Assignee Under Deed Executed Prior To Filing Of Suit Cannot Be Impleaded As Co-Plaintiff Under Order I Rule 10 CPC: Bombay High Court

The Bombay High Court has held that an assignee under a deed of assignment executed before the filing of a suit cannot be added as a co-plaintiff under Order I Rule 10 of the Code of Civil Procedure (CPC) merely on the ground that the original plaintiff's rights have been assigned. The Court observed that there was no bona fide mistake involved for which adding a third party as a...

'Demolition Prima-Facie Illegal': Gauhati High Court Slams State For Razing Houses Without Hearing

The Gauhati High Court on Monday (September 7) pulled up the State authorities for demolishing the homes of various residents in Goalpara on private land without providing them an opportunity to have their say, prima facie observing that the action was unauthorized and illegal. In doing so the court sought response of the State as to what was the "imminent danger" requiring the demolition of...

Order XXI CPC Not Applicable To Execution Of Eviction Orders Passed Under Section 67 UP Revenue Code: Allahabad High Court

The Allahabad High Court has held that an order of eviction or of compensation passed under Section 67(3) of the U.P. Revenue Code, 2006 cannot be executed through the long drawn procedure prescribed under Order XXI of the Code of Civil Procedure, 1908. It held that the Code of 2006 and the U.P. Revenue Code Rules, 2016 themselves supply the machinery for enforcing such orders.The bench...

Order 39 CPC | Bar On Grant Of Final Relief At Interim Stage Is Not An Absolute Proposition Of Law: Allahabad High Court

The Allahabad High Court has held that the bar on granting relief at the interim stage which resembles the final relief is not an absolute proposition of law and creates no jurisdictional embargo on the grant of a temporary injunction. It held that the question turns on the facts of each case, with the prima facie case tested at a higher level.Justice Jaspreet Singh held,“Thus, to state as...

'Suppression Of Material Fact': AP High Court Upholds Dismissal Of Plea Challenging Govt Hospital Diet Tender

The Andhra Pradesh High Court has held that interference by Courts in tender matters has to be minimal, while upholding the dismissal of a writ petition challenging the selection of successful bidders for a diet-supply contract at Government General Hospital, Ongole. [2026 LiveLaw (AP) 209]A Division Bench of Chief Justice Lisa Gill and Justice Ninala Jayasurya dismissed the writ appeal,...

Revisional Authority Can't Set Aside Final Order Passed By Coordinate Revisional Authority In Separate Revision: Allahabad High Court

The Allahabad High Court has held that a revisional authority deciding a revision under Section 219 of the U.P. Land Revenue Act, 1901 has no jurisdiction to set aside a final judgment already rendered by another revisional authority of coordinate jurisdiction in a separate revision arising out of the same appellate order.Section 219(1) of the Act allows the specified revenue authorities to...

Solatium & Interest For Land Acquisition Under National Highways Act To Be Computed As Per 1894 Act For Pre-2015 Awards : Supreme Court

The Supreme Court on Tuesday (08.09.2026)held that when the Competent Authority under the National Highways Act, 1956 (NH Act) determines compensation before 01.01.2015, the solatium, interest, and interest on solatium payable to the landowner must be computed under the Land Acquisition Act, 1894, and not under the Right to Fair Compensation and Transparency in Land Acquisition,...

Offerings By Devotees To Hereditary Temple Priest In Arati Tray Is His Personal Income, Not Joint Family Property: Karnataka High Court

The Kalaburgi Bench of the Karnataka High Court has held that the offerings made by devotees to a hereditary archak (temple priest) in the mangalarathi (prayer ritual) plate constitute his individual income saved under Section 3 of the Hindu Gains of Learning Act, 1930, and do not form part of a joint family nucleus.“The offerings made by the devotees to the archak is the remuneration that...

Order Refusing Recusal Of Judge Is Interlocutory, Not Revisable Under Section 115 CPC: Sikkim High Court

The Sikkim High Court has held that an order refusing a Judge's recusal is interlocutory in nature and cannot be challenged by invoking the revisional jurisdiction of the High Court under Section 115 of the Code of Civil Procedure, 1908. The Court observed that even if the recusal request were allowed, it would merely result in a change of the Presiding Officer and would not finally dispose...

UP Ceiling Act | Land Transfer During Pending Proceedings Is Void, Can't Be Saved By Tenure-Holder's 'Right Of Choice': Allahabad High Court

The Allahabad High Court has held that a transfer of land made during the continuance of proceedings for determination of surplus land is void under Section 5(8) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960. It held that the Prescribed Authority cannot validate such a transfer by accepting the choice exercised by the tenure-holder under Section 12-A of the Act.Section 5(6) of...

Plaintiff In Specific Performance Suit Must First Debunk Suspicious Circumstances : Supreme Court

The Supreme Court recently held that where a plaintiff seeks specific performance of an agreement to sell whose genuineness is clouded by suspicious circumstances, the plaintiff must first explain those circumstances satisfactorily before the evidentiary burden can shift to the defendant.A bench of Justice JB Pardiwala and Justice K Vinod Chandran set aside the concurrent findings of the...

Granddaughter Undergoing Studies Availing Loan Can't Be Expected To Maintain Pension-Drawing Grandmother: Kerala High Court

Kerala High Court recently held that a granddaughter, who is undergoing studies after availing a student loan, cannot be expected to maintain her pension-drawing grandmother. [2026 LiveLaw (Ker) 487]Justice Harisankar V. Menon dismissed an octogenarian's plea against her daughter-in-law and granddaughter seeking maintenance from them as per the Maintenance and Welfare of Parents and...