Civil Law
Motor Accident Appeal Can Be Withdrawn; Claimants Can't Seek Enhancement Of Compensation Without Cross-Appeal: AP High Court
The Andhra Pradesh High Court has held that while an appellant is ordinarily entitled to unconditionally withdraw an appeal under the CPC in a motor accident case, respondent party cannot insist that the appellate court decide the matter on merits in the absence of a cross-appeal or cross-objections. [2026 LiveLaw (AP) 134]At the same time, the Court held that where the appeal compelled...
Lessee Can't Be Forced To Pay Installments Accruing Due To State's Delay In Termination Of Mining Lease: Allahabad High Court
The Allahabad High Court has held that where a mining lessee defaults in paying royalty and thereby gives the State ground to terminate the lease, the State's unexplained delay in exercising its power to determine the lease under Rule 58 of the U.P. Minor Minerals (Concession) Rules, 1963 amounts to arbitrary action. It held that the lessee cannot be forced to pay the installments that fell...
Appeal Under UP Rent Act Not Maintainable Against Rejection Of Plea To Recall Ex-Parte Eviction Order: Allahabad High Court
The Allahabad High Court has held that an appeal under Section 22 of Uttar Pradesh Urban Buildings [Regulation of Letting, Rent and Eviction] Act, 1972 is not maintainable against an order rejecting an application for recall of an ex-parte release (eviction) order passed under Section 21(1)(a) of the Act. It held that such an order is referable to the procedural powers exercisable under...
Party Can't Be Granted Interim Relief Merely Because Opposing Counsel Failed To Answer Court's Query: AP High Court
The Andhra Pradesh High Court has held that a party cannot succeed on the weakness of the opposite party's case and must stand on the strength of its own case, observing that interim relief cannot be granted merely because the opposite party's counsel failed to answer a legal query posed by the Court. [2026 LiveLaw (AP) 132]Accordingly, it set aside a Single Judge's interim order in a...
Member Of Joint Hindu Family Can Acquire Separate Property From Own Funds; Other Coparceners Can't Claim Interest: Allahabad High Court
The Allahabad High Court has held that the mere existence of a joint Hindu family does not raise presumption that a particular holding is a joint family property. It held that a member of a joint Hindu family can acquire and hold property exclusively in his own name. It held that other members cannot be granted co-tenancy rights over such a holding unless they prove that it was acquired from...
'Evaded Payment For 16 Years': Kerala High Court Rejects Cop's Appeals Against Compensation Award To Lawyer He Assaulted
The Kerala High Court recently dismissed two second appeals preferred by a police officer, who was directed to pay compensation to a lawyer who he had assaulted in 2010. [2026 LiveLaw (Ker) 379]Justice Easwaran S. observed that there are no substantial questions of law raised in the regular second appeals and that the same were bereft of merits.“The dispute started in the year 2010. For...
Ex-Parte Administrative Order Can't Undo Mutation Carried Out Pursuant To Competent Court's Decree: Allahabad High Court
The Allahabad High Court has held that an order recording a mutation (Parwana Amaldaramad) which gives effect to a decree of a competent court that has attained finality, cannot be recalled by an administrative order. While dealing with a case where the order of mutation was set aside ex-parte after lapse of 24 years, without issuing notices to the party, Justice Prakash Padia...
How To Prove A Will As Genuine? Supreme Court Explains Tests
In a significant ruling on the law governing wills, the Supreme Court has explained the principles courts must apply while determining whether a will is genuine. Reiterating settled legal principles, the Court said that although a will is proved like any other document, the law imposes additional safeguards because the maker of the will (the testator) is no longer alive to testify about...
Art. 226 | High Courts Cannot Reweigh Evidence Or Interfere With Factual Findings In Certiorari Jurisdiction : Supreme Court
The Supreme Court has held that the Writ of Certiorari cannot be issued by the High Court to review or reweigh the evidence based on which subordinate courts decided a matter. The Court reiterated that such a jurisdiction is issued only to correct errors of jurisdiction committed by Courts or Tribunals, but not for reappreciation of evidence or acting as a Court of appeal. Holding so, a bench...
S.47 CPC | Executing Court Can Correct Clerical Misdescription Of Suit Property In Decree: Allahabad High Court
The Allahabad High Court has held that an executing court can correct a clerical or typographical misdescription of the suit property in a decree in exercise of its powers under Section 47 of the Code of Civil Procedure. It held that such correction is not confined to the court which passed the decree. Justice Manish Kumar Nigam held, “Where the terms of the decree are clear and...