dr....
S. 96 CPC | Non-Parties Can Challenge Consent Decree With Leave If Their Rights Are Affected: Supreme Court
The Supreme Court on Friday (October 30) reiterated that there's no bar to file an appeal against the consent decree by a stranger if it shows that the consent decree prejudicially affects his rights or interests. Also, a leave to appeal cannot be denied to such a stranger merely because he was not party to a consent decree, if shown that the consent decree materially affects his rights or interests. A bench of Justice JB Pardiwala and Justice K. Vinod Chandran explained that the principle of...
Land Acquisition Can Be For 'Public Purpose' Even If Private Entity Derives Incidental Benefit: Chhattisgarh High Court
The Chhattisgarh High Court has held that land acquisition for railway connectivity to a Gati Shakti Multi-Modal Cargo Terminal constitutes a public purpose, even if a private company operating the terminal derives incidental or consequential benefit from the project. The Court observed that Section 20-D of the Railways Act, 1989, gives landowners the right to raise objections and have...
Rajasthan High Court Refuses To Stay Restriction On SC Migrants Claiming Reservation In Panchayat Elections
The Rajasthan High Court has refused interim relief to a woman who migrated from Haryana to Rajasthan, declining to stay a restriction that bars her from claiming reservation benefits in Panchayat elections on the basis of her caste certificate.The division bench of Justice Sudesh Bansal and Justice Anuroop Singhi rejected the stay application filed by the woman, who sought permission to...
Allahabad High Court Imposes ₹5 Lakh Costs On Landowners For Concealing Facts To Secure Release Of Acquired Land
In case of fraud, Court held, authority can recall its order even without statutory power of review.
Failure To Seek Clubbing Of Matters Not Ground To Dismiss Application Or Impose ₹25 Lakh Cost: Bombay High Court
The Bombay High Court has set aside an order dismissing a chamber summons and imposing costs of ₹25 lakh, holding that the applicant's failure to seek clubbing of the matter with pending civil revision applications was not a ground to dismiss the application or impose such costs. The Court directed the Registry to move the Chief Justice for appropriate orders to have the matters tagged...
Distance Between Student's Residence And College Is Relevant Factor In Inter-College Migration: Delhi High Court
The Delhi High Court has directed a College affiliated with Delhi University (DU) to issue No-Objection Certificates (NOCs) to four students seeking inter-college migration, holding that the distance between a student's residence and college is a relevant consideration while deciding such requests.Justice Jasmeet Singh observed that although students do not have an absolute right to migrate...
Patna High Court Upholds ₹5 Lakh Compensation To L-1 Bidder Disqualified Over Condition Absent From Notice Inviting Tender
The Patna HC has upheld an award of Rs.5 lakh as compensation to an L-1 bidder who was arbitrarily excluded from a tender process for failing to comply with a condition that was not prescribed in the Notice Inviting Tender (NIT). The Court clarified that the compensation did not constitute contractual damages, as the relief was granted for arbitrary exclusion from the tender process.A...
