Constitutional Law

Centre Can Invoke S.100 Patents Act To Make Exorbitantly Priced Patented Drugs And Sell On Non-Commercial Basis: Kerala High Court
The Kerala High Court on Monday (September 28) held that Section 100 of the Patents Act can be invoked by the Central government to use a patent to manufacture the medicine covered by it and sell it to a person, including a needy patient, on a non-commercial basis. [2026 LiveLaw (Ker) 528]The court ruled the provision may be invoked where government intervention is required, including when...

Know The Law | Consequences Of Not Furnishing Written Grounds Of Arrest : Supreme Court Explains
The Supreme Court recently reiterated that an accused has a fundamental and statutory right to be informed of the grounds of arrest in writing, and the written grounds must be furnished to the arrested person as a matter of course and without exception.A bench of Justice Ujjal Bhuyan and Justice Atul Chandurkar stressed that the requirement under Article 22(1) of the Constitution is not a...

Intervenor With Prima Facie Interest In Disputed Property Can Be Added As Party To Avoid Multiplicity Of Proceedings: Jharkhand High Court
The Jharkhand High Court has held that a person claiming a prima facie interest in disputed property can be impleaded as an intervenor in a title suit where such intervention is necessary to avoid multiplicity of proceedings.A Single Judge Bench of Justice Sanjay Kumar Dwivedi was hearing a petition filed under Article 227 of the Constitution challenging an order dated 24.02.2014 passed by...

Accused Entitled To Cloned Copy Of CCTV Footage Relied By Prosecution, Victim Privacy Can Justify Inspection Instead: Rajasthan High Court
While underscoring right to fair trial under Article 21, Rajasthan High Court held that if the prosecution was relying upon the contents of a DVD/pen drive which were also submitted along with the charge-sheet, the accused had to be mandatorily given a cloned copy of the DVD/pen drive, to enable him to present an effective defence during the trial. “…all documents including...

Successive Habeas Corpus Plea Can't Reopen Grounds Already Available But Not Raised In Earlier Petition: AP High Court
The Andhra Pradesh High Court has held that a second writ of habeas corpus challenging the same preventive detention order under Article 226 of the Constitution can be maintained only when there is a change in circumstances or a new ground becomes available after the earlier petition was decided. [2026 LiveLaw (AP) 222]The Court clarified that this is not an application of res judicata...

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...
