OTHERS
Plaintiff Who Fails To Perform Essential Terms Of Contract Cannot Seek Specific Performance U/S 16(c) Specific Relief Act: Patna HC
The Patna High Court has held that a plaintiff who fails to perform the essential terms of a contract and is unable to demonstrate readiness and willingness to perform his obligations is disentitled from seeking specific performance under Section 16(c) of the Specific Relief Act, 1963.A Single Judge Bench of Justice Jitendra Kumar was hearing a first appeal filed by the defendant against...
Plaintiff With Better Possessory Title Can Recover Property From Occupant Without Better Right: Delhi High Court
The Delhi High Court has held that a plaintiff who establishes a better possessory title over a property is entitled to recover possession from an occupant who fails to prove any superior or lawful right to remain in occupation.The bench of Justice Neena Bansal Krishna cited the maxim “Possessio contra omnes valet praeter eum cui ius sit possessionis”, i.e. possession is good against...
[Maharashtra Ownership Flats Act] Second Deemed Conveyance Application Barred If Earlier Rejection Has Attained Finality: Bombay High Court
The Bombay High Court has held that where an earlier order rejecting a deemed conveyance application has attained finality, a second application seeking the same relief would be barred by principles of res judicata and finality of proceedings. The Court observed that the Competent Authority under the Maharashtra Ownership Flats Act does not possess any inherent power of review and cannot...
Rajasthan High Court Orders Tehsildar To Personally Pay ₹2 Lakh Compensation For 53-Day Illegal Detention, Directs Inquiry
The Rajasthan High Court came down heavily upon the State for illegal detention of a HIV+ person for 53 days after the order of his release was passed and imposed a personal cost of Rs. 2 lakhs on the concerned erring Tehsildar. [2026 LiveLaw (Raj) 250]Terming the act as “diabolical”, the division bench of Justice Farjand Ali and Justice Sunil Beniwal observed that the incident was not...
Revocation Of Sanction Under Maharashtra Public Trusts Act Permissible Only On Proof Of Fraud: Bombay High Court
The Bombay High Court has held that revocation of a sanction granted under Section 36(1) of the Maharashtra Public Trusts Act can be ordered under Section 36(2) only upon proof that the sanction was obtained by fraud, misrepresentation, or concealment of material facts. The Court observed that the jurisdiction under Section 36(2) is not appellate in nature and does not permit the...
Payment Of 'Pagri' Doesn't Make Tenancy Non-Terminable, Landlord Can Still Seek Eviction: Delhi High Court
The Delhi High Court has held that payment of pagri (one-time upfront amount to secure long-term tenancy rights) by a tenant does not make a tenancy non-terminable and does not alter the fundamental landlord-tenant relationship. Justice Neena Bansal Krishna was dealing with the dispute concerning a shop which had been let out to the Appellant under a rent agreement dated January 1,...
Fractional Figure Cannot Be Ignored While Calculating 2/3rd Majority For No-Confidence Motion Against Co-Op Society Officer: Bombay HC
The Bombay High Court has held that while computing the two-thirds majority required for passing a no-confidence motion against an officer of a co-operative housing society, the fractional figure cannot be ignored. The Court observed that since removal through a no-confidence motion carries serious consequences and stigma, the provisions governing such removal must be strictly construed....
Can Electro-Homeopathy Be Practised Without Registration Under Medical Laws? Kerala High Court Answers
The Kerala High Court in a recent judgment clarified that the practice of Electro-Homeopathy is not unregulated. [2026 LiveLaw (Ker) 335]The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. observed that the practice of alternative medicine is, in fact, regulated by the provisions of the the Kerala State Medical Practitioners Act, 2021 and before that,...
Tenant Cannot Claim Ownership On Basis Of Unexecuted Agreement To Sell: Delhi High Court
The Delhi High Court has held that a person who enters a property as a tenant cannot subsequently claim ownership rights on the basis of an unexecuted or unconcluded agreement to sell, particularly when the landlord-tenant relationship stands admitted on record.Justice Neena Bansal Krishna observed,“The rights and liabilities of lesser and lessee have been defined under Section 108 of...






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