Constitutional Law
Can't Interfere With Tenancy Proceedings Under Article 227 Supervisory Jurisdiction When Statutory Remedy Available: AP High Court
The Andhra Pradesh High Court declined to interfere with pending tenancy proceedings under Article 227 of the Constitution, holding that its supervisory jurisdiction cannot ordinarily be invoked where an effective alternative remedy exists. [2026 LiveLaw (AP) 143]It further held that questions requiring factual adjudication, such as whether the relationship between landlord and tenant...
Co-Operative Bank Performing Public Functions Amenable To Writ Jurisdiction Despite Not Being 'State' Under Article 12: J&K&L High Court
Expanding the contours of judicial review under Article 226 of the Constitution, the High Court of Jammu & Kashmir and Ladakh has held that the maintainability of a writ petition no longer depends solely upon whether the respondent is a 'State' under Article 12.The Court Observing that the touchstone for invoking Article 226 is the presence of a public law element, not the formal status of the body against whom relief is sought the court emphasised that where a Cooperative Bank carries on...
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...
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...
