Civil Law
Family Of Authorised Catering Hawker Who Fell From Train Entitled To Compensation Under Railways Act: Gujarat High Court
The Gujarat High Court has upheld an order holding that an authorized hawker employed for catering service by the Railways is entitled to accident compensation under the Railways Act. [2026 LiveLaw (Guj) 173]In doing so the court upheld an order passed by the Railway Tribunal granting compensation to the wife of deceased man employed by catering company, who had died after he fell from a...
Printing "Maha Value" On Pepsi Bottles Not 'Misbranding' Under Food Safety Act Unless Proven To Be Misleading: Uttarakhand High Court
The Uttarakhand High Court has held that merely printing the phrase "Maha Value" on a food packet does not amount to misbranding under the Food Safety and Standards Act, 2006 unless it is established that the statement is false, misleading or deceptive. The Court observed that it is for the prosecution to prove how the impugned expression misleads consumers and a finding of misbranding...
Delhi High Court Refuses To Quash Show Cause Notice Proposing CAG Audit Of BSES Discoms
The Delhi High Court has refused to quash a show cause notice issued by the Delhi government proposing CAG audit of power distribution companies BSES Rajdhani Power Limited (BRPL) and BSES Yamuna Power Limited (BYPL).Justice Tejas Karia held that a writ petition challenging a show cause notice is ordinarily not maintainable.The judge further observed that the impugned notice merely called...
Kerala High Court Bars Construction Of Commercial Kiosks On Kochi's Queen's Walkway, Cites Pedestrians' Right To Unobstructed Access
The Kerala High Court on Monday (June 22) allowed the plea filed by the Tritvam Apartment Owners Association against the proposed construction of 20 commercial kiosks in the Queen's Walkway. [2026 LiveLaw (Ker) 339]Justice Bechu Kurian Thomas pronounced that the Goshree Islands Development Authority (GIDA) do not have any right to construct, install or operate commercial kiosks on the...
Election Petition Cannot Be Rejected Under Order VII Rule 11 CPC Merely Because Accompanying Affidavit Is Defective: Uttarakhand HC
The Uttarakhand High Court has held that the requirement to file an affidavit under the proviso to Section 83(1)(c) of the Representation of the People Act, 1951 is not mandatory and that it is sufficient if there is substantial compliance. Further, reiterating the principle established in various precedents, the Court held that a defect, if any in the affidavit filed with the election...
Kerala High Court Closes Plea On GLC Kozhikode's BCI Affiliation After Provisional Recognition, Asks Principal To Obtain Regular Affiliation
The Kerala High Court on Monday (June 22) closed the plea filed relating to the issue of lack of Bar Council of India (BCI) affiliation for the Government Law College, Kozhikode after noting that provisional affiliation was granted to the college. [2026 LiveLaw (Ker) 338] Justice Bechu Kurian Thomas closed the plea after noting that the BCI has issued a letter granting 6-months' affiliation...
AP High Court Upholds Registered Will As Last Testament, Rejects Rival Unregistered Will Citing Suspicious Circumstances
The Andhra Pradesh High Court has held that in a dispute involving rival Wills, an unregistered Will surrounded by suspicious circumstances cannot displace a duly proved registered Will, and the “latest valid testament” would prevail when earlier document is not established in accordance with law. [2026 LiveLaw (AP) 104]A Single Judge Bench of Justice V. Gopala Krishna Rao dismissed an...
Debarred Bidder Can't Participate In Tender Even If Contract Period Begins After Debarment Ends: Delhi High Court
The Delhi High Court has held that a bidder debarred from participating in tenders cannot be permitted to submit a bid merely because the contract under the tender would commence after the debarment period expires.The division bench of Justices Tejas Karia and Madhu Jain dismissed a writ petition filed by an infrastructure company, holding that the relevant consideration is whether the...
LiveLaw Explainer| Key Principles Of Constructive Res Judicata
The Supreme Court has reiterated that the doctrine of constructive res judicata, embodied in Explanation IV to Section 11 of the Code of Civil Procedure, is aimed at preventing parties from litigating in instalments and ensuring finality in judicial proceedings. Drawing from a long line of authorities including Kameswar Pershad v. Rajkumari Ruttun Koer, Daryao v. State of Uttar Pradesh 1961...
Plaintiff Who Fails To Perform Essential Terms Of Contract Cannot Seek Specific Performance U/S 16(c) Specific Relief Act: Patna HC
The Patna High Court has held that a plaintiff who fails to perform the essential terms of a contract and is unable to demonstrate readiness and willingness to perform his obligations is disentitled from seeking specific performance under Section 16(c) of the Specific Relief Act, 1963.A Single Judge Bench of Justice Jitendra Kumar was hearing a first appeal filed by the defendant against...