Partition Of Joint Family Property Not 'Transfer' Under Senior Citizens Act, Can't Be Cancelled For Failure To Maintain Parents: AP High Court

The Andhra Pradesh High Court has held that partition of a joint family property does not amount to "transfer of property" under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and hence such a registered partition deed cannot be cancelled for failure to maintain senior citizen parents, by invoking Section 23 of the Act. [2026 LiveLaw (AP) 123]In doing so the court held...

Jharkhand High Court Directs State To Complete Jonha Waterfall Approach Road Within 6 Months, Cites Letter By Villagers Flagging Issues

The Jharkhand High Court has directed the State Government to complete the strengthening, widening and metal paving of the approach road to Jonha Waterfall within six months, while hearing a suo motu public interest litigation initiated on the basis of a letter sent by a villager highlighting the miserable condition of the road.A Division Bench comprising Chief Justice M.S. Sonak and...

Bombay High Court Upholds Member's Expulsion From Mumbai Press Club For Facilitating Meeting Of Bhima-Koregaon Accused

The Bombay High Court has refused to stay the expulsion of a member from the Mumbai Press Club, holding that it is the prerogative of the Club to determine what conduct brings the institution into disrepute. The Court observed that where the Managing Committee has acted within its jurisdiction and followed the procedure prescribed by the Club's bye-laws, the Court cannot substitute its...

Oral Instructions Can't Override Statutory Duty: Bombay High Court Pulls Up Municipal Corp For Delaying Occupation Certificate

The Bombay High Court has expressed strong displeasure over the Municipal Corporation of Greater Mumbai (MCGM) keeping an application for an Occupation Certificate (OC) pending solely on the basis of alleged oral instructions issued by the Additional Chief Secretary. The Court observed that statutory authorities are required to act strictly in accordance with law and that oral instructions...

Unamended Pleading Loses Efficacy Once Amendment Is Allowed; Party Cannot Capitalise On Its Own Default: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has held that once an application for amendment is allowed and a direction is issued to file a fresh application within specified time, the unamended pleading loses its efficacy for adjudication.Assigning the reason to the observation, the court underscored that permitting reliance on the unamended version would defeat the very purpose of...

Tender Cancellation Clause Can't Be Used To Record Findings Of Forgery Without Hearing Bidder: Patna High Court

The Patna High Court has held that while a tendering authority may reserve the contractual power to cancel a tender without assigning reasons, such a clause cannot be used to record findings that a bidder indulged in forgery, fraud or other misconduct without first affording the bidder an opportunity of hearing. The Court held that once findings carrying a stigma and adverse civil...

Urban Land Ceiling Act | Landholder Can't Claim Protection To Retain Surplus Land If Possession Was Taken Before Repeal Act: Allahabad High Court

The Allahabad High Court has held that a landholder cannot claim the protection of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 to retain surplus land where possession had already been taken under the Urban Land (Ceiling and Regulation) Act, 1976 before the Repeal Act came into force. The Court also held that a writ petition challenging such ceiling proceedings, filed more than...

Petrol Pump Dealership Can't Be Cancelled On Mere Suspicion Of Tampering With Fuel Dispensing Unit: Allahabad High Court

The Allahabad High Court has held that a petrol pump dealership cannot be terminated on mere suspicion of tampering with fuel dispensing unit.Justice Irshad Ali added that the dealership cannot be terminated unless it is established with evidence that the alleged irregularity was capable of manipulating fuel delivery to the consumers, and that such manipulation was attributable to the...

UP Consolidation Of Holdings Act | Delay Caused By Statutory Ban On Land Transfers Doesn't Render Sale Deed Void: Allahabad High Court

The Allahabad High Court has held that a sale deed executed after the period fixed in a permission order granted under Section 5(1)(c)(ii) of the U.P. Consolidation of Holdings Act, 1953 cannot be treated as void where the delay in execution was caused by a statutory restriction on the transfer of agricultural land in force at the relevant time. The Court held that mutation could not be...

Issue Going To Root Of Adjudicating Authority's Jurisdiction Doesn't Automatically Warrant Local Investigation: Allahabad High Court

The Allahabad High Court has held that the appointment of a Commissioner for local investigation under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 cannot be claimed as a matter of right, and does not become mandatory merely because the question it is sought to prove goes to the root of the adjudicating authority's jurisdiction. The Court held that a commission...

Election Petition Filed After Vacation Not Time-Barred In Absence Of Notification Permitting Filing During Vacation: Allahabad High Court

The Allahabad High Court has held that an election petition challenging the election of a Corporator under the U.P. Municipal Corporation Act, 1959, filed on the reopening of the District Court after the summer vacation, is within limitation by virtue of Section 10 of the U.P. General Clauses Act, 1904, where the 30-day limitation period expired during the vacation. It further held that...

Co-Operative Societies Act | Strangers Can Be Impleaded In Society Dispute If Necessary For Adjudication: Bombay High Court

The Bombay High Court has held that a Co-operative Court exercising powers under Section 94(3)(c) of the Maharashtra Co-operative Societies Act, 1960 can implead a person who is not covered by the categories enumerated under Section 91(1)(a) to (e), if such person's presence is necessary for the effective and complete adjudication of the questions involved in the dispute. The Court,...