No Record Of Property Being Enemy Or Evacuee Property, State Can't Stop Construction On Mere Allegations: Allahabad High Court

The Allahabad High Court has held that the State cannot stop construction on a land by merely alleging it to be evacuee property, without placing on record any document showing that the property was registered as evacuee property or that proceedings for its registration are pending.The bench of Justice Prakash Padia and Justice Vivek Saran held,“Since the respondents State has not brought...

Suit Not Liable To Dismissal For Want Of Permission To Sue In Representative Capacity, But Outcome Binds Only Parties: Allahabad High Court

The Allahabad High Court has held that a suit filed in a representative capacity under Order 1 Rule 8 CPC is not liable to be dismissed merely because the permission of the Court was never sought. It held that the only consequence is that it is treated as a suit by the plaintiffs alone, binding only the parties to it.Justice Saurabh Shyam Shamshery held,“As referred above, purpose of Order...

Non-Consensus Between Parties Can't Justify 7-Year Delay In Filing Appeal: Gujarat High Court

The Gujarat High Court refused to condone delay of over 7 years in filing an appeal against a trial court order concerning a civil suit, observing that non-consensus between petitioners over filing of appeal as well as Covid-19 pandemic were not sufficient causes to condone delay. [2026 LiveLaw (Guj) 272]The court was hearing a plea challenging an appellate court order which had dismissed...

Mere Entry Of Produce From Outside State For Processing Without Sale In Market Area Cannot Attract Development Cess: Uttarakhand High Court

The Uttarakhand High Court has held that mere bringing of agricultural produce from outside the State into a market area for manufacture or further processing, without any sale or purchase within the market area, cannot attract development cess. The Court held that the first proviso to Section 27(c)(v) of the Uttarakhand Agricultural Produce Marketing (Development and Regulation) Act, 2011...

AP High Court Permits Amendment Of Written Statement In Matrimonial Case After Trial Begins, Says Courts Should Not Be Hypertechnical

The Andhra Pradesh High Court has allowed a husband to amend his counter in proceedings under Section 9 of the Hindu Marriage Act, 1955, to correct inadvertent typographical mistakes.On a contextual reading of the pleading, the Court found that the disputed references were typographical errors. It held that courts should not adopt a “hyper technical approach” where such corrections...

Extra Excavation Alone Does Not Justify Royalty On Soil Unless Its Use As Minor Mineral Is Shown: Bombay High Court

The Bombay High Court had held that extra excavation of soil/earth during construction, by itself, does not make the excavated material a minor mineral so as to attract royalty. The Court observed that royalty cannot be imposed unless it is positively demonstrated, or clear inferences can be drawn, that the excavated material was used for purposes specified in the relevant notification....

Motor Accident Compensation Can Be Enhanced Even Without Claimants' Cross-Appeal If Insurer Challenges Quantum: Allahabad High Court

The Allahabad High Court has held that where an Insurance Company appeals against an award of the Motor Accident Claims Tribunal, the compensation can be enhanced even though the claimants have filed no appeal or cross-objection. It held that once the adequacy of the award is in question in the appeal, the Court is duty-bound to see whether what was awarded is 'just compensation' and to...

District Magistrate Alone Can Convene No-Confidence Meeting Against Cooperative Society Chairman: Allahabad High Court

The Allahabad High Court has held that the power to convene a meeting for consideration of a no-confidence motion against the Chairman of a cooperative society vests exclusively in the District Magistrate as the specified authority under Rule 465 of the U.P. Co-operative Societies Rules, 1968, and cannot be delegated or sub-delegated. It held that where any other officer fixes the time, date...

Sale Deed Cancellation Alone Doesn't Permit Dispossession Without Eviction Order: Allahabad High Court

The Allahabad High Court has held that a decree which only cancels a sale deed, and carries no direction for eviction or delivery of possession, does not authorise the decree-holder to remove the occupant from the property. It held that a person in long and settled possession makes out a prima facie case for temporary injunction even where the sale deed on which his claim of title rests...

Subsequent Abeyance Of Debarment Can't Retrospectively Make Bidder Eligible On Bid Due Date: Allahabad High Court

The Allahabad High Court has held that where a tender document declares an entity ineligible to bid if a governmental debarment subsists on the bid due date, an order later keeping that debarment in abeyance operates only from the date it is passed and does not relate back to make the bidder eligible on the due date.Clause 2.1.18 of the Request for Proposal provided that an entity barred by...

Unregistered Relinquishment Deed Cannot Transfer Title: Chhattisgarh High Court Dismisses Challenge To Revenue Board Order

The Chhattisgarh High Court has held that a relinquishment deed transferring title to immovable property must be registered and that an unregistered relinquishment deed cannot transfer title even if it was executed in the presence of witnesses. The Court accordingly dismissed a petition challenging the Board of Revenue's order, which had affirmed the setting aside of a mutation based on...

Legal Heirs Of 'Korfa' Cultivator Cannot Claim Compensation Decades After Cultivation Ceased: Tripura High Court

The Tripura High Court has held that legal heirs of a 'Korfa' or under-raiyat cannot claim a share in land acquisition compensation merely on the basis of old revenue records when there is no evidence that they continued cultivation or possessed a subsisting tenancy right on the date of acquisition.Justice Dr. T. Amarnath Goud remarked that: “The petitioner/legal heirs cannot enter into...