Civil Law
Rejection Of Amendment Plea Doesn't Bar Party From Raising Legal Contentions Arising From Existing Pleadings: Allahabad High Court
The Allahabad High Court has held that rejection of an application to amend pleadings under Order VI Rule 17 of the Code of Civil Procedure does not bar a party from advancing pure questions of law arising from the pleadings already on record at the stage of final hearing. It held that where the proposed amendment merely restates legal pleas already discernible from the pleadings and...
Revenue Officers Cannot Adjudicate Caste Status For Removing Tribal Land Protections: Bombay High Court
The Bombay High Court has held that revenue authorities cannot adjudicate or determine the caste or tribe status of a person while exercising powers under Sections 36 and 36A of the Maharashtra Land Revenue Code, 1966. The Court observed that the determination of Scheduled Tribe status lies exclusively with the Caste Scrutiny Committee, and a revenue officer cannot deprive a person or...
Passport Dispute From UP Can't Be Filed In Delhi Merely Because Ministry Of External Affairs Is Located Here: Delhi High Court
The Delhi High Court has held that a passport dispute cannot be brought before it merely because the Ministry of External Affairs (MEA) is located in the national capital. [2026 LiveLaw (Del) 645]Justice Swarana Kanta Sharma observed that territorial jurisdiction under Article 226 of the Constitution depends on whether any part of the cause of action arose within the court's...
Does Refusal By Family Members To Accept Court Notice Amount To Valid Service? Orissa High Court Answers
The Orissa High Court has reiterated that when an addressee refuses to receive summons/notice and the same is thus affixed to the outer door or some other conspicuous part of his house, the Court can presume its valid and sufficient service upon him as per illustration (f) of Section 114 of the Evidence Act read with Section 27 of the General Clauses Act and Order V Rule 9(5) as well as Rule...
Relative Allowed To Stay Gratuitously In House Can't Claim Tenancy Rights After Expiry Of Licence: Gujarat High Court
The Gujarat High Court dismissed a man's claim for possession over his relative's property despite expiry of 2-year license agreement, observing that the owner had permitted the defendant to stay at his premises gratuitously for a limited period and out of their relationship which cannot be used to claim tenancy rights. [2026 LiveLaw (Guj) 194]Justice JC Doshi noted that the defendant was in...
Voter's Choice Can't Be Ignored Merely Because Ballot Carried Tick Mark, Instead Of Prescribed Swastik Symbol: Telangana High Court
The Telangana High Court has held that a ballot paper bearing a tick mark (✓) instead of the prescribed "Swastik" mark could not have been rejected in the absence of any rule or bye-law mandating exclusive use of the Swastik symbol. [2026 LiveLaw (Tel) 102]Holding that election authorities cannot elevate "procedural formality over substantive democratic choice", the Court declared...
Know The Law | Does Delayed Payment By Auction Purchaser Invalidate Sale Under SARFAESI Act?
The Supreme Court has recently addressed an important question under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) concerning the validity of the auction sale in an event of delay in payment of the sale consideration by an auction purchaser, holding that the statutory timeline prescribed is mandatory in nature,...
High Court Sets Aside Punjab Power Corporation's 'Arbitrary' Tender Award For Quality Meters
The Punjab and Haryana High Court has set aside the Punjab State Power Corporation Limited's (PSPCL) award of a tender for 1,000 Class-A power quality meters to a private bidder, holding that the corporation acted "most arbitrarily" by placing the purchase order without the bidder having furnished the mandatory type test certificates required under the tender conditions — several of which...
Executive Instructions Can't Retrospectively Override Statutory Land Conversion Rules: Bombay High Court
The Bombay High Court has held that executive instructions cannot be applied retrospectively to invalidate a land conversion order validly passed under statutory rules. The Court observed that a Government Resolution cannot retrospectively override the Maharashtra Land Revenue (Conversion of Occupancy Class-II and Leasehold Lands into Occupancy Class-I Lands) Rules, 2019 or defeat vested...
Show Cause Lost Its Validity After Authority Executed Agreement Six Days Later: Patna High Court Sets Aside Contractor's Blacklisting
The Patna High Court has held that a show cause notice could not form the basis of a subsequent debarment order where the authority itself chose to execute an agreement merely six days after issuing the notice. Holding that debarment entails serious civil consequences, the Court set aside the order debarring the contractor for violation of the principles of natural justice.A Division Bench...
Appellate Court Can Enhance Interest Rate On Award Under Order 41 Rule 33 CPC Even Without Cross-Objection By Plaintiff: Bombay High Court
The Bombay High Court has held that a First Appellate Court is empowered under Order XLI Rule 33 of the Code of Civil Procedure, 1908, to enhance the rate of interest awarded by the trial court even in the absence of an appeal or cross-objection by the plaintiff. The Court observed that where the issue under Order 41 Rule 33 is specifically raised before the appellate court, the parties...
Govt Employees Can't Claim Right To Purchase Official Quarters Allotted During Service: Gujarat High Court
The Gujarat High Court has held that government employees cannot claim a right or insist that the official quarters allotted to them during service should be sold to them post retirement, adding that unauthorized occupation of Government quarters amounts to unlawful deprivation of scarce public resources. [2026 LiveLaw (Guj) 193]In doing so the court dismissed an appeal preferred by the...











