Civil Law
Motor Accident Claim | Acquittal In Criminal Case Per Se Won't Prove Lack Of Negligence : Supreme Court Explains Principles
Acquittals in Criminal Court cannot control or dictate the outcome of MACT proceedings, the Supreme Court has held, reiterating that criminal proceedings and motor accident compensation claims operate in distinct legal spheres and are governed by different standards of proof."A subsequent acquittal in a criminal case does not affect the assessment of tortious liability under the MV Act......
'All Parties Didn't Consent To Settlement', Supreme Court Sets Aside Lok Adalat Award In Land Acquisition Dispute
The Supreme Court on Wednesday (August 19) set aside Lok Adalat awards passed in a land acquisition dispute, holding that the awards could not be sustained as they did not reflect a genuine agreement under Section 29 of the Land Acquisition Act, 1894, since all the disputing claimants were neither parties nor signatories to the settlement. “…the High Court in its impugned judgment erred...
'Lis Pendens Applies To Involuntary Alienations'; Court Auction Sale Also Subject To Outcome Of Pending Suit: Allahabad High Court
The Allahabad High Court has held that the principle of lis pendens applies even to a court auction sale, an involuntary alienation, and the auction purchaser takes the property subject to the outcome of a suit already pending over it. The Court clarified that notice of the prior claim or agreement is not the basis for applying the doctrine; it operates because of the pendency of the...
Allahabad High Court Deprecates State's Failure To Pay Counsel's Fees, But Rejects ₹4.8 Crore Writ Claim As Not Maintainable
The Allahabad High Court has deprecated the State's failure to pay professional fees to counsel engaged to defend its cases, observing that such non-payment could constrain advocates to approach the courts. However, while dismissing an advocate's four writ petitions seeking recovery of about ₹4.8 crore as not maintainable, the Court held that disputed claims for professional fees arising from...
Section 47 CPC | Execution Proceedings Cannot Reopen Issues That Could Have Been Raised At Trial: Allahabad High Court
The Allahabad High Court has observed that objections under Section 47 of the Code of Civil Procedure (CPC) cannot be used to reopen issues that could have been raised and decided during the original trial, unless the judgment-debtor is able to establish that the decree is void and inexecutable on the face of it.A bench of Justice Anil Kumar-X made the observation while dismissing a...
Approved Building Plan Not 'Personal Information', Can Be Disclosed To RTI Applicant: Kerala High Court
The Kerala High Court has held that a building plan approved by a local body would not constitute 'personal information' as per the Right to Information Act (RTI Act) and can, therefore, be disclosed to an RTI applicant. [2026 LiveLaw (Ker) 454]Justice Murali Purushothaman held:“Once a building plan is approved by the Secretary of the Panchayat, it forms part of the records relating to...
Orders Against State Bind All Its Departments, Officers Even If Not Named As Parties To Proceedings: Telangana High Court
The Telangana High Court has held that an order passed against the State binds all its departments, instrumentalities, agencies and officers, even if a particular department was not specifically made a party to the earlier proceedings. The Court said that the State is one juristic entity and cannot use different departments to repeatedly raise issues which have already been concluded against...
Pendency Of Civil Suit Does Not Bar Mutation Proceedings: Andhra Pradesh High Court
The Andhra Pradesh High Court has held that the mere pendency of a civil suit relating to title does not bar revenue authorities from exercising their statutory powers to conduct mutation proceedings under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. [2026 LiveLaw (AP) 191]In doing so, the Court clarified that while the Civil Court's declaration of title would...
AP High Court Sets Aside Gift Deed Restoration Order As Subsequent Transferees Were Not Heard
The Andhra Pradesh High Court has set aside a Single Judge order that had restored a registered gift deed, ruling that writ proceedings cannot adversely affect the rights of third-party purchasers without impleading them and giving them an opportunity of hearing. [2026 LiveLaw (AP) 190]The Division Bench comprising Justice Ravi Nath Tilhari and Justice Purushottam Kumar...
'To Preserve Confidence In Justice', Kerala High Court Transfers Family Court Case Over Litigant's Apprehension Of Bias
The Kerala High Court recently permitted a case to be transferred from one Family Court to another after a litigant raised an issue of bias. [2026 LiveLaw (Ker) 448]Justice Mohammed Nias C.P. reserved opinion regarding the correctness of the allegation and observed that the case is being transferred only with a view to preserve the litigant's faith in the judiciary.“It is only in cases...