Tenant Cannot Claim Ownership On Basis Of Unexecuted Agreement To Sell: Delhi High Court

The Delhi High Court has held that a person who enters a property as a tenant cannot subsequently claim ownership rights on the basis of an unexecuted or unconcluded agreement to sell, particularly when the landlord-tenant relationship stands admitted on record.Justice Neena Bansal Krishna observed,“The rights and liabilities of lesser and lessee have been defined under Section 108 of...

Court Can't Direct Third Party/ Garnishee To Deposit Money Without Admitted Or Crystallised Liability: Delhi High Court

The Delhi High Court has held that a court cannot direct a third party to deposit money in court in the absence of an admitted or crystallised liability, reiterating that garnishee orders can ordinarily be passed only after a decree is obtained and the debt sought to be attached is established as due and payable.Justice Tejas Karia relied on Value Advisory Services v. ZTE Corporation (2009)...

Judge Can't Sit Like 'Sphinx' During Trial; Obliged To Engage With Bar, Question Witnesses To Clear Suspicions: Madras High Court

The Madras High Court recently observed that the Indian Evidence Act enables a judge to ask any question that he pleases during trial with respect to any relevant or irrelevant fact during the trial. [2026 LiveLaw (Mad) 269] The bench of Justice GR Swaminathan and Justice R Poornima held that the judge is obliged to exercise the sweeping power available to him to pose questions and...

Internal Management Correspondence Cannot Override Terms Of Employee's Signed Salary Restructuring Letter: Delhi High Court

The Delhi High Court has held that internal management correspondence cannot override the express terms of a signed salary restructuring letter, while dismissing a former employee's appeal seeking recovery of alleged deferred salary and compensation bonus from her erstwhile employer.Justice Neena Bansal Krishna upheld dismissal of the recovery suit filed by the former employee, holding that...

Can An Oral Gift Of Immovable Property Confer Ownership Rights? Delhi High Court Answers

The Delhi High Court has reiterated that ownership rights in an immovable property cannot be transferred through an oral gift, holding that a valid gift of immovable property can be effected only through a registered instrument executed in accordance with law.Justice Vikas Mahajan observed,“...the law is well settled that a gift of immovable property can be effected only in writing by way of...

After 35 Years, Gujarat High Court Rejects Baroda Royal Family's Claim Over Property Belonging To Temple Trust

The Gujarat High Court has upheld a 35-year-old Vadodara Court order dismissing a plea filed by the royal family of the erstwhile State of Baroda challenging orders passed by the charity commissioner's office which had declared that a parcel of land in Vadodara belongs to Shri Yavteshwar Mahadev Temple Trust. [2026 LiveLaw (Guj) 169]The court was hearing a batch of appeals challenging a...

[Bombay Rent Act] Heir Need Not Reside With Deceased Tenant At Time Of Death To Inherit Tenancy: Bombay High Court

The Bombay High Court has held that an heir of a deceased tenant is not required to have been residing with the tenant at the time of death to inherit tenancy under Section 5(11)(c)(i) of the Bombay Rent Act, 1947. The Court observed that where no family member was residing with the deceased tenant at the time of death, any heir of the deceased tenant can be recognized as a tenant, and...

Confirmation Of Accounts Signed By Debtor Sufficient To Sustain Summary Suit Under Order XXXVII CPC: Delhi High Court

The Delhi High Court has held that a confirmation of accounts signed by a debtor acknowledging a loan transaction and the applicable interest terms constitutes a written contract and can form the basis of a summary suit under Order XXXVII CPC.Justice Neena Bansal Krishna dismissed an appeal filed by a chartered accountant challenging a decree passed in favour of a company for recovery of...

Electricity Company 'Absolutely Liable' In Electrocution Death Case, Can't Escape By Blaming Deceased's Negligence: Gujarat High Court

The Gujarat High Court has held that when energy transmitted through electricity line causes injury or death of a human being, who unknowingly comes in contact with it, then it is primary liability of the Electricity Company to compensate the sufferer as per the principle of absolute liability. [2026 LiveLaw (Gu) 168]The court was hearing an appeal by Gujarat Energy Transmission Co. Ltd....

Karnataka High Court Asks State To Form Comprehensive Policy For Regulating Homestays, Suggests 10-Point Framework

The Karnataka High Court has directed the State government to formulate a comprehensive policy for regulation of homestays, noting that the existing framework under Karnataka Tourism Trade (Facilitation and Regulation) Act does not properly address concerns of public safety, health, hygiene, security among others.The single judge bench of Justice Suraj Govindaraj observed that there is...

Tenant Seeking Restoration Of Possession From Landlord Must Approach Small Causes Court: Bombay High Court

The Bombay High Court has held that Section 28 of the Bombay Rent Act, 1947, is wide enough to cover a suit for re-possession filed by a tenant seeking restoration of possession from the landlord. The Court observed that where the relationship of landlord and tenant continues to subsist, a tenant seeking return of possession of the tenanted premises must approach the Small Causes Court,...

Ex Parte Decree Can't Be Set Aside On Mere Irregularity In Service If Defendant Had Notice And Opportunity To Appear: Jharkhand High Court

The Jharkhand High Court has held that an ex parte decree cannot be set aside under Order IX Rule 13 CPC merely on allegations of irregularity in service of summons where the defendants had knowledge of the proceedings and sufficient opportunity to appear before the Court.A Single Judge Bench of Justice Sanjay Kumar Dwivedi was hearing a Second Appeal filed against the judgment dated...