Police Constable Can't Be Dismissed Solely On Conviction, Disciplinary Authority Must Consider Conduct Which Led To It: Allahabad High Court

The Allahabad High Court has held that a police officer cannot be dismissed from service under Rule 8(2)(a) of the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 merely because he stands convicted on a criminal charge, unless the disciplinary authority has first considered the conduct which led to that conviction. It held that such consideration is a...

Unexplained Delay By Public Authority In Deciding Citizen's Application Attracts 'Doctrine Of Malice In Law': Allahabad High Court

The Allahabad High Court has held that where a public authority sits over a citizen's application for an indefinite period without any reasonable or plausible justification, the inaction by itself attracts the doctrine of malice in law and shows arbitrariness. It held that an unjustified delay in permitting a citizen to carry on a lawful trade or business must answer to the “golden...

Contractor Cannot Indirectly Challenge Govt Action Against Another Entity Through Writ Petition: Allahabad High Court

The Allahabad High Court has held that a contractor cannot indirectly challenge Government action taken against another entity by filing a writ petition under Article 226 of the Constitution. A bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary added that where the grievance essentially arises out of contractual rights flowing from Letters of Intent, the appropriate remedy...

Writ Petition Not Maintainable Against CMD Of Government Company As It Is Not A 'Public Office': Bombay High Court

The Bombay High Court has held that a writ of quo warranto is not maintainable against the Chairman-cum-Managing Director (CMD) of a Government company merely because the appointment is made by the President of India or the company is government-controlled. The Court further observed that for a writ of quo warranto to lie, the office in question must be a "public office" created by law and...

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...