Failure To Serve Order XXI Rule 22 Notice Won't Impact DRT Auction Sale : Supreme Court

The Supreme Court has held that the requirement to serve a legal notice on the judgment debtor's legal representatives under Order XXI Rule 22 CPC before execution of a decree does not apply to an auction sale conducted by the DRT under the Recovery of Debts and Bankruptcy Act, 1993. A bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe heard the case where the...

CPC | Residential Property Exemption u/s 60(1)(ccc) Is Personal To Judgment-Debtor; LR Can't Claim : Supreme Court

The Supreme Court has observed that a plea filed by a judgment-debtor's legal representative seeking an exemption from an attachment of the judgment-debtor's main residential house would not be maintainable under Section 60(1)(ccc) of the Code of Civil Procedure, 1908 [which is applicable in Punjab and Delhi]. A bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe held that...

Zamindari Abolition Act | Land Claims Must Be Decided On Entire Chain Of Revenue Records, Not Isolated Entry: Allahabad High Court

The Allahabad High Court has held that a claim under Section 229B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 has to be decided on the entire chain of revenue records. It held that a finding returned by isolating a single entry while leaving out continuous Khatauni entries running across several Faslis is perverse in law and cannot be sustained.Section 229B of the U.P....

Allottee Who Knowingly Took Lease Of Lesser Area Can't Claim Benefit Of Zero Period In Entirety: Allahabad High Court

The Allahabad High Court has held that a developer who took a lease of a smaller, scattered part of the land allotted to it, knowing the balance was not in the development authority's possession, cannot claim the benefit of “zero period” in its entirety, even where the authority was itself in default. Zero period is a concession granted to allottees of stalled group housing projects...

Where Idol Was Never Installed, No Juristic Person Came Into Existence; Devotion Alone Gives No Locus To Sue For Deity: Allahabad High Court

The Allahabad High Court has held that where a deed of gift stipulates only that an idol will be installed on the property in future and no idol is ever consecrated or installed, no juristic person comes into existence in whom the property can vest, and persons professing devotion to the deity have no locus standi to sue on its behalf.Justice Anil Kumar-X held,“However, the...

Requisition & Proposal Must Be Served Upon Sarpanch Along With Notice While Convening His Removal: Orissa High Court

The Orissa High Court has recently held that it is mandatory for Sub-Divisional Magistrate (SDM) to serve the copies of requisition signed by at least one-third of the total membership of the Grama Panchayat along with the removal resolution, while serving the notice of meeting on the Sarpanch against whom a 'no-confidence motion' is proposed. [2026 LiveLaw (Ori) 95]Elucidating the...

Lowest Or Sole Bidder Has No Vested Right To Contract Until Letter Of Acceptance Is Issued: Patna High Court

The Patna High Court has held that merely emerging as the lowest or sole successful bidder does not give a bidder a vested right to the contract. Such a right does not arise until the competent authority accepts the bid and communicates its acceptance.A Division Bench of Acting Chief Justice Sudhir Singh and Justice Rajesh Kumar Verma said that until then, a bidder only has a right to fair...

Father Gifting Daughter Property As Part Of Matrimonial Settlement Not Joint Family Property Without Proof: Madras High Court

The Madras High Court has held that a father gifting property to his daughter when she was a minor by way of a gift deed as part of matrimonial settlement proceedings, cannot be treated as part of joint family property unless it is proved to have been purchased from joint family fund. [2026 LiveLaw (Mad) 388]A Division Bench of Justice N. Sathish Kumar and Justice M. Jothiraman was hearing...

Does Tenancy End On Execution Of Agreement To Sell Between Landord-Tenant? Supreme Court Answers

The Court has laid down principles on tenancy determination post-agreement to sell.

Agreement Where Developer Retains Share In Property Is Not Pure Construction Contract; Specific Performance Not Barred: Bombay High Court

The Bombay High Court has held that a development agreement under which the developer is to develop the entire plot, hand over 50% of the area to the owner and retain the balance 50% cannot be construed as a pure construction contract for applying Section 14(3)(c) of the Specific Relief Act. The Court observed that when there was no clause in the agreement requiring satisfaction of...

Advertisement Boards On Road Dividers Must Be At Least 12 Feet Above Road Surface: Jharkhand High Court

The Jharkhand High Court has directed the Ranchi Municipal Corporation (RMC) to ensure that advertisement boards fixed on streetlight or electricity poles on road dividers are placed at least 12 feet above the road surface.A Single Judge Bench comprising of Justice Ananda Sen held that advertisement boards placed at a low height pose a danger to commuters and can also create blind spots....

Rajasthan High Court Quashes ₹2.25 Crore Security Bond Imposed 'Without Reasons' For Issuing Succession Certificate

The Rajasthan High Court has held that while exercising discretionary powers under Section 375 of the Indian Succession Act, 1925, a District Judge must record at least some justification or reasons before imposing a condition requiring an applicant to furnish a security bond for the grant of a succession certificate.The bench of Justice Sudesh Bansal set aside the order of the trial court...