'Merely Running School Is Not Charitable Purpose': Bombay High Court Rejects Education Trust's Property-Tax Exemption Bid

The Bombay High Court has dismissed a petition filed by Jai Hind Sindhu Education Trust seeking exemption from property tax, holding that an educational institution must establish for every financial year that its buildings and lands are solely occupied and used for a public charitable purpose. The Court held that merely running an educational institution, or being a linguistic...

Karnataka High Court Allows Minor To Change Name For Astrological Beliefs, Says Everyone Has Right To Be Recognized By Their Name

The Karnataka High Court has recently allowed an appeal filed by a minor girl seeking a declaration to change her name from 'Lakshmi N.'to 'Veena N.' in her school records due to numerological & astrological beliefs of her parents, holding that the right to be recognized by one's name is a civil right and that a civil suit for change of name is maintainable.[2026 LiveLaw (Kar) 404]The...

Civil Court Can Direct Police Assistance To Enforce Injunction Order Under Section 151 CPC: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a civil court can, in exercise of its inherent powers under Section 151 CPC, direct the police authorities to assist in the implementation of an injunction order. The Court observed that the availability of a remedy under Order 39 Rule 2A CPC does not bar a party from seeking police assistance for effective enforcement of an injunction.Justice Romesh Verma remarked that: “Merely for the reason that the petitioner has an alternative remedy under Order...

'Undue Fetter' On Right Of Appeal: Kerala High Court Sets Aside Order Requiring 50% Maintenance Deposit For Delay Condonation

The Kerala High Court recently held that courts cannot impose deposit of a percentage of the award amount as condition while considering an application under Section 5 of the Limitation Act to condone delay in preferring an appeal. [2026 LiveLaw (Ker) 558]Justice Jobin Sebastian opined that such a condition may be justified when the appellate court is considering an application for stay of execution of the award but not while considering an application for condonation of delay.“The right of...

Existing Hotels, Guest Houses Nearby Cannot Justify Commercial Land Use In Restricted Area: Himachal Pradesh High Court

The Himachal Pradesh High Court observed that the mere existence of hotels, guest houses and homestays in the vicinity of a plot could not justify permitting a Change of Land Use (CLU) in a designated Restricted Area. The Court held that the discretionary power under sub-regulation (vi) of General Regulation 18.1.2 had to be exercised on the basis of public interest or other material and justifiable considerations. In the absence of such reasons, allowing commercial use merely by relying on...

Patna High Court Dismisses PIL Against Commercial Use Of Bodh Gaya Monasteries

The Patna HC has held that a Public Interest Litigation cannot be used to pursue a dispute which, in substance, concerns competing interests of particular establishments or associations, merely by couching the relief in terms of enforcement of statutory provisions.A Division Bench of Justice Sudhir Singh and Justice Rajesh Kumar Verma heard the writ applications filed in the form of Public Interest Litigations by the Bodhgaya Hotel Association. The petitioner sought directions restraining...

No Record Of Property Being Enemy Or Evacuee Property, State Can't Stop Construction On Mere Allegations: Allahabad High Court

The Allahabad High Court has held that the State cannot stop construction on a land by merely alleging it to be evacuee property, without placing on record any document showing that the property was registered as evacuee property or that proceedings for its registration are pending.The bench of Justice Prakash Padia and Justice Vivek Saran held,“Since the respondents State has not brought...

Suit Not Liable To Dismissal For Want Of Permission To Sue In Representative Capacity, But Outcome Binds Only Parties: Allahabad High Court

The Allahabad High Court has held that a suit filed in a representative capacity under Order 1 Rule 8 CPC is not liable to be dismissed merely because the permission of the Court was never sought. It held that the only consequence is that it is treated as a suit by the plaintiffs alone, binding only the parties to it.Justice Saurabh Shyam Shamshery held,“As referred above, purpose of Order...

Non-Consensus Between Parties Can't Justify 7-Year Delay In Filing Appeal: Gujarat High Court

The Gujarat High Court refused to condone delay of over 7 years in filing an appeal against a trial court order concerning a civil suit, observing that non-consensus between petitioners over filing of appeal as well as Covid-19 pandemic were not sufficient causes to condone delay. [2026 LiveLaw (Guj) 272]The court was hearing a plea challenging an appellate court order which had dismissed...

Mere Entry Of Produce From Outside State For Processing Without Sale In Market Area Cannot Attract Development Cess: Uttarakhand High Court

The Uttarakhand High Court has held that mere bringing of agricultural produce from outside the State into a market area for manufacture or further processing, without any sale or purchase within the market area, cannot attract development cess. The Court held that the first proviso to Section 27(c)(v) of the Uttarakhand Agricultural Produce Marketing (Development and Regulation) Act, 2011...

AP High Court Permits Amendment Of Written Statement In Matrimonial Case After Trial Begins, Says Courts Should Not Be Hypertechnical

The Andhra Pradesh High Court has allowed a husband to amend his counter in proceedings under Section 9 of the Hindu Marriage Act, 1955, to correct inadvertent typographical mistakes.On a contextual reading of the pleading, the Court found that the disputed references were typographical errors. It held that courts should not adopt a “hyper technical approach” where such corrections...

Extra Excavation Alone Does Not Justify Royalty On Soil Unless Its Use As Minor Mineral Is Shown: Bombay High Court

The Bombay High Court had held that extra excavation of soil/earth during construction, by itself, does not make the excavated material a minor mineral so as to attract royalty. The Court observed that royalty cannot be imposed unless it is positively demonstrated, or clear inferences can be drawn, that the excavated material was used for purposes specified in the relevant notification....