Civil Law

Agreement Where Developer Retains Share In Property Is Not Pure Construction Contract; Specific Performance Not Barred: Bombay High Court
The Bombay High Court has held that a development agreement under which the developer is to develop the entire plot, hand over 50% of the area to the owner and retain the balance 50% cannot be construed as a pure construction contract for applying Section 14(3)(c) of the Specific Relief Act. The Court observed that when there was no clause in the agreement requiring satisfaction of...

Advertisement Boards On Road Dividers Must Be At Least 12 Feet Above Road Surface: Jharkhand High Court
The Jharkhand High Court has directed the Ranchi Municipal Corporation (RMC) to ensure that advertisement boards fixed on streetlight or electricity poles on road dividers are placed at least 12 feet above the road surface.A Single Judge Bench comprising of Justice Ananda Sen held that advertisement boards placed at a low height pose a danger to commuters and can also create blind spots....

Rajasthan High Court Quashes ₹2.25 Crore Security Bond Imposed 'Without Reasons' For Issuing Succession Certificate
The Rajasthan High Court has held that while exercising discretionary powers under Section 375 of the Indian Succession Act, 1925, a District Judge must record at least some justification or reasons before imposing a condition requiring an applicant to furnish a security bond for the grant of a succession certificate.The bench of Justice Sudesh Bansal set aside the order of the trial court...

Karnataka High Court Directs Statistical Institute To Construct Disabled-Friendly Quarters Within 2 Yrs, Irrespective Of Fund Availability
The Karnataka High Court has directed Bengaluru's Indian Statistical Institute to complete the proposed construction of disabled-friendly accommodation within two years, notwithstanding the availability of funds. [2026 LiveLaw (Kar) 297]The court passed the order in a plea by a specially abled Associate Professor working with the institute who had sought various reliefs including direction to...

Madras High Court Orders Demolition Of Church, Says Land Reserved For Community Hall Can't Be Diverted
Holding that land earmarked as 'Community Hall' or for any specific purpose by Town Planning Authority cannot be used for any other purpose including public purpose, the Madras High Court directed the Greater Chennai Corporation to demolish a church illegally built on such land within 2 weeks. [2026 LiveLaw (Mad) 386]The Court found that the disputed land, measuring about 15 grounds and...

Composite Appeal Against Common Judgment In Suits By Same Plaintiff Is Maintainable: Supreme Court
The Supreme Court on Wednesday (August 12) held that a composite appeal against a common judgment passed in the suits filed by the same plaintiff would be maintainable. A bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar set aside the Karnataka High Court's judgment, which had interfered with the First Appellate Court's decision to entertain a composite appeal filed by the...

Bombay High Court Pulls Up CIDCO For 'Obstinate Approach' To Avoid Land Acquisition Compensation Payment
The Bombay High Court has expressed its displeasure at the City and Industrial Development Corporation of Maharashtra Limited (CIDCO) for attempting to avoid payment of compensation to the petitioners. The Court treated the assurance of payment given by the CIDCO as an undertaking given to the Court and directed the State authorities to disburse the amount to the petitioners.A Division Bench...

Commercial Auction | Buyer Must Inspect Site Before Bidding; Can't Later Object Over Location Or Construction Impediments: Allahabad High Court
The Allahabad High Court has held that an investor must be conscious of entire transaction when a commercial plot is bought on “as is where is” basis. It held that physical verification of the site is reasonably expected of a prudent person when plot is being bought through auction.The bench of Justice Mahesh Chandra Tripathi and Justice Kunal Ravi Singh held,“When the commercial plots...

Supreme Court Deprecates Courts Holding 'Mini-Trials' In Temporary Injunction Matters
The Court said that the injunction order must be confined to a prima facie case, balance of convenience, and irreparable Injury.

Passing Erroneous Quasi-Judicial Order Without Mala Fides, Corruption Not Misconduct: Rajasthan High Court
The Rajasthan High Court has set aside the disciplinary proceedings and the penalty imposed on a retired officer of the Rajasthan Administrative Service, who was accused of passing a wrongful decree in a tenancy suit and erroneous exercise of jurisdiction, opining that an alleged erroneous quasi-judicial order was not misconduct.The bench of Justice Mukesh Rajpurohit observed that...

Burden On State To Prove Land Is Irrigated Before Declaring It Surplus Under Ceiling Act: Allahabad High Court
The Allahabad High Court has held that a finding that a tenure-holder's land is irrigated for the purposes of Section 4-A of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 must rest upon the Khasra entries of Fasli years 1378, 1379 and 1380, and where the State fails to produce those records, a declaration of surplus land founded on such a finding is a finding based on...

Unregistered Holographic Will With Minor Corrections Not Suspicious Circumstance If Testator's Signature Undisputed: Madras High Court
The Madras High Court has held that minor corrections, interpolations, use of different ink and non-registration of a holographic Will cannot, by itself, constitute suspicious circumstances when the testator's handwriting and signature are undisputed and the document indicates that the testator consciously applied his mind while making the bequests. [2026 LiveLaw (Mad) 384]It was contended...
