Civil Law
Private Documents Obtained From Public Authority Under RTI Act Don't Become Public Documents: Gujarat High Court
The Gujarat High Court has held that a private document which is stored in a public office, sought and obtained under Right To Information Act does not automatically become public document under the Section 74 of Indian Evidence Act unless kept as a public record. [2026 LiveLaw (Guj) 224]The court also held that even the certified true copies of such private documents obtained under RTI also...
Orissa High Court Orders Interview For Candidate In 2023 District Judge Exam After Her Marks Found To Be 'Manipulated'
The Orissa High Court has ordered fresh interview for a female candidate in the direct recruitment from the Bar to the post of District Judge for the year 2023 after it was found, through a forensic examination, that her marks in a written examination paper were manipulated with a “different ink” subsequent to the original evaluation. [2026 LiveLaw (Ori) 96] Taking into account...
'Can't Be Left Remediless': Rajasthan High Court Allows Offline Appeal Amid Dispute Over E-Tender Appeal Submission
Rajasthan High Court granted relief to an unsuccessful bidder, whose filing of an appeal via the CPWD (Central Public Works Department) e-tender portal was disputed, by opining that a person could not be allowed to remain remediless.The bench of Justice Anoop Kumar Dhand allowed the petitioner to submit an offline copy of the memo of appeal before the concerned department within 24 hours...
Motor Accident Claim | Acquittal In Criminal Case Per Se Won't Prove Lack Of Negligence : Supreme Court Explains Principles
Acquittals in Criminal Court cannot control or dictate the outcome of MACT proceedings, the Supreme Court has held, reiterating that criminal proceedings and motor accident compensation claims operate in distinct legal spheres and are governed by different standards of proof."A subsequent acquittal in a criminal case does not affect the assessment of tortious liability under the MV Act......
'All Parties Didn't Consent To Settlement', Supreme Court Sets Aside Lok Adalat Award In Land Acquisition Dispute
The Supreme Court on Wednesday (August 19) set aside Lok Adalat awards passed in a land acquisition dispute, holding that the awards could not be sustained as they did not reflect a genuine agreement under Section 29 of the Land Acquisition Act, 1894, since all the disputing claimants were neither parties nor signatories to the settlement. “…the High Court in its impugned judgment erred...
'Lis Pendens Applies To Involuntary Alienations'; Court Auction Sale Also Subject To Outcome Of Pending Suit: Allahabad High Court
The Allahabad High Court has held that the principle of lis pendens applies even to a court auction sale, an involuntary alienation, and the auction purchaser takes the property subject to the outcome of a suit already pending over it. The Court clarified that notice of the prior claim or agreement is not the basis for applying the doctrine; it operates because of the pendency of the...
Allahabad High Court Deprecates State's Failure To Pay Counsel's Fees, But Rejects ₹4.8 Crore Writ Claim As Not Maintainable
The Allahabad High Court has deprecated the State's failure to pay professional fees to counsel engaged to defend its cases, observing that such non-payment could constrain advocates to approach the courts. However, while dismissing an advocate's four writ petitions seeking recovery of about ₹4.8 crore as not maintainable, the Court held that disputed claims for professional fees arising from...
Section 47 CPC | Execution Proceedings Cannot Reopen Issues That Could Have Been Raised At Trial: Allahabad High Court
The Allahabad High Court has observed that objections under Section 47 of the Code of Civil Procedure (CPC) cannot be used to reopen issues that could have been raised and decided during the original trial, unless the judgment-debtor is able to establish that the decree is void and inexecutable on the face of it.A bench of Justice Anil Kumar-X made the observation while dismissing a...
Approved Building Plan Not 'Personal Information', Can Be Disclosed To RTI Applicant: Kerala High Court
The Kerala High Court has held that a building plan approved by a local body would not constitute 'personal information' as per the Right to Information Act (RTI Act) and can, therefore, be disclosed to an RTI applicant. [2026 LiveLaw (Ker) 454]Justice Murali Purushothaman held:“Once a building plan is approved by the Secretary of the Panchayat, it forms part of the records relating to...
Orders Against State Bind All Its Departments, Officers Even If Not Named As Parties To Proceedings: Telangana High Court
The Telangana High Court has held that an order passed against the State binds all its departments, instrumentalities, agencies and officers, even if a particular department was not specifically made a party to the earlier proceedings. The Court said that the State is one juristic entity and cannot use different departments to repeatedly raise issues which have already been concluded against...