Mediated Settlement Agreement Between Landlord & Tenant For Payment Of Rent Arrears Is Executable: Kerala High Court

The Kerala High Court recently held that a compromise agreement entered into between a landlord and a tenant regarding payment of arrears of rent during a court-referred mediation is executable before a civil court having pecuniary jurisdiction. [2026 LiveLaw (Ker) 435]The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. observed that the compromise agreement is in...

Rajasthan High Court Restrains Railways' Construction In Front Of Private Plot

The Rajasthan High Court has restrained the Railways from carrying out any further construction in front of a private plot in Jaipur, after the petitioner alleged that a proposed boundary wall could block his access to a 200-feet-wide road shown in his registered lease deed and site plan.Justice Anand Sharma passed the order in a writ petition filed by Avinash Agarwal, who claims to be the...

AP High Court Invokes Teachings From Hinduism, Christianity & Islam To Reinforce Protection Of Water Bodies, Halts Sand Excavation From Pond

Invoking teachings from Hinduism, Christianity, Islam which recognize water as a "common heritage" reflecting the essence of Public Trust Doctrine, the Andhra Pradesh High Court quashed District Collector's proceedings permitting excavation of sand and gravel from a village pond for National Highway construction.[2026 LiveLaw (AP) 183]The Court held that excavation of minor minerals cannot...

Property Purchaser Can't Seek Enforcement Of Sale Deed After Failing To Deposit Balance Amount For 20 Years: Allahabad High Court

The Allahabad High Court has held that a property purchaser cannot seek enforcement of a sale deed after failing to deposit the balance sale consideration for 20 years. In doing so the court quashed an order granting time to a purchaser, whose suit for specific performance was decreed, to deposit the balance sale amount after noting that he waited for 20 years to move the plea for extension...

Child Adopted By Widow Can Inherit Her Deceased Husband's Property: Allahabad High Court

The Allahabad High Court has reiterated that a son adopted by a widow after the death of her husband is to be treated as the adopted son of the deceased husband as well, and inherits the husband's share.Following High Court's earlier judgment in Subhash Misir U/G of Sri Janardan Tewari Vs. Thagai Misir, Justice Chandra Kumar Rai held,“This Court in the case reported in 1966 RD 255 Subhash...

Caste Certificate | Rejection Put Up On Department Website Recording Only 'Lack Of Evidence' Is Not A 'Speaking Order': Allahabad High Court

The Allahabad High Court has held that the display of a rejection letter on the official website of the department, recording nothing beyond lack of evidence, is not a 'speaking order' and cannot sustain the rejection of an application for a caste certificate. It added that an order which is not communicated to the person concerned does not become effective.Further, it held that the duty...

Plea Of Res Judicata Need Not Be Decided At Threshold In Small Causes Suits: Allahabad High Court

The Allahabad High Court has held that a defendant in a suit before a Court of Small Causes cannot insist, as a matter of right, that his plea of res judicata be decided at the threshold. It held that whether such a plea is taken up first depends on the nature of the enquiry it calls for, and where it turns on disputed facts, it must be decided along with the rest of the suit.Section 11 of...

Sale Deed Not Invalid Just Because Consideration Not Paid : Supreme Court

The Supreme Court recently ruled that an actual payment of the sale consideration at the time of execution is not necessary for completion of the sale; and the remedy against the non-payment of the balance consideration would be to file a money recovery suit rather than seeking a cancellation of sale deed.“When a sale deed is registered, even upon part payment of the sale price, title...

Land Acquisition | Awards From Different Villages Can Be Relevant To Determine Compensation If Location Is Comparable: Allahabad High Court

The Allahabad High Court has held that even where the principle of 'same village and same notification' does not strictly apply, the location of the land dealt with in earlier judgments can be relevant consideration for determining compensation under the Land Acquisition Act, 1894.The Court relied on two Supreme Court decisions on land in another village, acquired under earlier...

Allahabad High Court Imposes ₹2.5 Lakh Costs On Builder For Harassing Homebuyer For 13 Yrs Through Frivolous Litigation

The Allahabad High Court has imposed a cost of Rs. 2.5 Lakhs on a builder for making the homebuyer go through multiple rounds of frivolous litigation for 13 long years. Justice Prashant Kumar held,“Taking note of the hardships and vulnerabilities faced by home-buyers, the Government of India had enacted the Real Estate (Regulation and Development) Act, 2016 with the object of ensuring...

Fill Vacant Posts In Rajasthan Civil Services Appellate Tribunal Or DoP Principal Secretary Must Appear: Rajasthan High Court

The Rajasthan High Court has directed the Principal Secretary, Department of Personnel (DoP) to remain personally present before it if appointments to the vacant posts in the Rajasthan Civil Services Appellate Tribunal, Jaipur, are not made before the next date of hearing.A division bench of Justice Inderjeet Singh and Justice Sandeep Taneja passed the direction after recording the statement...

Mere Non-Payment Of Electricity Dues Not 'Electricity Theft' Without Proof Of Meter Tampering: Patna High Court

The Patna High Court has held that mere non-payment of electricity dues does not amount to electricity theft under Section 135 of the Electricity Act, 2003, where there is no material to show that the connection had actually been disconnected or that the consumer had tampered with the meter.A Single Judge Bench of Justice Jitendra Kumar observed that while the consumer could be liable to pay...