Urban Ceiling Act | State Must Prove Actual Possession Before 1999 Repeal To Retain Land: Allahabad High Court

The Allahabad High Court has held that in proceedings under the Urban Land (Ceiling and Regulation) Act, 1976, the burden of proving that possession of the excess land was in fact taken over lies upon the State. It held that where the State fails to discharge it, the landholder is entitled to the benefit of the Urban Land (Ceiling and Regulation) Repeal Act, 1999.It held that an undated...

Judicial Officer Can't Demand Transfer Of Sitting HC Judge, Threaten To Sleep On Footpath If Suitable House Is Not Given: Gujarat High Court

Conduct of the judicial officer is "obnoxious and despicable", Court said while upholding her dismissal from service.

Development Authorities Can't Levy Impact Fee, Open Area Penalty Without Statutory Authority: Allahabad High Court

The Allahabad High Court has held that a Development Authority cannot levy impact fee or open area penalty. It held that Section 15(2-A) of the Uttar Pradesh Urban Planning and Development Act, 1973 permits it to charge only development fees, mutation charges, stacking fees and water fees.The two levies had been impugned only on the rate at which they were worked out, and not on the...

State Can't Permit Unilateral Cancellation Of Registered Gift Deed By Donor Contrary To Transfer Of Property Act: AP High Court

The Andhra Pradesh High Court has held that that a donor cannot cancel a registered gift/settlement deed at will once the property has been transferred to the donee. Such unilateral cancellation cannot be registered without the bilateral consent of the parties or a decree from a competent Civil Court. [2026 LiveLaw (AP) 240]Rejecting the registering authority's defence that Rule 26(i)(k)(i)...

Interim Committee Of Management Cannot Induct New Society Members Or Remove Existing Ones: Allahabad High Court

The Allahabad High Court has held that an Interim Committee of Management appointed under Section 29(4-B) of the U.P. Co-operative Societies Act, 1965 has no power to enrol new members or remove existing members of a co-operative society. A resolution by which it purports to do so is a nullity, and the Registrar cannot give it effect in exercise of his powers under Section 128 of the...

Tender Conditions Based On Procurement Needs Can't Be Challenged By Suppliers Unable To Meet Them: AP High Court

The Andhra Pradesh High Court upheld State Government's order introducing centralized system for procuring dietary items and non-perishable goods for Kasturba Gandhi Balika Vidyalayas (KGBVs), holding that the procurement policy cannot be faulted because some suppliers were unable to satisfy prescribed eligibility conditions. [2026 LiveLaw (AP) 239]In doing so, the Court observed that the...

'Merely Running School Is Not Charitable Purpose': Bombay High Court Rejects Education Trust's Property-Tax Exemption Bid

The Bombay High Court has dismissed a petition filed by Jai Hind Sindhu Education Trust seeking exemption from property tax, holding that an educational institution must establish for every financial year that its buildings and lands are solely occupied and used for a public charitable purpose. The Court held that merely running an educational institution, or being a linguistic...

'Undue Fetter' On Right Of Appeal: Kerala High Court Sets Aside Order Requiring 50% Maintenance Deposit For Delay Condonation

The Kerala High Court recently held that courts cannot impose deposit of a percentage of the award amount as condition while considering an application under Section 5 of the Limitation Act to condone delay in preferring an appeal. [2026 LiveLaw (Ker) 558]Justice Jobin Sebastian opined that such a condition may be justified when the appellate court is considering an application for stay...

Existing Hotels, Guest Houses Nearby Cannot Justify Commercial Land Use In Restricted Area: Himachal Pradesh High Court

The Himachal Pradesh High Court observed that the mere existence of hotels, guest houses and homestays in the vicinity of a plot could not justify permitting a Change of Land Use (CLU) in a designated Restricted Area. The Court held that the discretionary power under sub-regulation (vi) of General Regulation 18.1.2 had to be exercised on the basis of public interest or other material...

Patna High Court Dismisses PIL Against Commercial Use Of Bodh Gaya Monasteries

The Patna HC has held that a Public Interest Litigation cannot be used to pursue a dispute which, in substance, concerns competing interests of particular establishments or associations, merely by couching the relief in terms of enforcement of statutory provisions.A Division Bench of Justice Sudhir Singh and Justice Rajesh Kumar Verma heard the writ applications filed in the form of...

No Record Of Property Being Enemy Or Evacuee Property, State Can't Stop Construction On Mere Allegations: Allahabad High Court

The Allahabad High Court has held that the State cannot stop construction on a land by merely alleging it to be evacuee property, without placing on record any document showing that the property was registered as evacuee property or that proceedings for its registration are pending.The bench of Justice Prakash Padia and Justice Vivek Saran held,“Since the respondents State has not brought...

Mere Entry Of Produce From Outside State For Processing Without Sale In Market Area Cannot Attract Development Cess: Uttarakhand High Court

The Uttarakhand High Court has held that mere bringing of agricultural produce from outside the State into a market area for manufacture or further processing, without any sale or purchase within the market area, cannot attract development cess. The Court held that the first proviso to Section 27(c)(v) of the Uttarakhand Agricultural Produce Marketing (Development and Regulation) Act, 2011...