Constitutional Law

Allottee Must Be Compensated For Investment If Advertisement Is Withdrawn Due To Authority's Own Fault: Allahabad High Court
The Allahabad High Court has held that where an advertisement is cancelled after a Letter of Intent has been issued, and the cancellation is the authority's own fault rather than any breach by the allottee, the allottee must be compensated for what he has spent in complying with the Letter of Intent. Moulding the relief under Article 226 of the Constitution of India, the Court awarded...

Allahabad High Court Declares Mandatory Injury Report Requirement Under UP Financial Assistance Scheme For POCSO Survivors 'Unconstitutional'
The Allahabad High Court has declared 'unconstitutional' the mandatory requirement under the Uttar Pradesh Rani Lakshmi Bai Mahila Evam Bal Samman Kosh Scheme, 2015, to submit an injury report indicating penetrative sexual assault to claim financial assistance for child sexual assault survivors.A Bench of Justice Saral Srivastava and Justice Garima Prashad held that the condition was...

Rajasthan High Court Admits Appeal Against SC/ST Ward Reservation Over Allegedly Fake Population Data, But Refuses To Stay Election Process
The Rajasthan High Court has admitted an appeal challenging the reservation of wards in Gram Panchayat Majhiwala for persons belonging to Scheduled Castes (SCs) and Scheduled Tribes (STs), allegedly based on incorrect population data, but refused to stay the ongoing Panchayat election process.The Division Bench of Chief Justice Sanjay K. Agrawal and Justice Baljinder Singh Sandhu declined...

Registration Act | Writ Court Can't Conduct Full-Fledged Trial To Decide Fraud Allegations Over Land Agreement: Allahabad High Court
The Allahabad High Court has held that allegations of fraud and fabrication, however serious, do not permit a writ court under Article 226 of the Constitution of India to act as a court of first instance by recording oral evidence, testing the credibility of witnesses and deciding disputed questions of fact. It held that where a statutory authority has reached its conclusion on the...

'Highly Condemnable': Allahabad High Court Slams UP Authorities Over 'Arbitrary' Eviction Of Shopkeepers For Govt Hospital Project
High Court questions eviction of 6 shopkeepers without determining leases or proposing rehabilitation or compensation for them.

Wife Can't Authorise Husband's Detention At De-Addiction Centre Without His Consent Or Legal/Medical Mandate: MP High Court
The Madhya Pradesh High Court has held that private rehabilitation centers have no statutory authority to detain a person based solely on their spouse's consent form. [2026 LiveLaw (MP) 423]Emphasizing that a person can only be admitted to a de-addiction center either of his/her own free will or by a competent legal or medical mandate, the division bench of Justice Subodh Abhyankar and...

Contractual Women Employees Can't Be Denied Maternity Leave Merely Due To Nature Of Employment: Rajasthan High Court
The Rajasthan High Court has held that nature of employment, whether regular, casual or contractual, cannot by itself be treated as a conclusive ground for denying maternity benefits to a woman employee, where other applicable statutory conditions are fulfilled. In this regard, any contractual condition, contrary to the Maternity Benefits Act, 1961 (the “Act”) shall be overridden by the...

Puja Pandals On Public Roads Don't Infringe Right To Free Movement If Roads Are Not Completely Blocked: Orissa High Court
Ardent duty of State to see there is no obstruction to movement, Court said.

Right To Electricity Protected U/Art 21, Connection Can't Be Denied Merely Due To Property Ownership Dispute: Allahabad High Court
The Allahabad High Court has observed that access to electricity constitutes an important element of a dignified life and it derives constitutional protection through Article 21 of the Constitution of India.The Court added that if the applicant is willing to furnish the prescribed indemnity form and comply with applicable requirements, the electricity connection cannot be denied merely because...

Bridge Collapse Cases Pending Since 2009: Jharkhand High Court Orders 3-Month Deadline For Police To Complete Probe
The Jharkhand HC has directed the police to complete investigations into bridge collapse cases pending since 2009 within three months, observing that the prolonged pendency of criminal investigations affects the right to speedy investigation under Article 21. At the same time, the Court refused to interfere with the posting of the Engineer-in-Chief of the Rural Development Department,...

Rajasthan High Court Directs Grant Of 180-Day Maternity Leave To Teacher Who Joined New School After Childbirth
Maternity leave is a right to motherhood; child's right to full development protected under Article 21, Court said.

Flood Of Pleas By Employees Challenging Their Transfers Has Paralysed Govt Functioning: Rajasthan High Court
While hearing a bunch of petitions by government employees, challenging their transfer orders, Rajasthan High Court observed that the government functioning was paralysed since most of the employees were not willing to join the transferred place of posting. The bench of Justice Anoop Kumar Dhand further opined that maximum number of employees were approaching the Court for getting the...
