Non-Consensus Between Parties Can't Justify 7-Year Delay In Filing Appeal: Gujarat High Court

The Gujarat High Court refused to condone delay of over 7 years in filing an appeal against a trial court order concerning a civil suit, observing that non-consensus between petitioners over filing of appeal as well as Covid-19 pandemic were not sufficient causes to condone delay. [2026 LiveLaw (Guj) 272]The court was hearing a plea challenging an appellate court order which had dismissed...

AP High Court Permits Amendment Of Written Statement In Matrimonial Case After Trial Begins, Says Courts Should Not Be Hypertechnical

The Andhra Pradesh High Court has allowed a husband to amend his counter in proceedings under Section 9 of the Hindu Marriage Act, 1955, to correct inadvertent typographical mistakes.On a contextual reading of the pleading, the Court found that the disputed references were typographical errors. It held that courts should not adopt a “hyper technical approach” where such corrections...

Motor Accident Compensation Can Be Enhanced Even Without Claimants' Cross-Appeal If Insurer Challenges Quantum: Allahabad High Court

The Allahabad High Court has held that where an Insurance Company appeals against an award of the Motor Accident Claims Tribunal, the compensation can be enhanced even though the claimants have filed no appeal or cross-objection. It held that once the adequacy of the award is in question in the appeal, the Court is duty-bound to see whether what was awarded is 'just compensation' and to...

Land Acquisition Authority Award Executable As Decree By District Judge, However Can't Entertain Objections On Merits: Allahabad High Court

The Allahabad High Court has held that an award of the Land Acquisition, Rehabilitation and Resettlement Authority (LARRA) under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, being a deemed decree, is executable by the District Court.Justice Jaspreet Singh held that the District Court executing it acts merely as an executory...

Land Acquisition Authority Has No Power To Execute Its Own Award, Power Of Execution Can't Be Read Into Statute: Allahabad High Court

The Allahabad High Court has held that the Land Acquisition, Rehabilitation and Resettlement Authority (LARRA) constituted under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has no power, authority or jurisdiction to execute its own award. It held that no such power has been conferred by the Act, that no rules conferring it...

Delay May Be Condoned Where Counsel's Actions Substantially Contributed To Litigant's Procedural Lapse: Sikkim High Court

The High Court of Sikkim has condoned the delay in filing a civil revision petition, observing that acts of counsel which cause delay should not operate to the prejudice of a litigant in a manner that results in denial of justice.The Court was considering an application under Section 5 of the Limitation Act, 1963 seeking condonation of delay in filing a revision petition under Section 115 of...

O. 2 R. 2 CPC | Omitted Relief Remains Barred Despite Order 23 Liberty To File Fresh Suit : Supreme Court

The Supreme Court on Tuesday (September 29) has observed that an injunction suit simpliciter filed without the Court's leave under Order 2 Rule 2 of the Code of Civil Procedure, while omitting the relief of specific performance, cannot be withdrawn to file a fresh suit seeking that omitted relief under Order 23 Rule 1 of the CPC. The Court held that even where leave to file a fresh suit...

Know The Law | When Can An Issue Be Tried First Under Order XIV Rule 2 CPC As Preliminary Issue?

The Supreme Court has recently held that an issue can be tried first only if it is a pure issue of law relating to jurisdiction or a statutory bar, and only before the court has begun trying all the issues together.A bench of Justice KV Viswanathan and Justice Arun Palli ruled so while setting aside the orders of the trial court, the first appellate court and the Kerala High Court. The...

'Same Document Considered For Other Claimants Cannot Be Ignored In Land Acquisition Claim': Jharkhand High Court

The Jharkhand High Court has held that where the same document has been relied upon for granting compensation to similarly placed claimants, such document cannot be ignored while adjudicating another land acquisition compensation claim.A Single Judge Bench of Justice Sanjay Kumar Dwivedi was hearing an appeal arising out of a long-pending land acquisition compensation dispute concerning...

Order V Rule 20 CPC | Locked House, Incomplete Address Not Enough To Resort To Newspaper Publication For Summons: Rajasthan High Court

The Rajasthan High Court held that when the process server's report reflected a locked house or an incomplete address, it did not by itself justify adopting the substituted service under Order V Rule 20 CPC, unless the Court was satisfied that the defendant was deliberately evading service and ordinary service was impracticable. “The Court must apply its mind to the process server's report...

Order VII Rule 14(3) CPC | Closure Of Evidence Doesn't Prevent Court From Allowing Additional Documents At Final Arguments: Allahabad High Court

The Allahabad High Court has held that the mere fact that evidence has been closed and the suit has reached the stage of final arguments does not by itself bar a court from granting leave under Order VII Rule 14(3) of the Code of Civil Procedure, 1908 to bring additional documents on record. It held that such a late request calls for closer scrutiny, but the court must also examine whether...

Once Appeal Admitted By HC, Subsequent Transfer To District Court Doesn't Trigger Fresh Limitation: Gujarat High Court

The Gujarat High Court has held that a first appeal against a civil suit decree which was earlier admitted, numbered and later transferred by the high court to the trial court pursuant to enactment of Gujarat Civil Courts Act retains its original status and is not barred by limitation. [2026 LiveLaw (Guj) 253]In doing so the court held that it cannot be said that such transferred appeals...