Civil Law

1976 Amendment To UP Ceiling Act Is Retrospective, Fresh Determination Of Surplus Land Not Barred By Res Judicata: Allahabad High Court
The Allahabad High Court has held that a decision rendered before 10th October 1975 does not operate as res judicata to bar fresh adjudication of surplus land under the U.P. Imposition of Ceiling on Land Holdings Act, 1960, as amended by the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1976.The Court observed that Section 38-B of the Act insulates fresh adjudication...

Temporary Stay Outside Gujarat Due To Parent's Transfer Can't Be Treated 'Break In Residence' To Deny Domicile Certificate: High Court
The Gujarat High Court has held that a student who is compelled to reside outside the State for a period of time on account of her father's transfer is entitled to domicile certificate and this period of time shall not be counted as "break in continuous residence" in the State for 10 years. [2026 LiveLaw (Guj) 207]For context, a domicile certificate is granted if the person seeking is...

UP Education Act | List Of Teachers Issued By Principal Not Seniority List; No Acquiescence For Failure To Object: Allahabad High Court
The Allahabad High Court has held that a list merely setting out the particulars of teachers working in an institution, issued by the Principal or by any authority other than the Committee of Management, cannot be treated as a seniority list under Regulation 3(1) of Chapter II of the Regulations framed under the U.P. Intermediate Education Act, 1921. It held that where no seniority list has...

Court Can't Proceed Ex-Parte Against Defendant For Not Filing Written Statement After Lawyer Appears And Files Vakalatnama: AP High Court
The proper course is to forfeit the defendant's right to file written statement and proceed with the suit, Court said.

Revenue Court Cannot Declare Registered Sale Deed Void Even If Executed In Violation Of Statutory Provisions: Chhattisgarh High Court
The Chhattisgarh High Court has held that even where a registered sale deed is alleged to have been executed in violation of statutory provisions governing transfer of land, a Revenue Court has no jurisdiction to declare the sale deed null and void. The Court observed that the power to adjudicate upon the validity and cancellation of a registered sale deed vests exclusively in the Civil...

Motor Accident | Pillion Rider's Compensation Can't Be Reduced Due To Rider's Contributory Negligence: Kerala High Court
The Kerala High Court, in a recent decision, clarified that in motor accident cases, the compensation awarded to a pillion rider cannot be reduced because the motorcycle rider is liable for contributory negligence. [2026 LiveLaw (Ker) 403]Justice Anil K. Narendran rendered the finding in an appeal filed by a pillion rider challenging the Motor Accidents Claims Tribunal's award in an...

Delhi High Court Refuses To Halt Town Vending Committee Elections Over OBC Reservation Dispute
The Delhi High Court refused to interfere with the ongoing elections for the constitution of the Town Vending Committee (TVC) in pleas filed by two street vendors who challenged the Municipal Corporation of Delhi's (MCD) decision to treat them as general category candidates instead of OBC candidates. [2026 LiveLaw (Del) 698]A division bench of Justices Prathiba M. Singh and Vikas Mahajan...

Trial Courts Must Mark Documents Relied On Before Granting Interim Injunction: Andhra Pradesh High Court
The Andhra Pradesh High Court has held that trial courts deciding applications for temporary injunction must consider and mark the documentary evidence relied upon by the parties and cannot grant injunctions without recording findings based on such material. [2026 LiveLaw (AP) 160]It further held that multiple distinct interim reliefs cannot ordinarily be sought through a single application...

Fingerprint Identification Is 'Exact Science', Thumb Impression Expert's Opinion More Relevant Than Handwriting Expert's: AP High Court
The Andhra Pradesh High Court has held that the opinion of an expert in relation to thumb impressions is more relevant than the opinion of an expert in relation to handwriting, since the science of identifying thumb impressions is an exact science that does not admit of any mistake or doubt. [2026 LiveLaw (AP) 157]In doing so, the Court set aside a trial court order refusing to refer a...

Surcharge Recovery From Pradhan For Loss Caused To Gram Sabha Fund Must Follow Procedure Under Panchayat Raj Act: Allahabad High Court
The Allahabad High Court has held that surcharge under Section 27 of the U.P. Panchayat Raj Act, 1947 can be levied on a Pradhan only on an inquiry conducted by the Chief Audit Officer, Cooperative Societies and Panchayats. It held that an inquiry held by a committee constituted by the District Magistrate is without jurisdiction and vitiates the recovery order founded on it.Section 27 of the...

Cooperative Bank Can't Recover More Than Double The Principal From Farmer-Borrowers Till Reform Committee Reports: Allahabad High Court
The Allahabad High Court has directed the Uttar Pradesh Sahkari Gram Vikas Bank Ltd. not to recover from any borrower an amount exceeding double the principal loan amount till an expert committee on cooperative banking reforms, ordered to be constituted by the Court, concludes its proceedings. The Uttar Pradesh Sahkari Gram Vikas Bank Ltd, set up in 1959 and registered under the Sahkari...

Res Judicata Applies To Successive Impleadment Applications Under Different CPC Provisions: Supreme Court
The Supreme Court on Monday (July 27) held that where an application for impleadment has been rejected on merits under Order I Rule 10 of the CPC, a subsequent application seeking the same relief under Order XXII Rule 10 of the CPC would be barred by the doctrine of res judicata, provided it is based on the same cause, between the same parties litigating under the same title, and is decided by...
