OTHERS
Lessee Can't Be Forced To Pay Installments Accruing Due To State's Delay In Termination Of Mining Lease: Allahabad High Court
The Allahabad High Court has held that where a mining lessee defaults in paying royalty and thereby gives the State ground to terminate the lease, the State's unexplained delay in exercising its power to determine the lease under Rule 58 of the U.P. Minor Minerals (Concession) Rules, 1963 amounts to arbitrary action. It held that the lessee cannot be forced to pay the installments that fell...
Appeal Under UP Rent Act Not Maintainable Against Rejection Of Plea To Recall Ex-Parte Eviction Order: Allahabad High Court
The Allahabad High Court has held that an appeal under Section 22 of Uttar Pradesh Urban Buildings [Regulation of Letting, Rent and Eviction] Act, 1972 is not maintainable against an order rejecting an application for recall of an ex-parte release (eviction) order passed under Section 21(1)(a) of the Act. It held that such an order is referable to the procedural powers exercisable under...
Party Can't Be Granted Interim Relief Merely Because Opposing Counsel Failed To Answer Court's Query: AP High Court
The Andhra Pradesh High Court has held that a party cannot succeed on the weakness of the opposite party's case and must stand on the strength of its own case, observing that interim relief cannot be granted merely because the opposite party's counsel failed to answer a legal query posed by the Court. [2026 LiveLaw (AP) 132]Accordingly, it set aside a Single Judge's interim order in a...
Member Of Joint Hindu Family Can Acquire Separate Property From Own Funds; Other Coparceners Can't Claim Interest: Allahabad High Court
The Allahabad High Court has held that the mere existence of a joint Hindu family does not raise presumption that a particular holding is a joint family property. It held that a member of a joint Hindu family can acquire and hold property exclusively in his own name. It held that other members cannot be granted co-tenancy rights over such a holding unless they prove that it was acquired from...
Ex-Parte Administrative Order Can't Undo Mutation Carried Out Pursuant To Competent Court's Decree: Allahabad High Court
The Allahabad High Court has held that an order recording a mutation (Parwana Amaldaramad) which gives effect to a decree of a competent court that has attained finality, cannot be recalled by an administrative order. While dealing with a case where the order of mutation was set aside ex-parte after lapse of 24 years, without issuing notices to the party, Justice Prakash Padia...
How To Prove A Will As Genuine? Supreme Court Explains Tests
In a significant ruling on the law governing wills, the Supreme Court has explained the principles courts must apply while determining whether a will is genuine. Reiterating settled legal principles, the Court said that although a will is proved like any other document, the law imposes additional safeguards because the maker of the will (the testator) is no longer alive to testify about...
Railway Compensation Can't Be Claimed For Death Of Passenger Hit By Another Train While Walking On Tracks: Kerala High Court
Trespass upon railway track is an offence under Railways Act, Court added.
Master Plan Has Statutory Force; Authorities Can't Permit Land Conversion Contrary To It: Rajasthan High Court
Any administrative action permitting residential/ commercial utilization of designated Green Belt defeats the object of planning legislation.
Tehsildar Cannot Compel Production Of Documents At Instance Of Private Respondents In Land Dispute: Chhattisgarh High Court
The Chhattisgarh High Court has held that a Tehsildar has no authority under the Chhattisgarh Land Revenue Code to compel a party to produce documents merely on an application filed by a private respondent. The Court observed that, at the most, the Tehsildar may draw an adverse inference against a party for non-production of documents, but cannot compel their production against the party's...
Failed Contingent Contract Doesn't Defeat Claim For Services Actually Rendered: Calcutta High Court
The Calcutta High Court has held that although a contingent employment contract failed because the agreed condition precedent never occurred, the failure of the contract did not deprive a consultant of remuneration for services actually rendered and accepted by the employer. Applying the doctrine of quantum meruit embodied in Section 70 of the Indian Contract Act, 1872, the Court held...
