Constitutional Law

Absence Of Medical Certificate Can't Defeat Plea For Virtual Evidence Recording Due To Physical Infirmity: P&H High Court
The Punjab and Haryana High Court has held that trial court cannot reject a person's application for recording evidence through video conferencing solely on the ground that no medical certificate was furnished for citing physical infirmity. Justice Deepinder Singh Nalwa observed that Video Conferencing Rules, framed by the High Court under Articles 225 and 227, provide for recording of...

Petitioner's Residence Can't Confer Article 226 Jurisdiction When Impugned Order Passed Outside HC Territory: Allahabad High Court
The Allahabad High Court has reiterated that it cannot entertain a writ petition against an order passed by an authority situated outside its territory merely because the petitioner resides within its territory. Justice Anish Kumar Gupta relied on Lt. Col. Khajoor Singh v. Union of India, wherein the Apex Court held that jurisdiction under Article 226 of the Constitution turns on where...

Delhi High Court Asks Centre To Decide Plea For Guidelines Curbing Social Media Access For Children Below 13 Yrs
The Delhi High Court has asked the Central Government to consider a plea seeking guidelines for protecting children under 13 years by imposing curbs on access to social media and regulation of content for children between 13-16 years of age. [2026 LiveLaw (Del) 769]This comes after the Centre told the division bench of Justice V Kameswar Rao and Justice Manmeet Pritam Singh Arora that the...

Former Wife Protected By DV Act Residence Order Can Seek Police Protection, But Can't Oust Husband From His Own House: Kerala High Court
The Kerala High Court recently granted police protection to a woman, who was sharing a household with her former husband, after obtaining a residence order under the Protection of Women from Domestic Violence Act, 2005. [2026 LiveLaw (Ker) 479]Justice Bechu Kurian Thomas directed that police protection can be given upon written request since the peculiar living situation might create...

Art. 226 | Certiorari Can Be Used To Quash Tribunal Decision Which Is Grossly Perverse : Supreme Court
The Supreme Court on Monday (August 31) held that High Courts, while exercising their certiorari writ jurisdiction under Article 226 of the Constitution, can interfere with a Tribunal's order where the findings are unsupported by any material or documentary evidence. “If a finding is recorded without there being any evidence on record or a finding is recorded without any supporting...

'Right To Livelihood Not Absolute': Orissa High Court Upholds Govt Notification Prohibiting Tobacco-Laced Food Products
The Orissa High Court has held that 'chewing tobacco' is a 'food' under the meaning of Section 3(1)(j) of the Food Safety and Standards Act, 2006 (the 'FSS Act') and as a consequence, it has also upheld a notification of the State Government prohibiting the manufacture, processing, packaging, storage, transportation, distribution or sale of all food products containing tobacco or nicotine....

Jharkhand High Court Transfers Probe Into Disappearance Of Minor Girl Missing Since 2020 To CBI; Cites Cross-State Digital Trails
The Jharkhand High Court has transferred to the Central Bureau of Investigation (CBI) the investigation into the disappearance of a minor girl who has remained untraced since October 2020, observing that the case involves grave complexity, cross-jurisdictional dimensions and digital trails extending across multiple States.A Division Bench of Justice Sujit Narayan Prasad and Justice Sanjay...

Whether Appointment Of Deputy Chief Ministers Unconstitutional? Orissa High Court Reserves Order
The Orissa High Court on Thursday (August 27) heard and reserved verdict in a Public Interest Litigation (PIL) challenging constitutionality of the appointment of Bharatiya Janata Party (BJP) leaders Kanak Vardhan Singh Deo and Pravati Parida as Deputy Chief Ministers (Deputy CMs) of the State pursuant to the election victory of the party in 2024 Assembly elections, as there is no stipulation...

Arrest Grounds Must Be Communicated To Arrestee, Relative Before Production Before Magistrate For Transit Remand: Kerala High Court
The Kerala High Court has held that arrest of a person would be vitiated if the arrestee's relative/friend/nominated person is not informed of the arrest grounds when first produced before the nearest, non-jurisdictional magistrate for transit remand. [2026 LiveLaw (Ker) 465]Dr. Justice Kauser Edappagath observed: “when a person who is arrested is brought before a non-jurisdictional...

24-Hour Clock For Production Runs From Formal Arrest Where Pre-Arrest Detention Is Statutorily Authorised: Kerala High Court Issues Guidelines
The Kerala High Court has issued a slew of guidelines that must be followed upon the arrest of persons in order to safeguard their constitutional and statutory rights. [2026 LiveLaw (Ker) 463]Dr. Justice Kauser Edappagath, while considering a batch of bail applications, further clarified that an accused has to be produced before the Magistrate only within 24 hours of formal arrest, and not...

'No Right To Take Any Particular Route For Religious Procession Under Article 25': Bombay High Court
The Bombay High Court has held that the right guaranteed under Article 25 to practise one's religion is subject to the larger interest of law and order, public order and the needs of other sections of the population, when the same are adversely affected by the exercise of the right in a particular manner. The Court observed that the exercise of the right to practise one's religion is one...

CBSE, CISCE Schools In UP Not Exempt From RTE Obligations: Allahabad High Court Seeks 5-Yr Data On Denied Admissions, Fee Complaints
Court says CBSE, CISCE affiliation does not exempt private schools from State-imposed RTE obligations to admit children from economically weaker sections and disadvantaged groups in Uttar Pradesh.
