Judgments Are Retrospective Unless Expressly Made Prospective : Supreme Court

The Supreme Court has reiterated that unless its judgment expressly states that the decision would apply prospectively, it shall apply retrospectively. “If a decision of the Apex Court does not expressly provide its application to be prospective, then it is settled law that all decisions of this Court are retrospective in application…”, observed a bench of Justice Dipankar Datta...

ED Search, Freezing Action Not Purely Civil, Can Be Challenged Under Article 226 Read With S.482 CrPC: Karnataka High Court In Gameskraft's Case

The Karnataka High Court on Wednesday (August 5) held that a writ petition under Article 226 of the Constitution read with Section 482 CrPC, challenging Enforcement Directorate's search and freezing action under Section 17(1A) of the Prevention of Money Laundering Act (PMLA) is maintainable. [2026 LiveLaw (Kar) 283]The single judge bench of Justice M Nagaprasanna thus rejected ED's...

Article 22(1) | Police Pay 'Scant Regard' To Arrest Safeguards, Scorn Judgments Enforcing Fundamental Rights : Allahabad High Court

The Allahabad High Court last week strongly criticised the police's approach to constitutional safeguards, observing that they have "traditionally paid scant regard" to the requirements of Article 22(1) of the Constitution and often fail to appreciate the significance of fundamental rights when exercising the power of arrest. Referring to a series of landmark Supreme Court judgments which...

YouTuber Can't Invoke Writ Jurisdiction To Restore Channel Deleted Over Alleged Copyright Strikes: Uttarakhand High Court

The Uttarakhand High Court has held that a writ petition under Article 226 of the Constitution cannot be invoked by a YouTuber to seek reinstatement of a YouTube channel deleted on account of alleged copyright strikes. In doing so the court said that public law remedy is not a relief in a contractual dispute between a YouTuber and the social media platform. The petitioner, a YouTuber, had...

'Sought To Negate Court Orders': Karnataka High Court Strikes Down State Laws Denying Pension Benefits To Private Aided School Employees

Highlighting the parity between government and aided school employees, the Karnataka High Court has struck down two state enactments that sought to deny pensionary benefits and additional increments to teachers and non-teaching staff of private aided educational institutions. [2026 LiveLaw (Kar) 279]The Division Bench of Justice Pradeep Singh Yerur and Justice S.G Pandit in its order held...

Does Rejection Of Bail Bar Subsequent Challenge To Legality Of Arrest? Allahabad High Court Answers

Distinguishing the Supreme Court's 2025 judgment in State of Madhya Pradesh v. Kusum Sahu [2025 LiveLaw (SC) 1110], the Allahabad High Court last week held that rejection of a regular bail application does not, by itself, bar a subsequent challenge to the legality of an arrest and judicial remand under Article 22(1) of the Constitution of India. A Bench of Justice JJ Munir and Justice...

Insurance Company Can't File Writ To Challenge Compensation Granted To Beneficiary Under Govt Welfare Scheme: Allahabad High Court

The Allahabad High Court has held that an insurance company cannot invoke the writ jurisdiction under Article 226 of the Constitution to challenge compensation awarded to a beneficiary under a government welfare scheme by relying on alleged violations of the Memorandum of Understanding (MoU) executed between the insurer and the State Government.It held that such a dispute is...

Gauhati High Court Upholds Amendment To Arunachal Pradesh Police Rules Aimed At 'Equitable Distribution' Of Promotion Opportunities

Upholding the constitutional validity of Rule 5(1)(b) of Arunachal Pradesh Police Service (Amendment) Rules 2025, the Gauhati High Court held that allocating promotional quota to Arunachal Pradesh Police Service (Entry Grade) based on sanctioned strength of Inspectors in three feeder cadres does not violate Articles 14 and 16 of the Constitution.The Rules fix the promotional quota for the...

Prison Guard's Removal Can't Be Upheld Based On Unverified Video Of Meeting Under-Trial's Family While Escorting Him: Chhattisgarh High Court

The Chhattisgarh High Court has held that findings recorded in a departmental enquiry cannot be sustained where they are founded on a social media video whose source, authenticity and manner of proof have not been established. [2026 LiveLaw (Chh) 99]The respondent-prison guard had been charged with roaming with the family members of an undertrial prisoner at a restaurant while escorting...

MSHRC Takes Suo Motu Notice Of Pune Police Tying Accused To Vehicle Bonnet, Parading Them; Issues Notices To Top Officials

Observing that the Pune Police's style of working was like a 'Jungle Raj', the Maharashtra State Human Rights Commission (MSHRC) on Monday (August 3) initiated suo motu proceedings against the Police for allegedly tying three young boys on the bonnet of their vehicle, parading them on the streets of the city and further allowing private individuals to assault the boys with fists, batons etc....

Gujarat High Court Refuses To Review Order Rejecting Disclosure Of Somnath Temple ASI Survey Documents

The Gujarat High Court refused to review its order dismissing a plea seeking disclosure of archaeological survey report, ground penetrating radar (GPR) survey, maps, structural analysis, photographs, videography and all the related documents concerning the Somnath Temple site. [2026 LiveLaw (Guj) 210]For context, the court had in June dismissed a PIL seeking such disclosure with Rs. 2 Lakh...

Allahabad High Court Calls For Crowd Behaviour Science To Prevent Stampedes At Mathura-Vrindavan Religious Gatherings

The Allahabad High Court has held that the right to life under Article 21 of the Constitution casts a positive obligation on the State to create and maintain conditions in which lives are not lost to preventable disasters. It held that institutionalising the science of crowd behaviour in academia, administration and policy is a constitutional imperative.The Court was hearing a writ...