UP Ceiling Act | Land Transfer During Pending Proceedings Is Void, Can't Be Saved By Tenure-Holder's 'Right Of Choice': Allahabad High Court

The Allahabad High Court has held that a transfer of land made during the continuance of proceedings for determination of surplus land is void under Section 5(8) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960. It held that the Prescribed Authority cannot validate such a transfer by accepting the choice exercised by the tenure-holder under Section 12-A of the Act.Section 5(6) of...

Plaintiff In Specific Performance Suit Must First Debunk Suspicious Circumstances : Supreme Court

The Supreme Court recently held that where a plaintiff seeks specific performance of an agreement to sell whose genuineness is clouded by suspicious circumstances, the plaintiff must first explain those circumstances satisfactorily before the evidentiary burden can shift to the defendant.A bench of Justice JB Pardiwala and Justice K Vinod Chandran set aside the concurrent findings of the...

Granddaughter Undergoing Studies Availing Loan Can't Be Expected To Maintain Pension-Drawing Grandmother: Kerala High Court

Kerala High Court recently held that a granddaughter, who is undergoing studies after availing a student loan, cannot be expected to maintain her pension-drawing grandmother. [2026 LiveLaw (Ker) 487]Justice Harisankar V. Menon dismissed an octogenarian's plea against her daughter-in-law and granddaughter seeking maintenance from them as per the Maintenance and Welfare of Parents and...

Divorced Daughter Cannot Be Denied Family Pension Merely Because Divorce Occurred After Father's Death: Tripura High Court

The Tripura High Court has held that a divorced daughter cannot be denied family pension merely on the ground that she was not divorced on the date of her pensioner-father's death. The Court remarked that the requirement that a daughter must have been divorced during the lifetime of the pensioner was not contained in the applicable pension rules. The Court also criticised the Agartala...

Compromise Decree Obtained Through Fraud Or Collusion Cannot Validate Transfer Of Tribal Land Under Chotanagpur Tenancy Act: Jharkhand High Court

The Jharkhand High Court has held that a transfer of land governed by the Chotanagpur Tenancy Act, 1908 cannot be sustained merely on the basis of a compromise decree where such transfer is in violation of the statutory provisions. The Court observed that “transfer by any fraudulent method including decrees obtained in a suit by fraud and collusion cannot be allowed to be continued.”A...

Suspension Of Food Business Licence Must End On Rectifying Deficiencies, Can't Force Them Into Litigation: High Court To Maharashtra FDA

After noting a pattern of the Maharashtra Food & Drugs Administration (FDA) in dealing with cases of licence suspensions of establishments, the Bombay High Court recently made it clear that once an establishment, whose licence has been suspended by the authority, rectifies the deficiencies and an autogenerated report indicates compliance, the authority must revoke the suspension. A...

Authority Sanctioning Building Plan Can't Decide Private Title Dispute: Allahabad High Court Sets Aside Rejection Of Map Sanction

The Allahabad High Court has held that an authority deciding an application for sanction of a building map has no jurisdiction to hold that ownership of the land is disputed, except where the land belongs to the government or the Gaon Sabha or is the subject matter of proceedings. It held that where the dispute is private, the only question is whether an injunction is in force.Justice...

Civil Court Can't Determine Agricultural Land Boundary Based On Advocate Commissioner's Report: Allahabad High Court

The Allahabad High Court has held that where the real controversy in a suit for injunction is the boundary between two adjoining agricultural holdings, the Civil Court cannot settle that boundary on a map prepared by an Advocate Commissioner. It held that Section 24 of the U.P. Revenue Code, 2006 provides a statutory mechanism of survey and demarcation before the competent...

'Trees Are The Lungs': Jharkhand High Court Stays Bypass Road Construction Requiring Felling Of 13,681 Full-Grown Trees

The Jharkhand High Court has stayed construction of a bypass road connecting Chatra town with NH-99 (New NH-22) and NH-100 (New NH-522) after noting that 13,681 full-grown trees identified for the project would have to be felled. The Court observed that “these huge chunk of trees are not merely a canopy, but are the lungs, which cannot be allowed to be destroyed by cutting them...

Husband Not Liable For Wife's Dues From Her Tenure As Sarpanch Without Proof Of His Involvement: Rajasthan High Court

The Rajasthan High Court has held that husband and wife were separate entities, and neither could be held liable for the misconduct or disgraceful act of the other, done in the capacity of a public representative, unless they have also indulged in the same. The bench of Justice Anoop Kumar Dhand opined, a spouse of an erstwhile public representative, could not be asked to pay dues owed by...

Declaration Of Title In Immovable Property Suits Governed By Article 65 Limitation Act, Not Article 58: AP High Court

The Andhra Pradesh High Court has held that a claim for declaration of title concerning immovable property is governed by Article 65 of the Limitation Act, and not the three-year limitation period under Article 58, where the suit is not one seeking declaration simpliciter. [2026 LiveLaw (AP) 205]In doing so, the Court upheld the order permitting the plaintiff to amend a pending suit...

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...