Civil Law

S. 92 CPC | Civil Court Cannot Pass Interim Orders While Leave Application Is Pending Against Public Trust: Supreme Court
The Supreme Court on Friday (September 18) held that a Civil Court cannot pass protective or preservatory interim orders while an application seeking leave to institute a suit under Section 92 of the Code of Civil Procedure, 1908 is pending. Since, obtaining a prior leave of the court is mandatory to file a representative suit under Section 92 CPC when it is filed by individuals, a bench...

Patna High Court Upholds 10-Year Blacklisting Of Contractor For False Work Experience Certificate
The Patna High Court has held that a personal hearing is not necessary where the contractor has been given an opportunity to respond through a show cause notice and his written explanation has been considered before passing the blacklisting order.A Division Bench of Acting Chief Justice Sudhir Singh and Justice Rajesh Kumar Verma was hearing a petition filed by a contractor challenging...

State Can't Invoke 3-Month Deadline After Wrongfully Rejecting Landowners' Timely Pleas For Enhanced Compensation: Telangana High Court
The Telangana High Court has held that the three-month deadline for seeking re-determination of land acquisition compensation under Section 28-A of the Land Acquisition Act, cannot defeat the claims of landowners whose timely applications for a court reference for compensation enhancement under Section 18 were wrongly rejected. [2026 LiveLaw (Tel) 153]Section 18 of the Land Acquisition Act,...

Agreement To Sell With Landlord Doesn't By Itself End Tenancy Or Turn Tenant's Possession Into Part Performance: Allahabad High Court
The Allahabad High Court has held that where a tenant enters into an agreement to purchase the tenanted property from his landlord, the mere execution of the agreement does not bring the tenancy to an end, nor does it make the tenant's possession one in part performance of the agreement under Section 53-A of the Transfer of Property Act, 1882. It held that the tenant must prove that the...

Lawyer Cannot Swear Affidavit On Behalf Of Client Unless Facts Are Within Personal Knowledge: Kerala High Court
The Kerala High Court has held that a lawyer for the plaintiff cannot file an affidavit on behalf of the plaintiff seeking production of documents. [2026 LiveLaw (Ker) 514]Justice Easwaran S delivered the judgement in an original petition. The case arose when the counsel appearing for the plaintiff produced certain documents on behalf of the plaintiff in a suit for partition. The...

Allahabad High Court Allows Women Lawyers Nominated After Bar Association Polls To Continue, Directs Bye-Law Amendment For 30% Representation
The Allahabad High Court has declined to quash the elections to the executive body of the Civil Bar Association, Bulandshahr, in which no woman lawyer was elected as an office bearer, holding that the requirement of 30% representation for women stood fulfilled by the nomination of four women advocates to the body within four days of the poll.The public interest litigation, filed by an...

UP Awas Vikas Act Primarily For Housing Development, Land Acquisition Only Incidental; No Repugnancy With 2013 Act: Allahabad High Court
The Allahabad High Court has held that the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 is not repugnant to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It held that the Adhiniyam is, in pith and substance, referable to Entries 5 and 18 of the State List and not to Entry 42 of the Concurrent List, since its dominant purpose...

Rejection Of Municipal Election Nomination Can Be Challenged Only Through Election Petition: Rajasthan High Court
The Rajasthan High Court has dismissed a petition challenging rejection of Petitioner's nomination papers for the election of Ward Member, Municipal Board Brij Nagar, District Deeg, opining that as per the bar under Article 243-ZG, no election to any municipality could be called into question except by filing an Election Petition, The bench of Justice Anoop Kumar Dhand held that as per...

Gujarat High Court Protects Govt School Teacher Declared Surplus Over Lack Of Students
The Gujarat High Court granted protection to a government school teacher who was declared "surplus" and transferred from the school on account of lack of students. In doing so the court "prima facie" observed that from the facts it appeared that even though the teacher tried to ensure that eligible students are admitted however the school principal did not cooerpate resulting in lack...

Landowners Under UP Awas Vikas Act Entitled To Same Benefits As Under 2013 Land Acquisition Act: Allahabad High Court
The Allahabad High Court has held that landowners whose land is compulsorily acquired under the U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 must be given monetary as well as non-monetary compensation on the same parameters as those prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It held that any other view...

Rajasthan High Court Declines CLAT Candidate's Plea To Change Reservation Category After Result Declaration
The Rajasthan High Court has dismissed the petition filed by a CLAT 2026 candidate seeking modification of her reservation category from Unreserved General-Women to General-Rajasthan Domicile, after the first provisional list was already declared by the CLAT-Consortium. The bench of Justice Maneesh Sharma observed that a belated correction or modification of an application form, especially...

Kerala High Court Permits Widow To Use Preserved Embryos For Assisted Reproduction After Husband's Death
The Kerala High Court recently permitted a woman to use embryos preserved for assisted reproduction after her husband died. [2026 LiveLaw (Ker) 508]Justice Harisankar V. Menon referred to Section 22 of the Assisted Reproductive Technology (Regulation) Act, 2021, which provides that an ART clinic can perform any treatment or procedure only with the written informed consent of parties....
