Civil Law
National Co-operative Consumers' Federation Excluded From Rent Control Protections Being PSU Under Rent Control Act: Bombay High Court
The Bombay High Court has held that the National Co-operative Consumers' Federation of India Ltd. (NCCF), a multi-state co-operative society, is functioning as an implementing agency of the Central Government, and qualifies as a "Public Sector Undertaking" for the purposes of Section 3(1)(b) of the Maharashtra Rent Control Act, 1999. The Court observed that the expression "Public...
Functional Disability Must Be Proven; Loss Of Four Fingers Doesn't Necessarily Result In Total Loss Of Earning Capacity: Delhi High Court
The Delhi High Court has held that amputation of a person's four fingers does not by itself establish a 100% loss of earning capacity under the Employees' Compensation Act, adding that functional disability must be assessed on the basis of the employee's vocation and evidence on record. [2026 LiveLaw (Del) 671]Justice Manoj Kumar Ohri thus reduced the claimant's loss of earning capacity from...
RTI Act | First Appellate Authority Not Deemed Public Information Officer Without Meeting S.5 Requirements: Chhattisgarh High Court
The Chhattisgarh High Court has held that a First Appellate Authority under the Right to Information Act, 2005 cannot be treated as a deemed Public Information Officer and subjected to penalty under Section 20(1) of the Act without satisfaction of the statutory requirements contained in Sections 5(4) and 5(5). The Court observed that the State Information Commission imposed a penalty...
Amendment To Correct Party Name, Property Value In Partition Suit Permissible After Trial Starts If Nature Of Suit Unchanged: AP High Court
The Andhra Pradesh High Court has held that an amendment application seeking to correct the plaintiff's name and the extent of a property in a partition suit cannot be refused merely because it is sought after commencement of trial, so long as it does not change the nature of the suit or prejudice the opposite party. [2026LiveLaw (AP) 142]In doing so, the Court allowed a revision...
All Legal Heirs Of Deceased Tenant Need Not Be Impleaded In Eviction Proceedings; One Co-Tenant Can Represent Entire Tenancy: Allahabad High Court
The Allahabad High Court has held that impleadment of every legal heir of a deceased tenant is not mandatory in eviction proceedings. It held that the tenancy of a deceased tenant devolves upon the heirs as a joint and indivisible unit, and effective representation of the tenancy by one co-tenant in possession suffices. It held that non-joinder of the remaining heirs not being fatal to...
HP High Court Directs State To Return Land Given For Government School After Closure Due To Zero Enrolment
The Himachal Pradesh High Court has held that the State cannot continue to retain land provided for the establishment of a government school after the very purpose for which it was given has been abandoned. Observing that the Education Department could not retain possession of the land following the closure of the school due to zero student enrolment, the Court directed the State to...
Registered Gift Deed Can't Be Unilaterally Revoked Before Sub-Registrar Without Approaching Civil Court: Andhra Pradesh High Court
The Andhra Pradesh High Court has held that a registered gift deed, once accepted by the donee, cannot be unilaterally revoked by the donor through a revocation deed executed before the Sub-Registrar, and that such revocation deeds are void unless the gift is first set aside by a competent civil court. [2026 LiveLaw (AP) 137]In doing so, the court held that there is no presumption that...
Subsequent Developments Can't Be Used To Bypass Writ Court Orders In Contempt Proceedings: Uttarakhand High Court
Holding that subsquent developments cannot be used to bypass orders of the writ court in contempt proceedings, the Uttarakhand High Court held the officials of State authority in contempt of an earlier order directing inclusion of a party in the tender process for a road contract. The court noted that the respondents by pleading new developments attempted to frustrate the order of writ court...
Motor Accident Appeal Can Be Withdrawn; Claimants Can't Seek Enhancement Of Compensation Without Cross-Appeal: AP High Court
The Andhra Pradesh High Court has held that while an appellant is ordinarily entitled to unconditionally withdraw an appeal under the CPC in a motor accident case, respondent party cannot insist that the appellate court decide the matter on merits in the absence of a cross-appeal or cross-objections. [2026 LiveLaw (AP) 134]At the same time, the Court held that where the appeal compelled...
Lessee Can't Be Forced To Pay Installments Accruing Due To State's Delay In Termination Of Mining Lease: Allahabad High Court
The Allahabad High Court has held that where a mining lessee defaults in paying royalty and thereby gives the State ground to terminate the lease, the State's unexplained delay in exercising its power to determine the lease under Rule 58 of the U.P. Minor Minerals (Concession) Rules, 1963 amounts to arbitrary action. It held that the lessee cannot be forced to pay the installments that fell...
Appeal Under UP Rent Act Not Maintainable Against Rejection Of Plea To Recall Ex-Parte Eviction Order: Allahabad High Court
The Allahabad High Court has held that an appeal under Section 22 of Uttar Pradesh Urban Buildings [Regulation of Letting, Rent and Eviction] Act, 1972 is not maintainable against an order rejecting an application for recall of an ex-parte release (eviction) order passed under Section 21(1)(a) of the Act. It held that such an order is referable to the procedural powers exercisable under...
Party Can't Be Granted Interim Relief Merely Because Opposing Counsel Failed To Answer Court's Query: AP High Court
The Andhra Pradesh High Court has held that a party cannot succeed on the weakness of the opposite party's case and must stand on the strength of its own case, observing that interim relief cannot be granted merely because the opposite party's counsel failed to answer a legal query posed by the Court. [2026 LiveLaw (AP) 132]Accordingly, it set aside a Single Judge's interim order in a...











