Civil Law

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...

Divorced Daughter Cannot Be Denied Family Pension Merely Because Divorce Occurred After Father's Death: Tripura High Court
The Tripura High Court has held that a divorced daughter cannot be denied family pension merely on the ground that she was not divorced on the date of her pensioner-father's death. The Court remarked that the requirement that a daughter must have been divorced during the lifetime of the pensioner was not contained in the applicable pension rules. The Court also criticised the Agartala...

Compromise Decree Obtained Through Fraud Or Collusion Cannot Validate Transfer Of Tribal Land Under Chotanagpur Tenancy Act: Jharkhand High Court
The Jharkhand High Court has held that a transfer of land governed by the Chotanagpur Tenancy Act, 1908 cannot be sustained merely on the basis of a compromise decree where such transfer is in violation of the statutory provisions. The Court observed that “transfer by any fraudulent method including decrees obtained in a suit by fraud and collusion cannot be allowed to be continued.”A...

Suspension Of Food Business Licence Must End On Rectifying Deficiencies, Can't Force Them Into Litigation: High Court To Maharashtra FDA
After noting a pattern of the Maharashtra Food & Drugs Administration (FDA) in dealing with cases of licence suspensions of establishments, the Bombay High Court recently made it clear that once an establishment, whose licence has been suspended by the authority, rectifies the deficiencies and an autogenerated report indicates compliance, the authority must revoke the suspension. A...

Defendant Need Not Enter Witness Box To Prove Admitted Document : Supreme Court
The Supreme Court has held that a defendant is not required to step into the witness box when the defence is based on an undisputed document already placed on record.A bench of Justice M.M. Sundresh and Justice Prasanna B. Varale heard the case where the Appellant-plaintiff filed a suit seeking a mandatory injunction and possession against a Respondent-tenant claiming him to be the owner of...

Authority Sanctioning Building Plan Can't Decide Private Title Dispute: Allahabad High Court Sets Aside Rejection Of Map Sanction
The Allahabad High Court has held that an authority deciding an application for sanction of a building map has no jurisdiction to hold that ownership of the land is disputed, except where the land belongs to the government or the Gaon Sabha or is the subject matter of proceedings. It held that where the dispute is private, the only question is whether an injunction is in force.Justice...

Gujarat High Court Upholds Refusal To Entertain Plea Seeking Rejection Of Plaint At 'Fag End' Of Trial; Imposes ₹10,000 Costs
The Gujarat High Court has upheld a trial court order dismissing an Order 7 Rule 11 CPC application seeking rejection of the plaint, observing that the application was filed at the "fag end of the trial" when the suit had reached the stage of final arguments. [2026 LiveLaw (Guj) 238]The court was hearing a revision plea challenging an order passed by Principal Senior Civil Judge, Valsad...

Civil Court Can't Determine Agricultural Land Boundary Based On Advocate Commissioner's Report: Allahabad High Court
The Allahabad High Court has held that where the real controversy in a suit for injunction is the boundary between two adjoining agricultural holdings, the Civil Court cannot settle that boundary on a map prepared by an Advocate Commissioner. It held that Section 24 of the U.P. Revenue Code, 2006 provides a statutory mechanism of survey and demarcation before the competent...

'Trees Are The Lungs': Jharkhand High Court Stays Bypass Road Construction Requiring Felling Of 13,681 Full-Grown Trees
The Jharkhand High Court has stayed construction of a bypass road connecting Chatra town with NH-99 (New NH-22) and NH-100 (New NH-522) after noting that 13,681 full-grown trees identified for the project would have to be felled. The Court observed that “these huge chunk of trees are not merely a canopy, but are the lungs, which cannot be allowed to be destroyed by cutting them...

Husband Not Liable For Wife's Dues From Her Tenure As Sarpanch Without Proof Of His Involvement: Rajasthan High Court
The Rajasthan High Court has held that husband and wife were separate entities, and neither could be held liable for the misconduct or disgraceful act of the other, done in the capacity of a public representative, unless they have also indulged in the same. The bench of Justice Anoop Kumar Dhand opined, a spouse of an erstwhile public representative, could not be asked to pay dues owed by...

Declaration Of Title In Immovable Property Suits Governed By Article 65 Limitation Act, Not Article 58: AP High Court
The Andhra Pradesh High Court has held that a claim for declaration of title concerning immovable property is governed by Article 65 of the Limitation Act, and not the three-year limitation period under Article 58, where the suit is not one seeking declaration simpliciter. [2026 LiveLaw (AP) 205]In doing so, the Court upheld the order permitting the plaintiff to amend a pending suit...

Karnataka High Court Upholds 3-Month Jail Term Of Newspaper Staff For Violating Order In Defamation Case, Says Tendering Apology Not Enough
The Karnataka High Court has upheld 3-month civil imprisonment against the editor, managing director and director of Karavali Ale newspaper for violating a temporary injunction order, holding that the trial court could not have have directed them to tender an apology instead of imposing a punishment under Order 39 Rule 2A CPC.The Court accordingly dismissed the writ petition seeking to quash...
