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...

'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. In doing so the court observed PIL was filed by person who was a "busybody", seemingly for some personal grudge against industry with false and misleading assertions. The PIL...

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...

Married Couple Can Opt For IVF If One Spouse Is Within Upper Age Limit Prescribed Under ART Act: Gujarat High Court

The Gujarat High Court permitted a married couple to opt for In Vitro Fertilization (IVF) to conceive a child who were denied the same by authorities on ground of the wife crossing the upper age limit of 50 years prescribed under the Assisted Reproductive Technology Act, even though the husband was within the age limit of 55 years. In doing so, the court referred to various judgments...

Insurer Must Pay Third-Party Compensation Despite Premium Cheque Dishonour If Cancellation Not Informed To RTA: Bombay High Court

The Bombay High Court at Nagpur has held that an insurance company cannot escape its statutory liability towards a third party merely because the insurance premium cheque was dishonoured, if the insurer failed to inform the Regional Transport Authority (RTA) about the policy's cancellation. Justice Pravin S. Patil referred to the Supreme Court's ruling in Oriental Insurance Co. Ltd. vs...

SDM Cannot Halt Panchayat Samiti Chairman Election Over Horse-Trading Allegations: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a Sub-Divisional Magistrate cannot halt the election of Chairman and Vice-Chairman of a Panchayat Samiti on the ground that allegations of electoral irregularities or malpractices are pending police inquiry. The Court termed the SDM's action in deferring the election as “wholly untenable, manifestly illegal and contrary to rule of law”,...