Civil Law

AP High Court Refuses To Condone 110-Day Delay In Appeal, Says Misplaced Certified Order Copy 'Not Sufficient Cause'
The Andhra Pradesh High Court has refused to condone a 110-day delay in an appeal against the dismissal of a suit seeking specific performance of a contract. [2026 LiveLaw (AP) 212]In doing so, the Court rejected the appellant's claim that the certified copy of the trial court's judgment and decree had been misplaced, holding that the explanation did not constitute sufficient cause for...

Discriminatory Sugarcane Allocation Below Mill's Requirement Can't Be Justified By Delayed Payments: Allahabad High Court
The Allahabad High Court has held that discriminatory allocation of sugarcane below a mill's estimated requirement cannot be justified on the basis of its low drawl or alleged delay in payment of cane price, particularly where the short allocation itself contributed to the low drawl and affected the mill's ability to make payments.It further held that sugarcane allocation should account for...

UP Police Rules | Delay In Filing Revision Against Punishment Is Condonable Under S. 5 Limitation Act: Allahabad High Court
The Allahabad High Court has held that delay in filing a revision under Rule 23 of the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 is condonable under Section 5 of the Limitation Act, 1963, as the Rules neither expressly exclude the Limitation Act nor create any bar against condonation of delay.Rule 23(1) of the Rules entitles a police officer whose...

Allotment Cancelled After 26 Years 'Total Abuse Of Process': Allahabad High Court Restores Land To Family
The Allahabad High Court has held that an agricultural allotment made in 1987 could not be cancelled under Section 198(4) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 in proceedings started on a private complaint 26 years later, more so where the allottee had by then been recorded as bhumidhar with transferable rights.Section 198(6) of the Act fixes the outer limit for issuing...

"Highways Disintegrating Before First Monsoon Season": Tripura High Court Calls For Systemic Audit Of NHAI, NHIDCL
The Tripura High Court has called for a systemic audit of the functioning of the National Highways Authority of India (NHAI) and National Highways & Infrastructure Development Corporation Limited (NHIDCL), expressing concern over the deterioration of National Highways constructed at substantial public cost. The Court observed that reports of highways disintegrating soon after...

Senior Citizens Act | Tribunal Can Evict Children To Protect Elderly's Life & Limb: Allahabad High Court
The Allahabad High Court has held that a Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can order the eviction of children or relatives from a senior citizen's property where that is expedient to protect his life and limb. It held that the power is not expressly conferred by the Act, but arises as an incident of the right to maintenance and...

Requirement Of Furnishing Tender Document Includes Its Due Execution And Authentication By Bidder: Patna High Court
The Patna High Court has held that the requirement of furnishing a tender document necessarily includes the requirement that the document be duly executed and authenticated by the bidder. The Court observed, “the requirement of furnishing a document necessarily carries with it the requirement that the document should be duly executed and authenticated by the bidder.”A Division Bench of...

Assignee Under Deed Executed Prior To Filing Of Suit Cannot Be Impleaded As Co-Plaintiff Under Order I Rule 10 CPC: Bombay High Court
The Bombay High Court has held that an assignee under a deed of assignment executed before the filing of a suit cannot be added as a co-plaintiff under Order I Rule 10 of the Code of Civil Procedure (CPC) merely on the ground that the original plaintiff's rights have been assigned. The Court observed that there was no bona fide mistake involved for which adding a third party as a...

'Demolition Prima-Facie Illegal': Gauhati High Court Slams State For Razing Houses Without Hearing
The Gauhati High Court on Monday (September 7) pulled up the State authorities for demolishing the homes of various residents in Goalpara on private land without providing them an opportunity to have their say, prima facie observing that the action was unauthorized and illegal. In doing so the court sought response of the State as to what was the "imminent danger" requiring the demolition of...

Order XXI CPC Not Applicable To Execution Of Eviction Orders Passed Under Section 67 UP Revenue Code: Allahabad High Court
The Allahabad High Court has held that an order of eviction or of compensation passed under Section 67(3) of the U.P. Revenue Code, 2006 cannot be executed through the long drawn procedure prescribed under Order XXI of the Code of Civil Procedure, 1908. It held that the Code of 2006 and the U.P. Revenue Code Rules, 2016 themselves supply the machinery for enforcing such orders.The bench...

Order 39 CPC | Bar On Grant Of Final Relief At Interim Stage Is Not An Absolute Proposition Of Law: Allahabad High Court
The Allahabad High Court has held that the bar on granting relief at the interim stage which resembles the final relief is not an absolute proposition of law and creates no jurisdictional embargo on the grant of a temporary injunction. It held that the question turns on the facts of each case, with the prima facie case tested at a higher level.Justice Jaspreet Singh held,“Thus, to state as...

'Suppression Of Material Fact': AP High Court Upholds Dismissal Of Plea Challenging Govt Hospital Diet Tender
The Andhra Pradesh High Court has held that interference by Courts in tender matters has to be minimal, while upholding the dismissal of a writ petition challenging the selection of successful bidders for a diet-supply contract at Government General Hospital, Ongole. [2026 LiveLaw (AP) 209]A Division Bench of Chief Justice Lisa Gill and Justice Ninala Jayasurya dismissed the writ appeal,...
