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...

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...

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...

Motor Accident Compensation Can Be Enhanced Even Without Claimants' Cross-Appeal If Insurer Challenges Quantum: Allahabad High Court

The Allahabad High Court has held that where an Insurance Company appeals against an award of the Motor Accident Claims Tribunal, the compensation can be enhanced even though the claimants have filed no appeal or cross-objection. It held that once the adequacy of the award is in question in the appeal, the Court is duty-bound to see whether what was awarded is 'just compensation' and to...

Land Acquisition Authority Award Executable As Decree By District Judge, However Can't Entertain Objections On Merits: Allahabad High Court

The Allahabad High Court has held that an award of the Land Acquisition, Rehabilitation and Resettlement Authority (LARRA) under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, being a deemed decree, is executable by the District Court.Justice Jaspreet Singh held that the District Court executing it acts merely as an executory...

Land Acquisition Authority Has No Power To Execute Its Own Award, Power Of Execution Can't Be Read Into Statute: Allahabad High Court

The Allahabad High Court has held that the Land Acquisition, Rehabilitation and Resettlement Authority (LARRA) constituted under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has no power, authority or jurisdiction to execute its own award. It held that no such power has been conferred by the Act, that no rules conferring it...

Delay May Be Condoned Where Counsel's Actions Substantially Contributed To Litigant's Procedural Lapse: Sikkim High Court

The High Court of Sikkim has condoned the delay in filing a civil revision petition, observing that acts of counsel which cause delay should not operate to the prejudice of a litigant in a manner that results in denial of justice.The Court was considering an application under Section 5 of the Limitation Act, 1963 seeking condonation of delay in filing a revision petition under Section 115 of...

O. 2 R. 2 CPC | Omitted Relief Remains Barred Despite Order 23 Liberty To File Fresh Suit : Supreme Court

The Supreme Court on Tuesday (September 29) has observed that an injunction suit simpliciter filed without the Court's leave under Order 2 Rule 2 of the Code of Civil Procedure, while omitting the relief of specific performance, cannot be withdrawn to file a fresh suit seeking that omitted relief under Order 23 Rule 1 of the CPC. The Court held that even where leave to file a fresh suit...

Know The Law | When Can An Issue Be Tried First Under Order XIV Rule 2 CPC As Preliminary Issue?

The Supreme Court has recently held that an issue can be tried first only if it is a pure issue of law relating to jurisdiction or a statutory bar, and only before the court has begun trying all the issues together.A bench of Justice KV Viswanathan and Justice Arun Palli ruled so while setting aside the orders of the trial court, the first appellate court and the Kerala High Court. The...

'Same Document Considered For Other Claimants Cannot Be Ignored In Land Acquisition Claim': Jharkhand High Court

The Jharkhand High Court has held that where the same document has been relied upon for granting compensation to similarly placed claimants, such document cannot be ignored while adjudicating another land acquisition compensation claim.A Single Judge Bench of Justice Sanjay Kumar Dwivedi was hearing an appeal arising out of a long-pending land acquisition compensation dispute concerning...