OTHERS
'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...
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...
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...
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....
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...