'Taxing Justice At Ad-Valorem Rates Is Harsh': Allahabad High Court Urges UP Govt To Ease Burden Of Civil Litigation

Observing that taxing justice at "ad valorem rates is, indeed, harsh", the Allahabad High Court on Tuesday urged the Uttar Pradesh Government to consider measures to reduce the hardship faced by litigants pursuing civil remedies.At the same time, the Court made it clear that disputes over title and possession cannot be decided by administrative authorities and must be taken before the...

CBFC Cannot Withhold Film Certification Merely Because Civil Dispute Is Pending Without Stay Order: Telangana High Court

The Telangana High Court directed the Central Board of Film Certification (CBFC) to release the Certificate for "Raam Bhajarang" film, observing that the authority cannot withhold the certification solely because a third party has filed a writ petition claiming rights over the film in the absence of any interim order. [2026 LiveLaw (Tel) 121]The Court observed that the CBFC's statutory...

National Highways Act | Competent Authority Can't Decide Disputed Compensation Shares, Must Refer Matter To Civil Court: Allahabad High Court

The Allahabad High Court has held that where co-sharers are seriously at odds over their shares in land acquired under the National Highways Act, 1956, the competent authority has no jurisdiction to apportion the compensation between them and must refer the dispute to the principal civil court of original jurisdiction.Section 3H(3) of the National Highways Act, 1956 lets the competent...

Delhi High Court Upholds ₹11 Lakh Penalty On School Bus Operator For Parking Buses On 'Environmentally Sensitive' Yamuna Floodplains

The Delhi High Court has upheld ₹11 lakh penalty imposed on a school bus operator for parking 22 buses on the Yamuna floodplains, holding that commercial parking in the ecologically sensitive area is an illegality in itself and cannot be justified merely because the buses were not involved in dumping waste. [2026 LiveLaw (Del) 705]Justice Jasmeet Singh dismissed a petition filed by...

Allahabad High Court Questions Why Revenue Officer Prepared Two Contradictory Orders In Same Case, Suspects 'Something More Than Negligence'

The Allahabad High Court has held that where two mutually contradictory orders are passed on the same date in the same case, one in favour of the litigant and the other against him, the matter cannot be treated as one of negligence on the part of the officer who passed them. While dealing with two contradicting orders uploaded from the office of the Collector, Deoria, Justice Kshitij...

Return Of Plaint Not Sole Remedy Where Court Lacks Pecuniary Jurisdiction; Suit Can Be Transferred U/S 24(5) CPC: Allahabad High Court

The Allahabad High Court has held that a suit instituted before a court lacking pecuniary jurisdiction can be transferred by the District Court to a competent court under Section 24(5) of the Code of Civil Procedure, 1908. It held that return of the plaint under Order VII Rule 10 CPC is not the only course available once such a defect comes to light.It further held that the evidence...

O VII 7 CPC | Lesser Relief Can Be Decreed, But Not Totally Different Claim : Supreme Court Declines To Allow Partition In Title Suit

Declining to grant the relief of partition in a suit seeking a declaration of title, the Supreme Court clarified that while Order VII Rule 7 of the Code of Civil Procedure permits the grant of a lesser or alternative relief flowing from the facts already pleaded and proved, it cannot be invoked to award a relief such as partition, which is based on a distinct cause of action and requires...

UP Tenancy Act | Third Party Claiming Independent Title Not A Necessary Or Proper Party To Eviction Proceedings: Allahabad High Court

The Allahabad High Court has held that a third party asserting an independent title adverse to the landlord is neither a necessary nor a proper party to proceedings under Section 21 of the U.P. Regulation of Urban Premises Tenancy Act, 2021.It held that questions of title cannot be brought into eviction proceedings through an application for impleadment under Order I Rule 10 of the Code of...

Fair Price Shop Dealership | Married Daughter Can't Be Denied Compassionate Appointment Solely Due To Marital Status: Allahabad High Court

The Allahabad High Court has held that a married daughter is included within the definition of “family” under the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 and cannot be refused appointment as a fair price shop dealer on compassionate grounds only because she is married. It held that she is entitled to be considered subject to fulfilling...

1976 Amendment To UP Ceiling Act Is Retrospective, Fresh Determination Of Surplus Land Not Barred By Res Judicata: Allahabad High Court

The Allahabad High Court has held that a decision rendered before 10th October 1975 does not operate as res judicata to bar fresh adjudication of surplus land under the U.P. Imposition of Ceiling on Land Holdings Act, 1960, as amended by the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1976.The Court observed that Section 38-B of the Act insulates fresh adjudication...

Temporary Stay Outside Gujarat Due To Parent's Transfer Can't Be Treated 'Break In Residence' To Deny Domicile Certificate: High Court

The Gujarat High Court has held that a student who is compelled to reside outside the State for a period of time on account of her father's transfer is entitled to domicile certificate and this period of time shall not be counted as "break in continuous residence" in the State for 10 years. [2026 LiveLaw (Guj) 207]For context, a domicile certificate is granted if the person seeking is...

UP Education Act | List Of Teachers Issued By Principal Not Seniority List; No Acquiescence For Failure To Object: Allahabad High Court

The Allahabad High Court has held that a list merely setting out the particulars of teachers working in an institution, issued by the Principal or by any authority other than the Committee of Management, cannot be treated as a seniority list under Regulation 3(1) of Chapter II of the Regulations framed under the U.P. Intermediate Education Act, 1921. It held that where no seniority list has...