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...

Member Of Joint Hindu Family Can Acquire Separate Property From Own Funds; Other Coparceners Can't Claim Interest: Allahabad High Court

The Allahabad High Court has held that the mere existence of a joint Hindu family does not raise presumption that a particular holding is a joint family property. It held that a member of a joint Hindu family can acquire and hold property exclusively in his own name. It held that other members cannot be granted co-tenancy rights over such a holding unless they prove that it was acquired from...

'Evaded Payment For 16 Years': Kerala High Court Rejects Cop's Appeals Against Compensation Award To Lawyer He Assaulted

The Kerala High Court recently dismissed two second appeals preferred by a police officer, who was directed to pay compensation to a lawyer who he had assaulted in 2010. [2026 LiveLaw (Ker) 379]Justice Easwaran S. observed that there are no substantial questions of law raised in the regular second appeals and that the same were bereft of merits.“The dispute started in the year 2010. For...

Ex-Parte Administrative Order Can't Undo Mutation Carried Out Pursuant To Competent Court's Decree: Allahabad High Court

The Allahabad High Court has held that an order recording a mutation (Parwana Amaldaramad) which gives effect to a decree of a competent court that has attained finality, cannot be recalled by an administrative order. While dealing with a case where the order of mutation was set aside ex-parte after lapse of 24 years, without issuing notices to the party, Justice Prakash Padia...