Permanent Debarment Of Auditor From Future Empanelment Not Permissible Under Maharashtra Co-Operative Societies Act: High Court

The Bombay High Court has held that neither the Maharashtra Co-operative Societies Act, 1960 nor the Maharashtra Co-operative Societies Rules, 1961 contemplate permanently debarring an auditor from future empanelment merely because his name was removed from an earlier panel. The Court further held that a clause in the Commissioner's Circular imposing such a permanent disqualification...

Unexplained Delay In Deciding Detenu's Plea For Release Renders Continued Detention Illegal: AP High Court

The Andhra Pradesh High Court set aside a preventive detention order after holding that the continued detention of the detenu became illegal due to the State Government's unexplained delay in deciding his representation for release. [2026 LiveLaw (AP) 181]In doing so the court said that any unreasonable and unexplained delay in considering a representation violates the constitutional...

Keeping Person In Police Custody Under Guise Of 'Voluntary Cooperation' Violates Article 22: Chhattisgarh High Court

The Chhattisgarh High Court has held that investigating agencies cannot keep a person in their custody under the guise of "voluntary cooperation" to circumvent the constitutional safeguards against arrest, observing that such a course would violate Article 22 of the Constitution. The Court ruled that a mere endorsement on a notice stating that a person is voluntarily accompanying the...

Police Constable Can't Be Dismissed Solely On Conviction, Disciplinary Authority Must Consider Conduct Which Led To It: Allahabad High Court

The Allahabad High Court has held that a police officer cannot be dismissed from service under Rule 8(2)(a) of the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 merely because he stands convicted on a criminal charge, unless the disciplinary authority has first considered the conduct which led to that conviction. It held that such consideration is a...

Unexplained Delay By Public Authority In Deciding Citizen's Application Attracts 'Doctrine Of Malice In Law': Allahabad High Court

The Allahabad High Court has held that where a public authority sits over a citizen's application for an indefinite period without any reasonable or plausible justification, the inaction by itself attracts the doctrine of malice in law and shows arbitrariness. It held that an unjustified delay in permitting a citizen to carry on a lawful trade or business must answer to the “golden...

Contractor Cannot Indirectly Challenge Govt Action Against Another Entity Through Writ Petition: Allahabad High Court

The Allahabad High Court has held that a contractor cannot indirectly challenge Government action taken against another entity by filing a writ petition under Article 226 of the Constitution. A bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary added that where the grievance essentially arises out of contractual rights flowing from Letters of Intent, the appropriate remedy...

Writ Petition Not Maintainable Against CMD Of Government Company As It Is Not A 'Public Office': Bombay High Court

The Bombay High Court has held that a writ of quo warranto is not maintainable against the Chairman-cum-Managing Director (CMD) of a Government company merely because the appointment is made by the President of India or the company is government-controlled. The Court further observed that for a writ of quo warranto to lie, the office in question must be a "public office" created by law and...

Judgments Are Retrospective Unless Expressly Made Prospective : Supreme Court

The Supreme Court has reiterated that unless its judgment expressly states that the decision would apply prospectively, it shall apply retrospectively. “If a decision of the Apex Court does not expressly provide its application to be prospective, then it is settled law that all decisions of this Court are retrospective in application…”, observed a bench of Justice Dipankar Datta...

ED Search, Freezing Action Not Purely Civil, Can Be Challenged Under Article 226 Read With S.482 CrPC: Karnataka High Court In Gameskraft's Case

The Karnataka High Court on Wednesday (August 5) held that a writ petition under Article 226 of the Constitution read with Section 482 CrPC, challenging Enforcement Directorate's search and freezing action under Section 17(1A) of the Prevention of Money Laundering Act (PMLA) is maintainable. [2026 LiveLaw (Kar) 280]The single judge bench of Justice M Nagaprasanna thus rejected ED's...

Article 22(1) | Police Pay 'Scant Regard' To Arrest Safeguards, Scorn Judgments Enforcing Fundamental Rights : Allahabad High Court

The Allahabad High Court last week strongly criticised the police's approach to constitutional safeguards, observing that they have "traditionally paid scant regard" to the requirements of Article 22(1) of the Constitution and often fail to appreciate the significance of fundamental rights when exercising the power of arrest. Referring to a series of landmark Supreme Court judgments which...

YouTuber Can't Invoke Writ Jurisdiction To Restore Channel Deleted Over Alleged Copyright Strikes: Uttarakhand High Court

The Uttarakhand High Court has held that a writ petition under Article 226 of the Constitution cannot be invoked by a YouTuber to seek reinstatement of a YouTube channel deleted on account of alleged copyright strikes. In doing so the court said that public law remedy is not a relief in a contractual dispute between a YouTuber and the social media platform. The petitioner, a YouTuber, had...

'Sought To Negate Court Orders': Karnataka High Court Strikes Down State Laws Denying Pension Benefits To Private Aided School Employees

Highlighting the parity between government and aided school employees, the Karnataka High Court has struck down two state enactments that sought to deny pensionary benefits and additional increments to teachers and non-teaching staff of private aided educational institutions.The Division Bench of Justice Pradeep Singh Yerur and Justice S.G Pandit in its order held that the two state...