Civil Law
Voter Names Can't Be Excluded From Electoral Rolls Due To 'Political Intervention': Rajasthan High Court
Rajasthan High Court granted relief to the petitioner whose application for transferring name in the electoral roll of a ward, basis her place of residence, was arbitrarily rejected after being accepted earlier on the same day, without assigning any reasons or an opportunity of hearing.The bench of Justice Anoop Kumar Dhand held that as per Rajasthan Panchayati Raj (Election) Act,...
Interim Protection Can Be Granted To Tenant Even Before Condoning Delay In Appeal Against Eviction Is Condoned: Allahabad High Court
The Allahabad High Court has held that an appellate court does not lose its power to grant interim protection in an appeal merely because the application for condonation of delay filed with that appeal is still undecided. An order preserving the subject matter of a proposed appeal, it held, stands apart from an order entertaining or deciding it.Dr. Justice Yogendra Kumar Srivastava...
Interest U/S 28 Of Land Acquisition Act Must Be Calculated On Enhanced Principal; Compounding Interest Impermissible: Bombay High Court
The Bombay High Court has held that interest under Section 28 of the Land Acquisition Act, 1894 is required to be calculated only on the enhanced amount of compensation and that unpaid interest cannot be added to the enhanced compensation for calculating further interestJustice Rohit W. Joshi was hearing a writ petition filed by the Maharashtra Industrial Development Corporation...
Legally Wedded Wife Entitled To Family Pension Despite Husband Nominating Sons Instead: Gujarat High Court
The Gujarat High Court has held that legally wedded wife's entitlement to family pension cannot be defeated even if the pensioner has nominated a third person thereby excluding her. [2026 LiveLaw (Guj) 229]Referring to division bench's decision in Abedakhatun Y. Malek v. Director of Pension and Provident Funds and Others (2011), Justice Niral R Mehta in his order said:"Upon perusal of...
Court-Framed Scheme To Manage Temple Trust U/S 92 CPC Prima Facie Valid Unless Altered By Karnataka Endowments Act: High Court
The Karnataka High Court has held that a committee constituted by a court under Section 92 CPC scheme to oversee management of a temple or charitable, religious trust would "prima facie" continue to operate unless the scheme is altered or modified in terms under the Karnataka Hindu Religious Institutions & Charitable Endowments Act (HRICE). In doing so the court stayed a single judge's...
Allahabad High Court Strikes Down Key Provisions Of UP's 2021 Tenancy Act; 1972 Rent Law Revives To Extent Required
In a significant judgment, the Allahabad High Court on Friday struck down key provisions of the UP Regulation of Urban Premises Tenancy Act, 2021, holding that its provisions on rent revision, rent determination and eviction are repugnant to existing Parliamentary law. A Bench of Justice Saumitra Dayal Singh and Justice Swarupama Chaturvedi held that Sections 8, 9 and 10 of the 2021 Act,...
Does Law Department Lack Administrative Control Over JDA Legal Officer? Rajasthan High Court Issues Notice, Stays Chargesheets
The Rajasthan High Court has issued notice on a plea challenging the jurisdiction of the Department of Law and Legal Affairs to initiate disciplinary proceedings against a legal officer posted with the Jaipur Development Authority (JDA), and stayed the operation of two chargesheets issued against him.The bench of Justice Anuroop Singhi was hearing a petition filed by Narendra Kumar...
Bihar Reservation Act Does Not Govern Reservation For Mukhiya Elections; Panchayat Raj Act Applies: Patna High Court
The Patna High Court has held that reservation in elections to the post of Mukhiya is governed by the Bihar Panchayat Raj Act, 2006 and not by the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991.A Single Judge Bench of Justice Partha Sarathy set aside the Caste Scrutiny Committee's decision and a...
Stamp Duty Deficiency Must Be Dealt With Forthwith; Trial Court Can't Keep Issue Pending For Years: Rajasthan High Court
The Rajasthan High Court has held that a trial court cannot allow a statutory objection concerning stamp duty to remain pending for years merely because the issue involves mixed questions of law and fact.The bench of Justice Farjand Ali clarified that while Order XIV Rule 2 CPC generally requires courts to decide all issues together, and it does not permit an objection that can be dealt...
26 Years Of Litigation: MP High Court Says Res Judicata Can't Apply When Earlier Adjudication Was Inconclusive
The Madhya Pradesh High Court has held that principle of res judiciata under Section 11 CPC would not apply where proceedings remanded for consideration remained undecided and adjudication remained inconclusive. [2026 LiveLaw (MP) 339]The appellant was appointed as daily wage employee in the Revenue Departmental of Municipal Corporation but his services were terminated 'illegally'. In his...
Order 7 Rule 11 CPC | Plaint Can Be Rejected At Threshold When Limitation Bar Is Obvious From Pleadings : Supreme Court
The Supreme Court has held that a plaint can be rejected at the threshold stage if the pleadings make it evident that the plaint is barred by limitation. “…the Court cannot be hesitant in granting relief of rejection of a plaint when it is so obvious from the pleadings itself.”, observed a bench of Justice JB Pardiwala and Justice K Vinod Chandran. The Court said that while limitation...