Waqf Board Can't Appoint Ad-Hoc Panel To Manage Waqf Institution By Bypassing Statutory Rules: Karnataka High Court

The Dharwad Bench of the Karnataka High Court quashed an Office Memorandum issued by the State Board of Auqaf constituting an ad-hoc committee for eleven months to manage and supervise a waqf institution, holding that the Board bypassed the statutory mechanism under the Karnataka Wakf Rules, 2017.Justice Sachin Shankar Magadum was hearing a plea moved by the President and Secretary of the...

Married Daughter Cannot Continue Pending Compensation Claim Filed By Mother Under Employees Compensation Act: Chhattisgarh High Court

The Chhattisgarh High Court has held that a married daughter, who is not a “dependant” under Section 2(1)(d) of the Employees' Compensation Act, 1923, cannot continue a pending compensation claim filed by her mother, who died before the award was passed. The Court observed that had the award been passed in favour of the mother during her lifetime, the daughter could have claimed it as part...

'Basis Washed Away': Orissa High Court Directs Reconsideration Of Judge's Adverse Service Record

The Orissa High Court has allowed the writ petition filed by its former Registrar (Judicial) seeking to expunge adverse remarks recorded by the then Chief Justice in his annual Confidential Character Roll (CCR) basing upon serious charges levelled against him in a disciplinary proceeding. [2026 LiveLaw (Ori) 108]The Division Bench of Justice Manash Ranjan Pathak and Justice Sibo Sankar...

Article 227 Petition Maintainable Against Small Causes Court's Refusal To Stay Suit Under Section 10 CPC: Allahabad High Court

The Allahabad High Court has held that an order rejecting an application under Section 10 read with Section 151 CPC, seeking stay of a suit pending before a Court of Small Causes, does not constitute a “case decided” within the meaning of Section 25 of the Provincial Small Cause Courts Act, 1887. It held that since the revisional remedy under Section 25 was therefore not available, a...

Daughter-In-Law Not Liable When Senior Citizen's Own Children Alive: Kerala High Court

The Kerala High Court recently held that a daughter-in-law is not liable under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 when the senior citizen's children are alive. [2026 LiveLaw (Ker) 499]Justice Harisankar V. Menon observed that a daughter-in-law would not fall within the definition of 'child' nor 'relative' under the Act when the senior citizen has other...

No Straitjacket Formula For Condoning Delay In Written Statement In Non-Commercial Suits: Rajasthan High Court

The Rajasthan High Court has upheld a trial court's decision to condone the delay in filing a written statement in a non-commercial civil suit, observing that the timeline under Order VIII Rule 1 CPC is directory and not mandatory, and that there can be no straitjacket formula for deciding whether a delayed written statement should be accepted.The bench of Justice Sudesh Bansal held that...

Order XI CPC Discovery Can't Be Used To Collect Evidence Available In Public Domain, Law Doesn't Aid Indolent: Rajasthan High Court

The Rajasthan High Court has observed that the mechanism of discovery and production of documents under Order XI, Rules 12 and 14 of CPC, could not be invoked merely because a litigant found it convenient to obtain evidence though the opposite party, especially when such evidence was otherwise reasonably accessible to them. “The processes of court cannot be made a handmaiden of...

Suit Not Maintainable To Recover Money Paid For Illegal Purpose, Must Be Rejected Under O VII R 11 CPC : Supreme Court

The Supreme Court has recently held that where a plaint itself discloses that the money sought to be recovered was paid for an illegal and fraudulent purpose, the suit is barred by the of in pari delicto and the plaint is liable to be rejected under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 (CPC).A bench of Justice Ahsanuddin Amanullah and Justice Manmohan ruled so while...

Independent Title Claim Doesn't Make Person Necessary Party In Small Causes Eviction Suit: Allahabad High Court

The Allahabad High Court has held that a third person asserting an independent title over a rented property does not become a necessary or proper party to an eviction suit before the Small Causes Court only because that title clashes with the landlord's. It held that impleadment under Order I Rule 10 of the Code of Civil Procedure, 1908 cannot be used to carry a separate title dispute into a...

Order 9 Rule 13 CPC | Limitation Must Be Decided Before Setting Aside Ex Parte Decree, Failure A Jurisdictional Error: Allahabad High Court

The Allahabad High Court has held that a court hearing an application to set aside an ex parte decree must decide the question of limitation first, and allowing an application filed 21 years late without any finding on the cause of the delay is a jurisdictional error. It held that until the delay is condoned there is no application before the court in the eye of law.Order IX Rule 13 of the...

Govt Servant Who Resigned To Contest Election Can't Withdraw Resignation After Losing Poll: Rajasthan High Court

The Rajasthan High Court has held that a government employee could not be said to have remained politically neutral, as was mandated under Rule 3(1)(vii) of the CCS (Conduct) Rules, 1964 (“Rules”), if s/he contested elections as an official candidate of a political party.Rule 3(1)(vii), provides that a government servant shall, at all times, maintain political neutrality. The division...

Defence In Written Statement Can't Be Converted Into Ground For Rejection Of Plaint Under Order 7 Rule 11 CPC: Allahabad High Court

The Allahabad High Court has held that a defence which, if established, may defeat the plaintiff's claim cannot ordinarily be converted into a ground for rejection of the plaint under Order VII Rule 11(a) of the Code of Civil Procedure. It held that the enquiry rests on the averments in the plaint alone and pleas taken by a defendant in his written statement are not relevant to deciding...