Constitutional Law

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.

Kerala High Court Dismisses Expelled Congress Leader Simi Bell Rose John's Police Protection Plea Against CM VD Satheesan
The Kerala High Court has dismissed the police protection plea preferred by expelled Congress leader Simi Bell Rose John against Chief Minister V.D. Satheesan and his brother, V.D. Ajayakumar. [2026 LiveLaw (Ker) 462]Justice Bechu Kurian Thomas observed that Simi has not pointed out any materials to show that her life or property were under threat from the Chief Minister (5th respondent) or...

Rajasthan High Court Directs Compassionate Appointment 21 Years After Employee's Death, Says Financial Crisis Has Not Ended
The Rajasthan High Court has directed the authorities to consider an appellant for compassionate appointment, 21 years after his father's death, holding that the mere fact that a family has survived for years cannot be treated as proof that its financial crisis has ended.The bench of Acting Chief Justice Sanjeev Prakash Kumar and Justice Chandra Shekhar Sharma observed that while considering...

Debarring A Firm In Perpetuity Contrary To Supreme Court Rulings, 'Flagrant Disregard' Of Article 144: Allahabad High Court
The Allahabad High Court has held that State authorities who blacklist a firm for an indefinite period in the teeth of the law laid down by the Supreme Court act in flagrant disregard of the constitutional mandate under Article 144 of the Constitution.Article 144 provides that all authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court. The Court held...
