Civil Law

Person Receiving Pension Not Entitled To Maintenance Under Senior Citizens Act: Bombay High Court
The Bombay High Court has held that a senior citizen who is receiving regular pension as well as family pension and is able to maintain himself does not fall within the meaning of Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Court highlighted that the Act was brought on the statute book to provide for appropriate mechanism to be set up to...

Oral Partition Can Be Proved Through Oral Evidence, Long Separate Possession: Jharkhand High Court
The Jharkhand High Court has held that oral partition can be accepted on the basis of oral evidence where parties have been separately possessing and enjoying their respective shares for several decades. The Court observed that although there was no written partition, the witnesses had proved that the properties had already been partitioned and the parties were separately enjoying...

Interim Stay Can Be Granted In Time-Barred Appeal Without Condoning Delay Only In 'Exceptional Cases': Rajasthan High Court
The Rajasthan High Court has set aside an interim order passed by the Revenue Appellate Authority (“RAA”) in a time-barred appeal, opining that interim stay in a time-barred appeal could be passed only in extreme circumstances of a given case where the order in appeal had some serious consequences. The bench of Justice Anoop Kumar Dhand held that without condoning the delay in...

Bidder Who Furnished Unconditional Undertaking To Execute Work Cannot Challenge Letter Of Acceptance Subsequently: Patna High Court
The Patna High Court has held that a bidder who had voluntarily furnished an affidavit and undertaking expressing its unconditional willingness to execute the work at the quoted rate, and on the basis of which the Letter of Acceptance was issued, cannot subsequently challenge the validity of the Letter of Acceptance on grounds of want of jurisdiction and expiry of the bid validity period....

Repeated Notices To Pay Dues Not Enough To Blacklist Contractor Without Warning: Rajasthan High Court Quashes 3-Year Debarment
The Rajasthan High Court has held that repeated notices seeking payment of outstanding dues cannot substitute a proper notice informing a contractor that failure to comply could result in blacklisting or debarment from future tenders.The bench of Justice Anoop Kumar Dhand set aside an order against the petitioner that debarred its participation in any further tenders of the...

Biological Father Can Adopt His Own Illegitimate Son Under 'Hindu Adoption And Maintenance Act': Allahabad High Court
The Allahabad High Court has held that a Hindu male is not prohibited under the Hindu Adoptions and Maintenance Act, 1956, from adopting his own illegitimate son merely because he is the child's biological father.A bench Justice Arun Kumar held so while deciding a second appeal concerning an adoption allegedly made in 1970. The Court upheld the concurrent findings of the courts below that...

Married Couple Can Opt For IVF If One Spouse Is Within Upper Age Limit Prescribed Under ART Act: Gujarat High Court
The Gujarat High Court permitted a married couple to opt for In Vitro Fertilization (IVF) to conceive a child who were denied the same by authorities on ground of the wife crossing the upper age limit of 50 years prescribed under the Assisted Reproductive Technology Act, even though the husband was within the age limit of 55 years. [2026 LiveLaw (Guj) 235]In doing so, the court referred...

Insurer Must Pay Third-Party Compensation Despite Premium Cheque Dishonour If Cancellation Not Informed To RTA: Bombay High Court
The Bombay High Court at Nagpur has held that an insurance company cannot escape its statutory liability towards a third party merely because the insurance premium cheque was dishonoured, if the insurer failed to inform the Regional Transport Authority (RTA) about the policy's cancellation. Justice Pravin S. Patil referred to the Supreme Court's ruling in Oriental Insurance Co. Ltd. vs...

Complaint Over Use Of Vehicle For 'Illegal Mining' Not Maintainable Before Magistrate, Session Court Is Correct Forum: Gujarat High Court
The Gujarat High Court has held that a complaint over illegal mining in respect of a seized vehicle must be lodged before the Sessions Court as mandated under Rule 12(2)(b)(ii) Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules and that such a complaint can't be filed before magistrate court. [2026 LiveLaw (Guj) 234]As per Rule 12(2)(b)(ii) makes it obligatory...

SDM Cannot Halt Panchayat Samiti Chairman Election Over Horse-Trading Allegations: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that a Sub-Divisional Magistrate cannot halt the election of Chairman and Vice-Chairman of a Panchayat Samiti on the ground that allegations of electoral irregularities or malpractices are pending police inquiry. The Court termed the SDM's action in deferring the election as “wholly untenable, manifestly illegal and contrary to rule of law”,...

Rajasthan High Court Warns UGC Of Contempt For Failure To Implement Fresh Exam Directions For Students With Suspended Degrees
The Rajasthan High Court has issued contempt warning to UGC officials in case of their failure to comply with the directions to conduct fresh examination for students whose diplomas/ degrees/ qualifications, obtained from various distance education centres of deemed universities were nullified by an order of the Court dated January 1, 2024.The division bench of Dr. Justice Pushpendra Singh...

Delayed Birth Registration Beyond One Year Can Only Be Ordered By Judicial Magistrate First Class: Bombay High Court
The Bombay High Court has held that a birth which has not been registered within one year of its occurrence can be registered only on an order of a Judicial Magistrate of the First Class under Section 13(3) of the Registration of Births and Deaths Act, 1969. The Court observed that an Executive Magistrate or Mamlatdar cannot exercise jurisdiction for delayed registration beyond one year,...
