Property Purchaser Can't Seek Enforcement Of Sale Deed After Failing To Deposit Balance Amount For 20 Years: Allahabad High Court

The Allahabad High Court has held that a property purchaser cannot seek enforcement of a sale deed after failing to deposit the balance sale consideration for 20 years. In doing so the court quashed an order granting time to a purchaser, whose suit for specific performance was decreed, to deposit the balance sale amount after noting that he waited for 20 years to move the plea for extension...

Child Adopted By Widow Can Inherit Her Deceased Husband's Property: Allahabad High Court

The Allahabad High Court has reiterated that a son adopted by a widow after the death of her husband is to be treated as the adopted son of the deceased husband as well, and inherits the husband's share.Following High Court's earlier judgment in Subhash Misir U/G of Sri Janardan Tewari Vs. Thagai Misir, Justice Chandra Kumar Rai held,“This Court in the case reported in 1966 RD 255 Subhash...

Caste Certificate | Rejection Put Up On Department Website Recording Only 'Lack Of Evidence' Is Not A 'Speaking Order': Allahabad High Court

The Allahabad High Court has held that the display of a rejection letter on the official website of the department, recording nothing beyond lack of evidence, is not a 'speaking order' and cannot sustain the rejection of an application for a caste certificate. It added that an order which is not communicated to the person concerned does not become effective.Further, it held that the duty...

Plea Of Res Judicata Need Not Be Decided At Threshold In Small Causes Suits: Allahabad High Court

The Allahabad High Court has held that a defendant in a suit before a Court of Small Causes cannot insist, as a matter of right, that his plea of res judicata be decided at the threshold. It held that whether such a plea is taken up first depends on the nature of the enquiry it calls for, and where it turns on disputed facts, it must be decided along with the rest of the suit.Section 11 of...

Sale Deed Not Invalid Just Because Consideration Not Paid : Supreme Court

The Supreme Court recently ruled that an actual payment of the sale consideration at the time of execution is not necessary for completion of the sale; and the remedy against the non-payment of the balance consideration would be to file a money recovery suit rather than seeking a cancellation of sale deed.“When a sale deed is registered, even upon part payment of the sale price, title...

Land Acquisition | Awards From Different Villages Can Be Relevant To Determine Compensation If Location Is Comparable: Allahabad High Court

The Allahabad High Court has held that even where the principle of 'same village and same notification' does not strictly apply, the location of the land dealt with in earlier judgments can be relevant consideration for determining compensation under the Land Acquisition Act, 1894.The Court relied on two Supreme Court decisions on land in another village, acquired under earlier...

Allahabad High Court Imposes ₹2.5 Lakh Costs On Builder For Harassing Homebuyer For 13 Yrs Through Frivolous Litigation

The Allahabad High Court has imposed a cost of Rs. 2.5 Lakhs on a builder for making the homebuyer go through multiple rounds of frivolous litigation for 13 long years. Justice Prashant Kumar held,“Taking note of the hardships and vulnerabilities faced by home-buyers, the Government of India had enacted the Real Estate (Regulation and Development) Act, 2016 with the object of ensuring...

Fill Vacant Posts In Rajasthan Civil Services Appellate Tribunal Or DoP Principal Secretary Must Appear: Rajasthan High Court

The Rajasthan High Court has directed the Principal Secretary, Department of Personnel (DoP) to remain personally present before it if appointments to the vacant posts in the Rajasthan Civil Services Appellate Tribunal, Jaipur, are not made before the next date of hearing.A division bench of Justice Inderjeet Singh and Justice Sandeep Taneja passed the direction after recording the statement...

Mere Non-Payment Of Electricity Dues Not 'Electricity Theft' Without Proof Of Meter Tampering: Patna High Court

The Patna High Court has held that mere non-payment of electricity dues does not amount to electricity theft under Section 135 of the Electricity Act, 2003, where there is no material to show that the connection had actually been disconnected or that the consumer had tampered with the meter.A Single Judge Bench of Justice Jitendra Kumar observed that while the consumer could be liable to pay...

RTI Applicant Not Conversant With Language Of Info Can't Be Accompanied By 'Third Party' To Inspect Records: Gujarat High Court

The Gujarat High Court recently observed that if an RTI applicant seeking certain information is not conversant with the language or the contents of the information sought, then permitting another person accompanying the applicant during inspection of records would prima facie amount to providing information to a third party. [2026 LiveLaw (Guj) 218]In doing so the court permitted an...

Chotanagpur Tenancy Act | Restoration Proceedings Must Be Initiated Within Reasonable Time; Final Orders Cannot Be Reopened: Jharkhand High Court

The Jharkhand High Court has held that although Section 71A of the Chotanagpur Tenancy Act does not prescribe a limitation period, restoration proceedings must nevertheless be initiated within a reasonable time. The Court also held that once an order passed in a restoration proceeding has attained finality, it cannot be reopened in subsequent proceedings.A Single Judge Bench of Justice...

'Restore Heritage Of Pink City': Rajasthan High Court Orders Crackdown On Illegal Constructions In Jaipur

The Rajasthan High Court has directed the authorities to take immediate steps to stop illegal constructions in Jaipur and restore the heritage character of the Pink City.A division bench of Justice Inderjeet Singh and Justice Sandeep Taneja, hearing a petition seeking action against illegal constructions in the Walled City of Jaipur, directed the Commissioner, Nagar Nigam Jaipur, to look into...