Constitutional Law

Shiksha Mitras Can't Claim Parity With Pre-TET In-Service Teachers, Exclusion Not Violative Of Articles 14 & 16: Allahabad High Court
The Allahabad High Court has held that the exclusion of Shiksha Mitras from the Special Teacher Eligibility Test notified for in-service teachers does not offend Articles 14 and 16 of the Constitution of India. It held that teachers already in service when the Teacher Eligibility Test was made mandatory form a distinct class, and that the Special TET is a transitional measure enabling that...

Kerala High Court Asks Legislature To Reconsider DNA Test Requirement For Correcting Father's Name In Birth Records Where Paternity Is Undisputed
The Kerala High Court has asked the legislature to re-consider the statutory mandates under the Registration of Births and Deaths Act (1969) and the Rules (1999) requiring DNA test reports, notarized agreements, court order, etc. while applying for correction in father's name in birth records in cases where paternity is undisputed. [2026 LiveLaw (Ker) 544]Justice P.V. Kunhikrishnan...

Parents Cannot Invoke Habeas Corpus To Compel Adult Daughter To Reside With Them Against Her Will: Allahabad High Court
The Allahabad High Court has observed that the parents cannot invoke the writ of habeas corpus to compel their adult daughter to live with them against her express will. The High Court observed that once an adult consciously and voluntarily chooses where to reside, her autonomy and decisional freedom deserve due recognition. A bench of Justice Sandeep Jain made the observation while...

ED Attachment Of Property Can Be Challenged Under Article 226, But Entertaining Writ Is Court's Discretion: Karnataka High Court
The Karnataka High Court has refused to entertain a writ petition challenging an order confirming attachment of properties under the PMLA despite the predicate offence having been quashed. The Court held that since the PMLA constitutes a “complete Code” providing a hierarchy of authority and remedies, and while Article 226 petition is maintainable against attachment order however...

Writ Court Can't Sit As Academic Expert To Decide Equivalence Of Degrees Where Rules Prescribe None: Allahabad High Court
The Allahabad High Court has held that where the service rules prescribing the qualification for a post make no provision for consideration of equivalent degrees, the writ court cannot decide whether a degree not named in the rules is equivalent to the one prescribed. It held that in exercise of its power under Article 226 of the Constitution of India, the Court cannot sit as an academic...

Teacher's Challenge To Termination By Private Unaided Trust Not Maintainable In Writ, Dispute Is Contractual: Allahabad High Court
The Allahabad High Court has held that a writ petition challenging the termination of a teacher by a private unaided educational institution run by a trust is not maintainable under Article 226 of the Constitution. It held that the dispute being a purely contractual one between employer and employee.Distinguishing between the amenability of a private body to writ jurisdiction and...

That Trafficking Victim Is A Bangladeshi Immigrant Is No Defence : Bombay High Court Upholds Brothel Owner's Conviction
Labels 'illegal immigrant' or 'sex worker' will not deprive a person of the right to dignity, the Court said.

Freedom Of Speech Does Not Protect Defamatory, Abusive Or Malicious Social Media Content: Tripura High Court
The Tripura High Court has refused to quash FIRs and charge sheets against a content creator accused of making allegedly derogatory remarks against the Prime Minister, the Mayor of Agartala and Mata Tripureswari on social media. The Court observed that while freedom of speech is a fundamental right, it is subject to the reasonable restrictions under Article 19(2) of the Constitution,...

Kerala High Court Allows Couple To Continue IVF Treatment After Crossing ART Act Age Limit Upon Undertaking To Bear All Risks
The Kerala High Court, in a recent decision, permitted a married couple to continue IVF treatment even though one of them had crossed the statutory age limit prescribed by Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021. [2026 LiveLaw (Ker) 537]Justice Harisankar V. Menon took note of Punjab and Haryana High Court decision relied on by the couple wherein in a...

Pakistani National Married To Indian Citizen Has No Vested Right To Seek Visa: Kerala High Court
The Kerala High Court recently held that a foreign national does not have a right for consideration of her visa application to India merely because she is married to an Indian citizen. [2026 LiveLaw (Ker) 535]Justice Bechu Kurian Thomas dismissed the writ petition filed by a married couple, one of whom was a Pakistani national, who wanted to enter India to attend her...

Plea Before Kerala High Court Challenging Centre's TV Rating Policy Clause On Landing Page Viewership Withdrawn
The Kerala High Court on Monday (September 28) permitted the petitioners to withdraw a plea challenging the proviso to Clause 5.4.1 of the TV Ratings Policy 2026 issued by the Ministry of Information & Broadcasting (MIB). [2026 LiveLaw (Ker) 529] According to this clause, viewership arising out of Landing Page shall not be counted in the viewership measurement and that Landing Page can...

Preventive Detention | Not Informing Detenu Of Right To Represent To Central Govt Violates Article 22(5) Safeguard: Karnataka High Court
The Karnataka High Court has held that the failure to inform a detenu of their right to make a representation to the Central Government under Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act 1988 seeking revocation of detention order, violates safeguard under Article 22(5) of the Constitution of India. A Division Bench of Justice M. Nagaprasanna and Justice...
