Civil Law
Private Apartment Dispute Can't Be Converted Into RPwD Act Complaint Merely Because One Party Has Disability: Karnataka High Court
The Karnataka High Court has recently quashed proceedings initiated against residents of an apartment complex under the Rights of Persons with Disabilities (RPwD) Act, holding that the statute cannot be invoked to settle mundane civil disputes merely because one of the parties is a person with disability. [2026 LiveLaw (Kar) 264]The single judge bench of Justice Suraj Govindaraj was hearing...
Absence Of Promotional Avenues Does Not Render Service Rules Unconstitutional; No Right To Promotion: Chhattisgarh High Court
The Chhattisgarh High Court has held that the mere absence of promotional avenues in a service cadre does not render statutory service rules unconstitutional, reiterating that no government servant possesses a fundamental or vested right to promotion. The Court observed that while an employee has a right to be considered for promotion where the applicable service rules provide a...
Debarment Can't Continue After Contractor Completes Work Accepted By Department: Patna High Court
The Patna High Court has held that a contractor's debarment cannot continue after the work for which the debarment was imposed has been completed and accepted by the department. The Court observed that in the absence of a fresh order extending the debarment or assigning reasons for its continuance, such debarment assumes the character of an impermissible indefinite debarment.A Division Bench...
Administrative Authorities Can't Cancel Registered Sale Deed Even On Allegations Of Impersonation/ Fraud: Allahabad High Court
The Allahabad High Court has reiterated that a sale deed registered under the Registration Act, 1908 cannot be set aside by the registering authority or by any authority invoking administrative powers, even where the registration is questioned on the ground of impersonation or fraud. Relying on the Full Bench decision of the Allahabad High Court in Smt. Kusum Lata v. State of U.P.., the bench...
Contract Doesn't Become “Statutory” Merely Because One Party Is An Instrumentality Of State: Allahabad High Court
The Allahabad High Court has held that a contract does not become a “statutory contract” merely because one of the contracting parties is an instrumentality of the State falling within Article 12 of the Constitution of India. It held that where a party's rights arise only from a purely commercial contract, that does not bar the State entity from floating a tender for competition venture,...
Fair Price Shop Dealer Must Be Allowed To Cross-Examine Complainants Before Licence Cancellation: Andhra Pradesh High Court
The Andhra Pradesh High Court set aside the termination of a temporary Fair Price Shop dealer, holding that the dealer was denied an opportunity to cross-examine the complainants and was not furnished with the material relied upon. [2026 LiveLaw (AP) 150]A Single Judge Bench of Justice Ravi Cheemalapati passed the order in a writ petition filed by a temporary Fair Price Shop dealer...
Employees Can't Be Left In Perpetual Stagnation Due To Lack Of Promotion Policy: Chhattisgarh High Court
The Chhattisgarh High Court has held that the absence of any promotional avenue resulting in perpetual stagnation of a cadre is arbitrary and violative of Articles 14 and 16 of the Constitution. The Court observed that the Chhattisgarh Health and Family Welfare Department Non-Clerical Paramedical and Nursing (Directorate Health Service) Class-III Recruitment Rules, 2013, do not provide...
Swadeshi Jurisprudence And Colonial Afterlife Of Order XXI
In civil matters, the separation of judgment from enforcement is not a colonial peculiarity. The idea is much older and can be traced at least to Roman law. In classical Roman procedure, a judgment, called the iudicatum, did not enforce itself. Instead, it created a new obligation known as the obligatio iudicati, treated as a debt arising from the judgment itself. If the debtor did not pay...
Telangana High Court Asks CBFC To Reconsider 'Girlfriend' Movie's U/A Certification, Says Nature Of Scenes May Impact Underage Viewers
The Telangana High Court has held that Telugu feature film starring actress Rashmika Mandana 'The Girlfriend' ought to have been granted an 'A' certificate instead of a 'UA 13+' certificate, after taking note of the film's portrayal of conduct inside a girls' hostel and its overall likely impact upon viewers below 18 years of age. [2026 LiveLaw (Tel) 111]The Court said that it was not inclined...
Knowledge Of Court Order Enough To Establish Contempt Even Without Formal Service To Party: AP High Court
The Andhra Pradesh High Court has held that formal service of a court order is not a prerequisite for holding a person guilty of civil contempt if it is established that the person had knowledge of the order and willfully disobeyed it. [2026 LiveLaw (AP) 149]Dismissing a contempt appeal filed by a Gram Panchayat Secretary, the Court upheld the order of a Single Judge holding him guilty...