OTHERS
State Can't Indefinitely Reserve Private Land Without Commencing Acquisition Or Timely Development Plan Revision: Gujarat High Court
Revoking the continued reservation of a person's land for fifty years without initiation of acquisition proceedings, the Gujarat High Court held that if land is not acquired nor revision proceedings are initiated within 10 years and despite notice the authority fails to commence acquisition within six months then such reservation shall lapse. [2026 LiveLaw (Guj) 182]In doing so the court...
Period Of Limitation For Execution Of Partition Decrees Is Independent Of Engrossment: Allahabad High Court
The Allahabad High Court has held that the period of limitation for execution of a partition decree is independent of it's engrossment. It also held that stamp duty on engrossment of the partition decree is different and operates in a different field from court fees payable on execution or appellate proceedings. “As to when would such right to apply for engrossment of a final decree on...
State Cannot Summarily Cancel Longstanding Jamabandi, Civil Suit Only Remedy: Patna High Court Flags State's 'Autocratic' Action
The Patna High Court has held that the State cannot seek to cancel a longstanding jamabandi through summary proceedings and that its only remedy is to approach a competent civil court. Warning the authorities against disregarding settled judicial precedent, the Court observed that any attempt to proceed otherwise would be treated as contemptuous.A Single Judge Bench of Justice Sourendra...
Medical College Has No 'Lien' Over Student's Original Certificates To Enforce Service Bond Executed During Admission: Telangana High Court
The Telangana High Court has held that a medical college cannot withhold a doctor's original educational certificates to enforce a service bond executed at the time of admission. [2026 LiveLaw (Tel) 90]The Court observed that even if a candidate breaches the bond by failing to serve in government hospitals, the college has no lien over the original certificates and must recover the bond...
Small Cause Court Should Return Plaint Where Bona Fide Title Dispute Can't Be Summarily Decided: Allahabad High Court
The Allahabad High Court has held that it is not mandatory for the Small Causes Court to return the plaint on title dispute but where substantial issues are found to be involved, then the plaint must be returned to be placed before the regular court of competent jurisdiction.Referring to Section 23 of the Provincial Small Cause Courts Act, 1887, Dr. Justice Yogendra Kumar Srivastava...
State Can't Claim Adverse Possession Over Citizens' Land: P&H High Court Directs Compensation For Land Used Without Acquisition
The Punjab and Haryana High Court has held that the State cannot invoke the doctrine of adverse possession to claim ownership over private land, emphasizing that such a plea is incompatible with its role as a welfare State. [2026 LiveLaw (PH) 209]It thus directed the Haryana Government to pay compensation for a private land used for a distributary without acquisition.Justice Ramesh Kumari...
Eviction Under MHADA Act Not Automatic; Authority Must Examine Legality Of Dues Claimed By Housing Board: Bombay High Court
The Bombay High Court has held that the Competent Authority under the Maharashtra Housing and Area Development Act is empowered to examine whether the amount claimed by the Housing Board is "lawfully due" and is not confined merely to ordering eviction. The Court observed that an allottee who receives a tenement under a government quota is not exempt from payment of the price and other...
Delay In Filing Appeal Against Externment Under Chhattisgarh Public Security Act Can Be Condoned Under S. 5 Limitation Act: Supreme Court
The Supreme Court has observed that a delay occurred in filing an appeal against an externment order under the Chhattisgarh Rajya Suraksha Adhiniyam, 1990 can be condoned under Section 5 of the Limitation Act, 1963. “…unless the statute expressly or by necessary implication excludes the operation of Section 5 of the Limitation Act, the appellate authority (under the Adhiniyam) should...
Rajasthan High Court Criticizes State For Forming Panel To Examine Land Dispute Despite Final Adjudication By Revenue Court In 1978
The Rajasthan High Court has set aside an order of a single judge that relied upon the report of a fact-finding Commission that was constituted by the State Government despite the fact that the concerned matter had already attained finality in 1978, opining such reliance to be erroneous. The division bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Bipin Gupta further slammed...
Can State Minority Commission Pass Eviction Orders? Kerala High Court Answers
The Kerala High Court recently upheld the finding of a Single Bench on the point that the State Minority Commission cannot bypass the jurisdiction of a civil court and pass eviction orders. [2026 LiveLaw (Ker) 345]The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. was considering an appeal filed challenging a decision of the Single Judge that set aside an...
Motor Accident Claim | Loss Of Right Leg Must Be Treated As 100% Functional Disability For Mason : Supreme Court
The Supreme Court has held that the loss of a right leg above the knee must be treated as 100% functional disability in the case of a mason, observing that compensation in motor accident claims cannot be determined merely on the basis of the percentage of physical disability without considering its impact on the victim's livelihood.A Bench of Justice Prashant Kumar Mishra and Justice N.V....