Topic
The Bombay High Court has ruled that legal heirs of deceased writ petitioners may be substituted even after a 17-year delay, provided they demonstrate sufficient cause and no prejudice to respondents. This reinforces that constitutional remedies under Article 226 are not extinguished by mere lapse of time, safeguarding the rights of successors in public law litigation.
The Bombay High Court has ruled that under the ULC Act repeal, land declared surplus but never taken into physical possession by the State reverts automatically to the original owner. A notification under Section 10(3) alone, without actual possession or control, cannot sustain State ownership post-repeal, rendering all pending proceedings abated. This clarifies a critical loophole affecting thousands of landowners whose properties were notified but never acquired.
Patna High Court holds that the repeal of pre-emption rights under the Bihar Land Reforms Act does not affect vested rights in already concluded proceedings, including executed sale deeds and mutations. The ruling protects pre-emptors from retrospective deprivation of rights, reinforcing the principle that statutory repeals cannot unsettle finalized transactions.
Kerala High Court holds that criminal revision filed by complainant abates upon death of accused, as no legal right survives for continuation of proceedings under Section 498A or 306 IPC.