Civil Law
26th Constitutional Amendment Abolishing Privy Purses Doesn't Alter Succession Law For Former Rulers' Estates: Karnataka High Court
The Karnataka High Court has upheld the vires, applicability of Section 5(ii) Hindu Succession Act–which exempts Act's applicability on estates passing to a single heir under a covenant between an erstwhile Ruler and the Indian Government or under a law enacted before the Act came into force–on personal properties, impartible estate of former rulers. [2026 LiveLaw (Kar) 294] The Court...
Existing Houses Near Kumbhalgarh Fort Can Be Repaired, Expanded; No New Construction On Fresh Foundations: Rajasthan High Court
Holding that persons residing near archaeological sites for generations cannot be ousted merely in the name of protecting such sites, the Rajasthan High Court has permitted residents of existing houses near Kumbhalgarh Fort to carry out repairs and additional construction over those structures, subject to requisite permissions.The division bench of Acting Chief Justice Sanjeev Prakash Sharma...
Minister Had No Authority To Cancel Highest Bid, Housing Board's Post-Facto Approval Was 'Paper Formality': Rajasthan High Court
The Rajasthan High Court has upheld a Single Bench order directing the Rajasthan Housing Board to accept the highest bid submitted by a bidder in an auction for a commercial plot, holding that the Minister of the Urban Development and Housing Department had no authority under the applicable rules to cancel the bid and that the subsequent approval by the Housing Board was merely a...
UP Tenancy Act | Court Fee On Appeal Must Be Valued On Subject Matter In Dispute, Not Fee Paid Before Rent Authority: Allahabad High Court
The Allahabad High Court has held that an appeal preferred to the Rent Tribunal under Section 35 of the U.P. Regulation of Urban Premises Tenancy Act, 2021 must be valued on the subject matter in dispute in appeal, and not on the court fee paid on the application originally instituted before the Rent Authority.Where a composite decree of eviction, arrears of rent and mesne profits is assailed...
Land Acquisition Act 1894 | Award As Per Court's Direction Can't Be Agitated For Not Computing Market Value Under 2013 Act: Allahabad High Court
The Allahabad High Court has held that an award made under the Land Acquisition Act, 1894 in compliance with a judicial direction to frame it in light of the Supreme Court's decision in Delhi Airtech Services Private Limited and another vs. State of U.P and another cannot be assailed on the ground that the market value ought to have been computed as on 01.01.2014, the date on which the Right...
Fair Compensation Act | State Can't Stay DM's Quasi-Judicial Order On Lapse Of Land Acquisition Without Statutory Power: Allahabad High Court
The Allahabad High Court has held that an order of the District Magistrate deciding a claim of lapse of acquisition under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is quasi-judicial in character, and the State Government cannot stay or nullify it by an executive order. It held that Section 24 confers no power...
UP Secondary Education Act | Appointment Against Fraudulently Created Short-Term Vacancy Can't Be Regularised: Allahabad High Court
The Allahabad High Court has held that Section 33-F of the U.P. Secondary Education Services Selection Board Act, 1982 cannot be invoked to claim substantive appointment where the short term vacancy against which the teacher was appointed was itself fraudulently created.Section 33-F provides for regularisation of appointments made against short term vacancies, entitling teachers appointed...
Order 41 Rule 27 CPC | Supreme Court Explains Parameters To Decide Application For Additional Evidence
While reiterating that an application seeking the production of additional evidence at an appellate stage needs to be decided on its own merit before delivering a judgment, the Supreme Court has laid down the parameters to be followed while dealing with an application under Order 41 Rule 27 of CPC. A bench of Justice SVN Bhatti and Justice NV Anjaria laid down the following parameters:...
Non-Supply Of Enquiry Report Not Mere Procedural Irregularity When Authority Relies On It To Terminate Contract: Patna High Court
The Patna High Court has held that once the Food Corporation of India (FCI) relies on an enquiry report to terminate a contract and impose civil consequences, it must first furnish a copy of that report to the affected contractor. The Court held that denial of the report deprives the contractor of an effective opportunity to respond and violates the principles of natural justice. A Division...
Bank Can Recover Loan Dues From Guarantor After Default Without First Proceeding Against Principal Borrower: Allahabad High Court
The Allahabad High Court has clarified that a bank can recover loan dues from a guarantor after the principal borrower defaults without first exhausting its remedies against the principal borrower.Referring to Section 128 Indian Contract Act, 1872 (Surety's liability), a bench of Justice Shekhar B. Saraf and Justice Abdhesh Kumar Chaudhary noted that the liability of the surety is...
Notice For Sarpanch's Removal Can't Be Served Through WhatsApp Or Wall Affixture: Orissa High Court
The Orissa High Court has recently held that notice for convening a meeting of Grama Panchayat for taking up 'no-confidence motion' against an elected Sarpanch must be served upon him personally, and any service through WhatsApp or by affixture of a copy thereof on residence wall is not permissible. [2026 LiveLaw (Ori) 92]While finding fault with the aforesaid procedure and holding the same to...