Constitutional Law
BREAKING | Split Verdict On 'Bulldozer Justice': Allahabad High Court Judges Differ On 2-Year Ban On Razing Houses Of Accused Post-FIR
In a significant development concerning the demolition action across the state, a division bench of the Allahabad High Court today delivered a split verdict on whether the State can be barred from taking any action to demolish the house of an accused for a period of two years from the date of registration of an FIR. While Justice Atul Sreedharan observed that a 2-year hiatus must be put...
No Violation Of RTE Act In Asking EWS Student To Repeat Class V After Failing Re-Examination: Delhi High Court
The Delhi High Court has refused to interfere with a private school's decision to detain an Economically Weaker Section (EWS) student in Class V after he failed to clear the annual examination as well as the re-examination. [2026 LiveLaw (Del) 665]Justice Jasmeet Singh observed that Section 16 of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) needs to be read in a meaningful manner and children from economically weaker backgrounds cannot be promoted unless they are...
Know The Law | When Can High Courts Grant Relief Under Article 226 Beyond Pleadings? Supreme Court Explains
The Supreme Court recently clarified that although High Courts are ordinarily expected to remain confined to the pleadings and reliefs sought by parties, the rule is flexible while exercising jurisdiction under Article 226 of the Constitution. In exceptional cases, where the record clearly establishes a legal entitlement and denying relief on technical grounds would perpetuate injustice,...
Art. 226 | High Courts Cannot Reweigh Evidence Or Interfere With Factual Findings In Certiorari Jurisdiction : Supreme Court
The Supreme Court has held that the Writ of Certiorari cannot be issued by the High Court to review or reweigh the evidence based on which subordinate courts decided a matter. The Court reiterated that such a jurisdiction is issued only to correct errors of jurisdiction committed by Courts or Tribunals, but not for reappreciation of evidence or acting as a Court of appeal. Holding so, a bench...
PITNDPS Act | Unexplained Delay In Acting On Police Dossier Makes Preventive Detention A "Mockery": J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has quashed the preventive detention of a man booked under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PIT-NDPS) Act, 1988, holding that the authorities' unexplained delay of more than four months in acting upon the police dossier destroyed the very basis of the detention.Observing that preventive detention...
Chhattisgarh High Court Quashes Dismissal Of Teacher On Allegations Of Objectionable Whatsapp Message To Girl Student
The Chhattisgarh High Court has held that an authority cannot dispense with the inquiry contemplated under Article 311(2) of the Constitution by merely recording its satisfaction. The Court held that where recourse is taken to Article 311(2)(b), the authority must record reasons in writing for dispensing with the inquiry, and in the absence of such reasons, the order of dismissal cannot...
J&K Reservation Act Is Complete Code; Statutory Appeal & Revision Must Be Exhausted Before Invoking Article 226: High Court
The High Court of Jammu & Kashmir and Ladakh has held that the Jammu and Kashmir Reservation Act, 2004, read with the Jammu and Kashmir Reservation Rules, 2005, constitutes a complete statutory code providing remedies of appeal and revision against orders relating to the issuance, rejection or cancellation of category certificates.Holding that such statutory remedies must ordinarily...
