Civil Law

PM Modi Degree Row: Gujarat High Court Rejects Arvind Kejriwal's Appeal Against Order Imposing ₹25,000 Cost
The Gujarat High Court on Tuesday (September 29) rejected Aam Aadmi Party supremo Arvind Kejriwal's appeal against an order imposing a cost of ₹25,000 on him in connection with the disclosure of information concerning Prime Minister Narendra Modi's degree. [2026 LiveLaw (Guj) 263]Kejriwal had preferred the appeal against the March 2023 judgment of a single judge, which had quashed a...

Absence Of Single Voter Can't Stall Election Or Warrant Re-Poll: Rajasthan High Court
The Rajasthan High Court has held that absence of a single voter at the time of polling could not be treated as an adverse situation warranting postponement of the elections schedule fixed by the State Election Commission and hence could not be a ground for re-polling. The bench of Justice Anoop Kumar Dhand observed that if such a situation was allowed to trigger re-polling or postponement...

Guinness World Record Holder's Special Ability Can Be Considered To Assess Income In Motor Accident Claim: Gujarat High Court
The Gujarat High Court has enhanced the motor accident compensation awarded to the legal heirs of a motorcycle rider to Rs. 27.97 lakh, taking into account his achievement as a Guinness World Record holder for lifting a cement bag with his teeth while assessing his income, despite there being no clear evidence of his earnings as a contractor. [2026 LiveLaw (Guj) 260]A division bench of Justice...

Know The Law | When Can An Issue Be Tried First Under Order XIV Rule 2 CPC As Preliminary Issue?
The Supreme Court has recently held that an issue can be tried first only if it is a pure issue of law relating to jurisdiction or a statutory bar, and only before the court has begun trying all the issues together.A bench of Justice KV Viswanathan and Justice Arun Palli ruled so while setting aside the orders of the trial court, the first appellate court and the Kerala High Court. The...

Deficiencies And Lapses In Supervision And Record-Keeping By State Department Is No Ground To Deny Contractor Payment: Patna High Court
The Patna High Court has held that a contractor cannot be denied payment for work already completed merely due to procedural, technical or administrative lapses attributable to departmental authorities.A Single Judge Bench of Justice Smt. G. Anupama Chakravarthy was hearing a writ petition filed by a Class-II registered contractor challenging the rejection of his claim for payment of pending...

Recognition Application Pending Since 2014: Patna High Court Directs Fresh Consideration Of Sanskrit School's Claim Within 3 Months
The Patna High Court has directed the Bihar Sanskrit Shiksha Board to reconsider the recognition application of a Sanskrit school, which had remained pending since 2014, and complete the entire exercise within three months in accordance with the prescribed rules.A Single Judge Bench of Justice Harish Kumar was hearing writ petitions filed by teaching and non-teaching employees of Jhotan...

Know The Law | Where Can A Motor Accident Claim Be Filed? Supreme Court Explains
The Supreme Court has recently explained the scope of the territorial jurisdiction clause in the motor accident compensation claims, holding that a claimant cannot invoke the jurisdiction of a Motor Accidents Claim Tribunal (MACT) merely because the insurance company has an office there.A bench of Justice Ujjal Bhuyan and Justice Atul S Chandurkar held so while dismissing an appeal filed by...

'Deeply Regrettable': Allahabad High Court Flags Repeated Litigation Over PwBD Eligibility For MBBS, Says Boards Can't Re-Assess Disability
The Allahabad High Court has held that the Medical Assessment Board constituted under the National Medical Commission's guidelines for admission of persons with benchmark disabilities to the MBBS course cannot re-determine the percentage of disability already certified under Section 57 of the Rights of Persons with Disabilities Act, 2016. It held that the Board's mandate is confined to...

'Same Document Considered For Other Claimants Cannot Be Ignored In Land Acquisition Claim': Jharkhand High Court
The Jharkhand High Court has held that where the same document has been relied upon for granting compensation to similarly placed claimants, such document cannot be ignored while adjudicating another land acquisition compensation claim.A Single Judge Bench of Justice Sanjay Kumar Dwivedi was hearing an appeal arising out of a long-pending land acquisition compensation dispute concerning...

State Can't Cancel Finalised Tender Due To Its Own Error In Mentioning Performance Bank Guarantee: Allahabad High Court
The Allahabad High Court has held that a tendering authority cannot cancel a tender at an advanced stage merely because it had wrongly fixed the Performance Bank Guarantee (ePBG) in the bid document. It held that the ePBG is a performance security with no bearing on a bidder's eligibility or ranking, and an error in it can be corrected without re-tendering.The bench of Justice Shekhar B....

Order V Rule 20 CPC | Locked House, Incomplete Address Not Enough To Resort To Newspaper Publication For Summons: Rajasthan High Court
The Rajasthan High Court held that when the process server's report reflected a locked house or an incomplete address, it did not by itself justify adopting the substituted service under Order V Rule 20 CPC, unless the Court was satisfied that the defendant was deliberately evading service and ordinary service was impracticable. “The Court must apply its mind to the process server's report...

Executing Court Cannot Revisit Issues Already Settled By Final Decree: HP High Court Dismisses Challenge To Execution Of 99-Year Lease
The Himachal Pradesh High Court has held that an executing court cannot re-consider or re-decide issues that have already been adjudicated by the trial and appellate courts and have attained finality. The Court observed that the jurisdiction of an executing court is confined to matters concerning the execution, discharge or satisfaction of the decree, and dismissed a challenge against...
