Constitutional Law
Article 311 Bar Not Attracted If Officer Removing Employee Is Equal In Status To Appointing Authority : Supreme Court
The Supreme Court today (24 September) has held that the constitutional protection under Article 311(1) of the Constitution is attracted only when the removing authority is subordinate in rank to the authority that made the appointment. It was also held that mere delegation of disciplinary powers to a subordinate officer under statutory rules does not trigger the constitutional bar. For...
'State Best Equipped To Decide Upon Land Requirement For Airport': Bombay High Court Rejects Farmers' Challenge To Purandar Airport Site
The Bombay High Court has dismissed a challenge by farmers to the selection of “Site 1A” for the proposed Greenfield Airport at Purandar, Pune, holding that the choice of site, alignment and project feasibility fall within the domain of experts and the State's policy decision. The Court observed that it would not substitute its own assessment for that of technical experts or...
Patient Forced To Buy Stents From Private Shop Due To Unavailability At Govt Hospital Entitled To Full Reimbursement: Rajasthan High Court
Rajasthan High Court upheld a single judge order directing the State to reimburse the respondent for the entire cost of the stents implanted during his treatment at the government hospital which were procured from a private supplier due to unavailability at the hospital.While underscoring the right to healthcare and affordable treatment as part of Article 21, the division bench of Justice...
Appeal Filed In Karnataka High Court Against Exclusion Of Urdu Teachers From 2026 Recruitment Notification
An appeal has been filed before the Karnataka High Court against an order which dismissed a plea challenging State Government's recruitment notification for 15,000 school teachers over allegedly excluding Urdu-medium and other linguistic-minority teaching posts.For context, the single judge had while refusing to entertain the plea granted liberty to the petitioners therein to approach...
Need 'Civilised' Celebrations: Bombay High Court Bans Firecrackers, Laser Lights In Religious Processions; Directs ₹1 Lakh Deposit, Prosecution
Festivals in Maharashtra would henceforth be celebrated in a more 'civilised' manner, as the Bombay High Court said on Tuesday (September 22) while imposing a total ban on use of firecrackers, laser light, loud music, any musical instrument causing noise pollution, during religious processions irrespective of religion and festivals across the State.Notably, a suo motu cognisance of the...
Article 212 Bars Challenge To Internal Proceedings Of Legislative Assembly: Madras High Court On Mekedatu Dam Resolution
The Madras High Court has dismissed a plea filed by the All India Anna Dravida Kazhagam (AIADMK) party challenging a part of the resolution passed by the Tamil Nadu Legislative Assembly on June 19, urging the Union Government to setup fresh tribunal under the Inter-State River Water Disputes Act, with respect to the Mekedatu Dam issue. The bench of Chief Justice SA Dharmadhikari...
Defection | Tenth Schedule Disqualification Is For Being A Member, Not For Contesting Fresh Election: Allahabad High Court
The Allahabad High Court has held that a legislator who voluntarily gives up membership of his political party incurs disqualification under the Tenth Schedule of the Constitution is only in respect of the House of which he is then a member, and is not thereby barred from contesting an election to Parliament. It held that Article 102(2) of the Constitution disqualifies such a person only...
'Citizens Have Right To Clean Streets': Bombay High Court Flags Inactive Civic Machinery, Calls For Action Against Public Garbage Dumping
The Bombay High Court has directed the Municipal Commissioner to fix accountability of Ward Officers and their subordinate officers for failing to prevent or clear litter, trash and unauthorised dumping of garbage on public streets and pavements. The Court also called upon the Municipal Corporation to activate a mechanism for launching prosecutions under the Bharatiya Nyaya Sanhita, the MMC...
Interfaith Same-Sex Couple Has Fundamental Right To Live Together In Peaceful Live-In Relationship: Allahabad High Court
The Allahabad High Court has observed that an interfaith same-sex couple has a fundamental right under Article 21 of the Constitution of India to live together in a peaceful live-in relationship, observing that family members, relatives, or other persons cannot interfere with the couple's choice to live together. A bench of Justice Dr. Gautam Chowdhary passed the order while dealing with a...
Professor At Statutory University Does Not Hold 'Public Office', Can't Be Subject To Quo Warranto: Kerala High Court
Kerala High Court recently dismissed a public interest litigation seeking a writ of quo warranto to quash the appointment of a professor of Mathematics department in the Cochin University of Science and Technology (CUSAT).The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. referred to the Allahabad High Court judgment [Dr. Neetu Singh v. State of U.P., Thru....
Allahabad High Court Frees Major Woman Detained Over Interfaith Marriage, Says Father Can't Force Her To Live With Him
The Allahabad High Court has set a major woman, who said she was illegally detained by her father after marrying a man of a different religion, at liberty, while observing that an adult woman has the legal right to choose whom she wants to live with.A bench of Justice Subhash Vidyarthi thus allowed the habeas corpus petition filed by one Princy through her husband/next friend Gurpreet Singh....
