Civil Cases & Proceedures

The widely acknowledged Golden Principles, collectively known as the Triple-Test, are followed by the the courts in India as the pre-requisites before a party can be granted mandatory injunction, directing him to do or not to do a specific thing.

Using loudspeakers, for prayers or for reciting religious discourses, is not an essential part of any religion. Therefore, the Bombay High Court, in Jaago Nehru Nagar Residents Welfare Association v Commissioner of Police [2025:BHC-AS:3288-DB], ordered the Mumbai Police to strictly implement the Noise Pollution Rules, 2000 and ensure that no religious place creates noise pollution by using loudspeakers.

In land acquisition under the National Highways Act, 1956 ( NH Act), the First Schedule of the Right to Fair Compensation in Land Acquisition, Rehabilitation and Resettlement Act 2013 (2013 Act) and its relevant sections are squarely applicable since 1-1-2015, based on a notification under Section 105 (3) of the 2013 Act.

The limitation in a suit for cancellation of an alleged registered sale deed arises from the date of knowledge but not the date of registration of the sale deed, says the Supreme Court (SC) in Daliben Valjibhai & Others v Prajapati Kodarbhai Kachrabhai & Another [ 2024 INSC 1049].

The High Court of Kerala discusses the method of determination of market value of a land slated for acquisition under Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act), and the award of additional market value for structures under Section 30(3) in State of Kerala v V. J.  Mathew S/o Varkey Joseph [2024 3 KHC 413].

If the Registrar of Co-operative Societies has access to the information requested by an applicant under the Right To Information Act (RTI Act), and if the information is not exempt from disclosure under Section 8(1) of the Act, the official is obligated to provide that requested information to the applicant in The Muppathadam Service Co-Operative Bank Ltd. V The State Chief Information Commissioner [2024:KER:90020].

A void instrument need not be cancelled as such a document is non-existing (non est or null) in the eye of law but voidable written instrument can and need to be cancelled by filing a suit, says the Supreme Court (SC) in Prem Singh & Others v Birbal & Others [AIR 2006 SC 3608].

Injunction is a judicial order requiring the person to whom it is directed to, to do or refrain from doing a particular act or thing. It is a preventive relief given by a court preventing a party from doing something. Injunctions are of three kinds: temporary, perpetual, or mandatory.

To decide a case properly the framing of the issues should be appropriate. The framing of issues would help the parties to lead necessary evidence in support of the claims and the reliefs. It will give the other party to confront or construct the case to bring home his defence. Issues are the lamp post which enlightens the parties, the trial and the appellate court as to what the controversy is, what the evidence must be, and where the truth in the dispute lies.