Civil Law

UP Panchayat Raj Act | Inquiry Against Gram Pradhan For Fund Misuse Not Wiped Out Merely Because Her Tenure Ended: Allahabad High Court
The Allahabad High Court has held that a pending inquiry under Section 95(1)(g) of the U.P. Panchayat Raj Act, 1947 against a Gram Pradhan cannot be treated as infructuous, or allowed to be stalled, merely because her tenure in office has since come to an end. The Court held that such proceedings must be carried to their logical conclusion, given the consequences that survive the end of...

Revenue Entry Not Set Aside By Competent Authority Can't Be Treated As Forged Merely On Allegation: Allahabad High Court
The Allahabad High Court has held that a revenue entry which has not been cancelled, corrected or set aside by a competent revenue authority or court, cannot be treated as forged merely because the opposite party alleges forgery. It held that though such an entry does not by itself create title, its evidentiary effect cannot be ignored altogether, and a party relying on its falsity must...

Appointments Can't Be Cancelled By Appointing Authority Merely On Direction Of State Govt: Allahabad High Court
The Allahabad High Court has held that an appointing authority cannot cancel appointments merely on the direction of the State Government, without applying its own mind. It set aside the termination of Assistant Managers of the U.P. Cooperative Bank whose appointments were cancelled in 2019 after the Principal Secretary, Cooperative, directed that they be cancelled.Justice Rajeev...

Jharkhand High Court Upholds Appointment Of Receiver To Monitor Joint Hotel Business; Says Direction Ensured Preservation Of Records
The Jharkhand High Court has upheld the appointment of a receiver for a jointly claimed hotel business, observing that the trial court had not restrained the appellant from running the business or maintaining the premises. The Court held that the order only sought a report regarding the business, including its physical condition, mode of operation, account books, GST records, licences,...

'False Allegations': Gujarat High Court Fines PIL Litigant ₹1 Lakh For Seeking Closure Of Industry Over Environmental Violations
The Gujarat High Court dimissed a PIL seeking closure of an industry making paper products over allegations of noise, air and water pollution, further imposing cost of Rs. 1 Lakh after noting that the allegations made in the petition were vague and frivolous as the industry was meeting all environmental standards. [2026 LiveLaw (Guj) 237]In doing so the court observed PIL was filed by person...

'Deaf And Dumb' Person Not Necessarily Of Unsound Mind: Himachal Pradesh High Court Rejects Challenge To Partition Proceedings
The Himachal Pradesh High Court has held that merely because a person is deaf and dumb, it cannot be presumed that he is of unsound mind so as to necessitate appointment of a guardian under Order XXXII Rule 3 of the Code of Civil Procedure (CPC).The Court observed that such a requirement would arise only where it is established that the person is incapable of protecting his interests in...

Person Receiving Pension Not Entitled To Maintenance Under Senior Citizens Act: Bombay High Court
The Bombay High Court has held that a senior citizen who is receiving regular pension as well as family pension and is able to maintain himself does not fall within the meaning of Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Court highlighted that the Act was brought on the statute book to provide for appropriate mechanism to be set up to...

Oral Partition Can Be Proved Through Oral Evidence, Long Separate Possession: Jharkhand High Court
The Jharkhand High Court has held that oral partition can be accepted on the basis of oral evidence where parties have been separately possessing and enjoying their respective shares for several decades. The Court observed that although there was no written partition, the witnesses had proved that the properties had already been partitioned and the parties were separately enjoying...

Interim Stay Can Be Granted In Time-Barred Appeal Without Condoning Delay Only In 'Exceptional Cases': Rajasthan High Court
The Rajasthan High Court has set aside an interim order passed by the Revenue Appellate Authority (“RAA”) in a time-barred appeal, opining that interim stay in a time-barred appeal could be passed only in extreme circumstances of a given case where the order in appeal had some serious consequences. The bench of Justice Anoop Kumar Dhand held that without condoning the delay in...

Bidder Who Furnished Unconditional Undertaking To Execute Work Cannot Challenge Letter Of Acceptance Subsequently: Patna High Court
The Patna High Court has held that a bidder who had voluntarily furnished an affidavit and undertaking expressing its unconditional willingness to execute the work at the quoted rate, and on the basis of which the Letter of Acceptance was issued, cannot subsequently challenge the validity of the Letter of Acceptance on grounds of want of jurisdiction and expiry of the bid validity period....

Repeated Notices To Pay Dues Not Enough To Blacklist Contractor Without Warning: Rajasthan High Court Quashes 3-Year Debarment
The Rajasthan High Court has held that repeated notices seeking payment of outstanding dues cannot substitute a proper notice informing a contractor that failure to comply could result in blacklisting or debarment from future tenders.The bench of Justice Anoop Kumar Dhand set aside an order against the petitioner that debarred its participation in any further tenders of the...

Biological Father Can Adopt His Own Illegitimate Son Under 'Hindu Adoption And Maintenance Act': Allahabad High Court
The Allahabad High Court has held that a Hindu male is not prohibited under the Hindu Adoptions and Maintenance Act, 1956, from adopting his own illegitimate son merely because he is the child's biological father.A bench Justice Arun Kumar held so while deciding a second appeal concerning an adoption allegedly made in 1970. The Court upheld the concurrent findings of the courts below that...
