Failure To Seek Recount During Counting Alone Does Not Justify Rejecting An Election Petition: Chhattisgarh High Court

The Chhattisgarh High Court has upheld an Election Tribunal's decision refusing to reject an election petition merely because the election petitioner had not sought recounting of votes during the counting process. The Court held that specific allegations of discrepancies in vote tabulation and manipulation of election records raised triable issues which required adjudication on evidence. Justice Amitendra Kishore Prasad was hearing a writ petition filed by the returned candidate challenging the...

Highest Auction Bid Can't Be Cancelled Merely In Hope Of Fetching Better Price: Allahabad High Court

The Allahabad High Court has held that a public body which receives the highest bid in a validly conducted auction must abide by it, and cannot cancel it merely in the hope that a future auction will fetch more. It held that the Ghaziabad Development Authority's repeated cancellation and re-auction of one plot, with the reserve price never revised, was a colourable exercise of power.The bench...

Opposite Party Can't Compel Litigant To Pursue Challenge On Merits: Allahabad High Court

The Allahabad High Court has held that a party which has invoked its supervisory jurisdiction may discontinue that challenge when it no longer wishes to pursue it, and that withdrawal does not disturb the order under challenge or the rights the opposite party has acquired under it. It held that the opposite party's wish to have the controversy decided on merits is not, by itself, a ground...

“Public Office Not Consolation Prize For Defeated Politician”: Karnataka High Court Quashes Committee Headed By Congress Leader Who Lost Election

Desire to rehabilitate a leader who lost political ground can't justify creating an additional position, Court said.

District Judges Recruited Directly From Bar With Postgraduate Law Degrees Entitled To Three Advance Increments From July 1996: Kerala High Court

The Kerala High Court has held that District Judges directly recruited from the Bar with a postgraduate degree in Law are entitled to three advance increments with effect from July 1, 1996, and set aside the State Government's decision to restrict the benefit prospectively. [2026 LiveLaw (Ker) 612]A Division Bench comprising Justice Devan Ramachandran and Justice Basant Balaji delivered...

Family Court Lacks Jurisdiction To Decide Maintenance Modification Pleas Under Domestic Violence Act: Bombay High Court

The Bombay High Court has held that a Family Court cannot decide an application under Section 25(2) of the Protection of Women from Domestic Violence Act, 2005 (DV Act), seeking modification of maintenance and rent orders originally passed by a Magistrate. The Court ruled that Section 26 of the DV Act, which enables Civil and Family Courts to grant reliefs under Sections 18 to 22, does not...

Appeals Against Urban Land Ceiling Orders Abated After 1999 Repeal: Allahabad High Court

The Allahabad High Court has held that an appeal under Section 33 of the Urban Land (Ceiling and Regulation) Act, 1976 can neither be filed nor continued after the Urban Land (Ceiling and Regulation) Repeal Act, 1999 came into force, and that the right of appeal is not saved by Section 6 of the General Clauses Act, 1897.Section 33 of the Act of 1976 allowed a person aggrieved by an order of...

Courts Should Not Interfere With Bona Fide Technical Evaluations Of Infrastructure Projects: Rajasthan High Court

The Rajasthan High Court has dismissed a PIL challenging construction of a one-way underpass at the Purani Chungi Junction, Ajmer Road, Jaipur, opining that unless the decision was shown to be arbitrary, irrational, unreasonable, malafide or illegal, the courts had to exercise restraint where public interest jurisdiction was invoked in contractual and tender matters. The division bench of...

Confidential Information Can Be Relied On To Establish Security Threat: Bombay High Court Upholds Eviction Of Tenant By RBI

The Bombay High Court has held that there is no prohibition on RBI to rely on confidential information for establishing the security perception. The Court observed that the affected party cannot question the correctness of the opinion of security agencies by seeking to cross examine the officers of security agencies.Justice Sandeep V. Marne was hearing three writ petitions filed...

Gujarat Municipality Retracts Meat-Shop Shutdown Order During Jain Leader's Stay, Admits 'No Legal Provision' To Order Closure

The Gujarat High Court closed a plea moved by slaughter house/meat-shop owners against an order issued by Radhanpur Municipality directing them to close their premises for four months on account of a Jain religious leader residing in the town for the said time period. [2026 LiveLaw (Guj) 302]This, after the counsel for the municipality submitted that there was no provision under the...

[BMC Rules] Is Preliminary Enquiry Mandatory Before Suspension? Bombay High Refers Issue To Larger Bench

The Bombay High Court has disagreed with a coordinate Bench's ruling that a preliminary enquiry is mandatory before suspending an employee under the Brihan Mumbai Municipal Corporation Services (Discipline and Appeal) Rules, 2015, and referred the issue to a Larger Bench. The Division Bench prima facie held that Rules 4(A) and 4(B) operate independently and that suspension under Rule 4(A)...

Wife Who Cultivates Husband's Land Can Claim Farmers' Accident Relief: Allahabad High Court

The Allahabad High Court has held that a woman who does agricultural work on a land recorded in her husband's name, and whose principal source of livelihood is the agricultural income from that land, is an 'earning member' of the family under Clause 2(2) of the Mukhyamantri Krishak Durghatna Kalyan Yojana (CM Farmers' Accident Relief Scheme). It held that her claim cannot be rejected...