Civil Law

Relative Allowed To Stay Gratuitously In House Can't Claim Tenancy Rights After Expiry Of Licence: Gujarat High Court
The Gujarat High Court dismissed a man's claim for possession over his relative's property despite expiry of 2-year license agreement, observing that the owner had permitted the defendant to stay at his premises gratuitously for a limited period and out of their relationship which cannot be used to claim tenancy rights. [2026 LiveLaw (Guj) 194]Justice JC Doshi noted that the defendant was in...

Voter's Choice Can't Be Ignored Merely Because Ballot Carried Tick Mark, Instead Of Prescribed Swastik Symbol: Telangana High Court
The Telangana High Court has held that a ballot paper bearing a tick mark (✓) instead of the prescribed "Swastik" mark could not have been rejected in the absence of any rule or bye-law mandating exclusive use of the Swastik symbol. [2026 LiveLaw (Tel) 102]Holding that election authorities cannot elevate "procedural formality over substantive democratic choice", the Court declared...

Know The Law | Does Delayed Payment By Auction Purchaser Invalidate Sale Under SARFAESI Act?
The Supreme Court has recently addressed an important question under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) concerning the validity of the auction sale in an event of delay in payment of the sale consideration by an auction purchaser, holding that the statutory timeline prescribed is mandatory in nature,...

High Court Sets Aside Punjab Power Corporation's 'Arbitrary' Tender Award For Quality Meters
The Punjab and Haryana High Court has set aside the Punjab State Power Corporation Limited's (PSPCL) award of a tender for 1,000 Class-A power quality meters to a private bidder, holding that the corporation acted "most arbitrarily" by placing the purchase order without the bidder having furnished the mandatory type test certificates required under the tender conditions — several of which...

Executive Instructions Can't Retrospectively Override Statutory Land Conversion Rules: Bombay High Court
The Bombay High Court has held that executive instructions cannot be applied retrospectively to invalidate a land conversion order validly passed under statutory rules. The Court observed that a Government Resolution cannot retrospectively override the Maharashtra Land Revenue (Conversion of Occupancy Class-II and Leasehold Lands into Occupancy Class-I Lands) Rules, 2019 or defeat vested...

Show Cause Lost Its Validity After Authority Executed Agreement Six Days Later: Patna High Court Sets Aside Contractor's Blacklisting
The Patna High Court has held that a show cause notice could not form the basis of a subsequent debarment order where the authority itself chose to execute an agreement merely six days after issuing the notice. Holding that debarment entails serious civil consequences, the Court set aside the order debarring the contractor for violation of the principles of natural justice.A Division Bench...

Appellate Court Can Enhance Interest Rate On Award Under Order 41 Rule 33 CPC Even Without Cross-Objection By Plaintiff: Bombay High Court
The Bombay High Court has held that a First Appellate Court is empowered under Order XLI Rule 33 of the Code of Civil Procedure, 1908, to enhance the rate of interest awarded by the trial court even in the absence of an appeal or cross-objection by the plaintiff. The Court observed that where the issue under Order 41 Rule 33 is specifically raised before the appellate court, the parties...

Govt Employees Can't Claim Right To Purchase Official Quarters Allotted During Service: Gujarat High Court
The Gujarat High Court has held that government employees cannot claim a right or insist that the official quarters allotted to them during service should be sold to them post retirement, adding that unauthorized occupation of Government quarters amounts to unlawful deprivation of scarce public resources. [2026 LiveLaw (Guj) 193]In doing so the court dismissed an appeal preferred by the...

Specific Performance Relief Mandatory After 2018 Amendment, Court Bound To Enforce Registered Agreement To Sell: Allahabad High Court
The Allahabad High Court has held that after the amendment to the Specific Relief Act, 1963 with effect from October 1, 2018, the grant of specific performance of a contract is no longer discretionary and courts are bound to enforce it, subject to Sections 11(2), 14 and 16 of the Act. Holding that the amended provisions govern agreements executed after that date, the Court upheld a...

Karnataka High Court Upholds Law Transferring First Appeals Against Senior Civil Judges' Decrees To District Courts
The Karnataka High Court has upheld the constitutional validity of the Karnataka Civil Courts (Amendment) Act, 2023 and the Karnataka High Court (Amendment) Act, 2023 that transferred jurisdiction over regular first appeals arising from decrees passed by Senior Civil Judges' courts from the High Court to District Courts. [2026 LiveLaw (Kar) 238]The Division Bench of Chief Justice Vibhu Bakhru...

Delhi Rent Act | Tenancy Transfer Without Landlord's Consent Attracts Eviction : Supreme Court Orders Eviction Of Merged Bank
The Court ordered the eviction of Punjab National Bank from a prime property in Delhi, as it got possesion after merger of original tenant-bank.

Commercial Courts Act | Documents Being Voluminous No Excuse For Their Belated Production : Supreme Court
The Supreme Court on Thursday (July 9) held that a mere 'voluminous nature' of the evidence does not constitute a "reasonable cause" for their belated production under the Commercial Courts Act, 2015. “…it is well established that the plaintiff when leading evidence, is expected to not only produce all documents but also properly anticipate the questions that may be put to its witnesses...
