Constitutional Law

'Right To Take Out Religious Processions Is Not Absolute': Patna High Court Refuses To Interfere With Restrictions On Mahabiri Julus
The Patna High Court has held that though the right to take out a religious procession is protected under Articles 19(1)(b) and 25 of the Constitution, the right is not absolute and is subject to reasonable restrictions, including those imposed for maintaining public order.A Single Judge Bench of Justice Alok Kumar refused to interfere with restrictions concerning a 'Mahabiri Julus' in...

Mere 'Reading Out' Grounds Of Arrest To Accused Only During Production Before Trial Court Violates Article 22(1) Mandate: AP High Court
The Andhra Pradesh High Court has held that merely reading out the remand report, case record, order of arrest and grounds of arrest to an accused at the time of production before the Special Judge does not amount to sufficient compliance with the constitutional mandate under Article 22(1). [2026 LiveLaw (AP) 199]The Court made the observation while holding the arrest and consequential...

Kerala High Court Upholds Infant Vaccination Rule For ₹6,000 Maternity Benefit Under PMMVY Scheme
The Kerala High Court recently upheld the infant vaccination as a condition for lactating mothers to get monetary benefit of Rs. 6000 for second girl child under the Pradhan Mantri Matru Vandana Yojana (PMMVY) Scheme. [2026 LiveLaw (Ker) 460]Justice Bechu Kurian Thomas referred to Rule 7(2)(ii) of the PMVVY Rules and observed:“it is evident that the benefit of Rs.6,000/- shall be granted to...

Public Purpose Cannot Justify Taking Private Land Without Lawful Acquisition Or Compensation: Telangana High Court
The Telangana High Court has held that a public authority cannot indefinitely retain private property without sanction of law merely because the land has already been utilised for a public purpose. [2026 LiveLaw (Tel) 131]The Court directed the State to acquire a private land it had used for constructing the Area Hospital at Bhongir and pay compensation to the landowners, after finding that...

Right To Livelihood Doesn't Extend To Street Vending In Areas Outside Notified Zones: Rajasthan High Court
Rajasthan High Court dismissed a petition filed by a street vendor, having a vehicle repair kiosk, opining that where vending zones were declared by the State by issuing notifications, no one could be allowed to put kiosks or to make temporary encroachments on any place which was not declared as a vending zone. The bench of Justice Anand Sharma observed that the while right to livelihood...

Karnataka High Court Quashes Governor's Order Suspending KPSC Chairman, Cites Lack Of Council Of Ministers' Aid And Advice
The Karnataka High Court has on August 18[ Tuesday] quashed the suspension of the Karnataka Public Service Commission (KPSC) Chairman Shivasankarappa Sahukar, holding that the order was passed without the constitutionally mandated 'aid and advice' of the Council of Ministers under Articles 163 and 166. [2026 LiveLaw (Kar) 306]The single judge bench of Justice Suraj Govindaraj partly allowed...

Teacher's Writ Petition Against Private School Maintainable To Enforce Statutory Pay Scale : Supreme Court
When the rights flow from a statute, a writ petition is maintainable to enforce them if the duty has a public element, the Court stated.

Mohanlal-Starrer 'Athimanoharam' Can't Be Shot Inside Periyar Tiger Reserve, Kerala High Court Told
The Kerala High Court on Monday (August 17) disposed of a plea preferred by the makers of the Mohanlal-starrer Malayalam film 'Athimanoharam' seeking a direction to the Forest Department officials to consider their request to permit film shooting in Pamba and Sannidhanam. [2026 LiveLaw (Ker) 449]The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar yesterday took note...

Speedy Trial Also A Right Of Victim; Accused Cannot Use Pending Gangsters Act Case To Stall Other Trials : Supreme Court
Observing that a right to a speedy trial is not only the prerogative of the accused, but is also a valuable right of the victim, the Supreme Court on Monday (August 17) set aside the Allahabad High Court's order which had kept a murder trial against an accused in abeyance merely because a proceeding under the UP Gangsters Act was pending against him. Allowing the complainant's appeal, a...

'Backdoor Appointments': Tripura High Court Restrains Tribal Areas Autonomous District Council From Paying Salaries To Regularised Employees
The Tripura High Court recently restrained the Tripura Tribal Areas Autonomous District Council, till further orders, from paying salaries to the to the part-time workers, casual workers and paid vouchers who have been regularised in absence of existence of sanctioned posts with approved scale of pay and allowances. The Tripura Tribal Areas Autonomous District Council (TTAADC) is...

Article 161 | Governor's Power To Grant Premature Release Cannot Be Exercised Arbitrarily: Allahabad High Court
The Allahabad High Court has observed that the power of the Governor to grant premature release under Article 161 of the Constitution of India is a sovereign executive power, but it cannot be exercised arbitrarily, as it remains regulated by the applicable Rules and remission policy.A Bench of Justice JJ Munir and Justice Tarun Saxena made this observation while quashing an order...

