'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...

Allahabad High Court Slams UP Govt For Acquiring Land For Ayodhya Ram Mandir Without Paying Agreed Price

The Allahabad High Court has slammed the Uttar Pradesh government for acquiring Shri Thakur Ram Jankiji diety's land at 'Sugriv Kila' in Ayodha for development of Shri Ram Janma Bhoomi Temple, without paying sale price.The Court noted that the State was simultaneously questioning the deity's title and claiming that the land could not have been sold in the first place.Remarking that the...

Evidence Act | S.69 Can Be Invoked To Prove Will Only If Impossible To Prove Attestation Under S. 68: Supreme Court

The Supreme Court has held that Section 69 of the Indian Evidence Act, 1872 cannot be invoked as an alternative to the ordinary mode of proving a Will under Section 68. The Court said that ordinarily a Will must be proved under Section 68, it can only be proved under Section 69 once the propounder establishes that no attesting witness can be found for proving a Will under Section 68.“Section...

Remand Not To Be Ordered When Appellate Court Can Decide Issue Omitted By Trial Court Based On Already Adduced Evidence : Supreme Court

The Supreme Court has reiterated that an appellate court should not routinely remand a case to the trial court merely because a particular issue was not separately framed, where the pleadings, evidence and issues already on record enable the appellate court to decide the dispute itself.A bench of Justice S.V.N. Bhatti and Justice N.V. Anjaria heard the case where a Karta, out of a legal...

Right To Property | Conditions Not Imposed While Approving Building Plan Can't Be Added Later For Occupancy Certificate: Karnataka High Court

The Karnataka High Court has held that municipal authorities cannot impose the post-facto condition of executing a Relinquishment Deed for land without consideration, as a prerequisite for granting an Occupancy Certificate (OC), especially when such a condition was not imposed at the time of sanctioning the building license. [2026 LiveLaw (Kar) 290]The single judge bench of Justice B.M....

Mere Claim Of Ownership Of Suit Property Doesn't Make Third Party A Necessary Party In Small Causes Suit: Allahabad High Court

The Allahabad High Court has held that third party claiming independent title doesn't become necessary or proper party merely by asserting it in a small causes suit. It held that such a person can be brought on record only where his title has to be decided before the plaintiff's entitlement to the relief claimed can be determined.Order I Rule 10 CPC governs the addition of parties to a...

Writ Petition For Contractual Dues Against State Not Entertainable Unless Amount Is Admitted: Allahabad High Court

The Allahabad High Court has held that a writ petition seeking payment of contractual dues can be entertained against the State only where the dues are admitted. The bench of Justice J.J. Munir and Justice Indrajeet Shukla held,“We are conscious of the fact, that every writ petition seeking payment of contractual dues cannot be thrown out and can very well be entertained against the State...

Failure To Serve Order XXI Rule 22 Notice Won't Impact DRT Auction Sale : Supreme Court

The Supreme Court has held that the requirement to serve a legal notice on the judgment debtor's legal representatives under Order XXI Rule 22 CPC before execution of a decree does not apply to an auction sale conducted by the DRT under the Recovery of Debts and Bankruptcy Act, 1993. A bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe heard the case where the...

CPC | Residential Property Exemption u/s 60(1)(ccc) Is Personal To Judgment-Debtor; LR Can't Claim : Supreme Court

The Supreme Court has observed that a plea filed by a judgment-debtor's legal representative seeking an exemption from an attachment of the judgment-debtor's main residential house would not be maintainable under Section 60(1)(ccc) of the Code of Civil Procedure, 1908 [which is applicable in Punjab and Delhi]. A bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe held that...

Zamindari Abolition Act | Land Claims Must Be Decided On Entire Chain Of Revenue Records, Not Isolated Entry: Allahabad High Court

The Allahabad High Court has held that a claim under Section 229B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 has to be decided on the entire chain of revenue records. It held that a finding returned by isolating a single entry while leaving out continuous Khatauni entries running across several Faslis is perverse in law and cannot be sustained.Section 229B of the U.P....

Allottee Who Knowingly Took Lease Of Lesser Area Can't Claim Benefit Of Zero Period In Entirety: Allahabad High Court

The Allahabad High Court has held that a developer who took a lease of a smaller, scattered part of the land allotted to it, knowing the balance was not in the development authority's possession, cannot claim the benefit of “zero period” in its entirety, even where the authority was itself in default. Zero period is a concession granted to allottees of stalled group housing projects...

Where Idol Was Never Installed, No Juristic Person Came Into Existence; Devotion Alone Gives No Locus To Sue For Deity: Allahabad High Court

The Allahabad High Court has held that where a deed of gift stipulates only that an idol will be installed on the property in future and no idol is ever consecrated or installed, no juristic person comes into existence in whom the property can vest, and persons professing devotion to the deity have no locus standi to sue on its behalf.Justice Anil Kumar-X held,“However, the...