Constitutional Law
AMU Statute Requiring Two-Third Majority Of Executive Council To Terminate Teacher Not Arbitrary: Allahabad High Court
The Allahabad High Court has held that Statute 40(3)(b) framed under the Aligarh Muslim University Act, 1920, which requires a two-third majority of the members of the Executive Council present and voting to determine a teacher's employment, is not ultra vires Article 14 of the Constitution. It held that Statute 40 read as a whole gives a teacher a hearing and the benefit of a due inquiry...
Bank Can't Deny Education Loan To Student Solely Due To Parent's Poor CIBIL Score: Karnataka High Court
Highlighting that the 'creditworthiness of a parent' cannot impede the 'educational aspirations or constitutional rights' of a student, the Karnataka High Court has quashed a rejection letter issued by Karnataka Grameen Bank which denied an educational loan of Rs 12.5 lakhs to a student pursuing B.E. in Artificial Intelligence. [2026 LiveLaw (Kar) 267]“…A CIBIL score is merely one...
Mere Transfer Of Defrauded Amount To Accused's Account Doesn't Establish Same Transaction To Club FIRs : Supreme Court
Part of defrauded amounts transferred to petitioner's bank account does not, by itself, establish all incidents form part of same transaction, the Court said.
Married Woman Can Claim Compassionate Appointment After Father's Death, No Presumption Of Dependence On Husband: Chhattisgarh High Court
The Chhattisgarh High Court has held that a married daughter cannot be denied consideration for compassionate appointment merely on the presumption that she is dependent upon her husband and not upon her deceased father. The Court observed that dependency is a question of fact to be determined on the evidence in each case and that marital status, by itself, cannot furnish a valid basis to...
Municipal Corporation Employees Can Only Be Sent To Other Corporations On Deputation, Not By Transfer Order: High Court
The Chhattisgarh High Court has held that under Sections 58(5) and 58(6) of the Chhattisgarh Municipal Corporation Act, 1956, an employee of one Municipal Corporation can be sent to another Corporation only on deputation or while retaining lien, and not through a pure transfer order. The Court observed that where an order neither places the employee on deputation nor protects his lien in...
Absence Of Promotional Avenues Does Not Render Service Rules Unconstitutional; No Right To Promotion: Chhattisgarh High Court
The Chhattisgarh High Court has held that the mere absence of promotional avenues in a service cadre does not render statutory service rules unconstitutional, reiterating that no government servant possesses a fundamental or vested right to promotion. The Court observed that while an employee has a right to be considered for promotion where the applicable service rules provide a...
HC Rule Barring Special Appeal Yields To Natural Justice; Appeal Maintainable Against Non-Speaking Single Judge Order: Allahabad High Court
The Allahabad High Court has held that a special appeal is maintainable against a non-speaking order passed by a Single Judge, notwithstanding the bar contained in the Allahabad High Court Rules, 1952. It held that the requirement to record reasons is a facet of natural justice, and that the bar created by Rule 5 must yield to it.Rule 5 of Chapter VIII of the Rules, 1952 bars a special...
Kerala High Court Upholds Aadhar-Based Authentication For Online Tatkal Tickets, Asks IRCTC To Also Consider PAN As Alternative
The Kerala High Court has upheld the Aadhaar-based OTP authentication for online tatkal ticket booking in trains on IRCTC platform. [2026 LiveLaw (Ker) 393]The Court, however, asked the IRCTC to consider whether an option can be provided to users to choose between PAN card and Aadhar-based OTP authentication.The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M....
Investors Have Right To Know Antecedents Of Real Estate Developers: Delhi High Court Rejects Masking Plea After FIR Quashed
The Delhi High Court has refused to direct masking and anonymisation of the names of a real estate firm and its promoters from judicial records pertaining to a criminal case that was quashed on the basis of a settlement, observing that prospective investors and stakeholders have a right to know the antecedents of the persons with whom they propose to engage in business. [2026 LiveLaw...
Contract Doesn't Become “Statutory” Merely Because One Party Is An Instrumentality Of State: Allahabad High Court
The Allahabad High Court has held that a contract does not become a “statutory contract” merely because one of the contracting parties is an instrumentality of the State falling within Article 12 of the Constitution of India. It held that where a party's rights arise only from a purely commercial contract, that does not bar the State entity from floating a tender for competition venture,...
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...