Constitutional Law

'State Actively Aiding Encroachers': Telangana High Court Orders Probe Into Alleged Encroachment Of 74 Acre Govt Lake Land
The Telangana High Court has directed the Crime Branch-Criminal Investigation Department (CBCID) to conduct a comprehensive enquiry into the alleged large-scale encroachment of over 74 acres of government land classified as Jilavarkhan Cheruvu (notified government water body) in Injapur Village, Ranga Reddy district.[2026 LiveLaw (Tel) 119] Holding that the material on record indicated...

Art. 311(2) | Confirmed Public Servant Can't Be Terminated Over Alleged Illegal Appointment Without Inquiry: Supreme Court
The Supreme Court has ruled that a public servant whose service is confirmed cannot be terminated from the office merely because there was an alleged illegality in appointment. The Court said that a termination without holding a departmental inquiry would be violative of Article 311(2) of the Constitution. “Confirmation in service is not a mere administrative formality but it confers upon...

AMU Statute Requiring Two-Third Majority Of Executive Council To Terminate Teacher Not Arbitrary: Allahabad High Court
The Allahabad High Court has held that Statute 40(3)(b) framed under the Aligarh Muslim University Act, 1920, which requires a two-third majority of the members of the Executive Council present and voting to determine a teacher's employment, is not ultra vires Article 14 of the Constitution. It held that Statute 40 read as a whole gives a teacher a hearing and the benefit of a due inquiry...

Bank Can't Deny Education Loan To Student Solely Due To Parent's Poor CIBIL Score: Karnataka High Court
Highlighting that the 'creditworthiness of a parent' cannot impede the 'educational aspirations or constitutional rights' of a student, the Karnataka High Court has quashed a rejection letter issued by Karnataka Grameen Bank which denied an educational loan of Rs 12.5 lakhs to a student pursuing B.E. in Artificial Intelligence. [2026 LiveLaw (Kar) 267]“…A CIBIL score is merely one...

Mere Transfer Of Defrauded Amount To Accused's Account Doesn't Establish Same Transaction To Club FIRs : Supreme Court
Part of defrauded amounts transferred to petitioner's bank account does not, by itself, establish all incidents form part of same transaction, the Court said.

Married Woman Can Claim Compassionate Appointment After Father's Death, No Presumption Of Dependence On Husband: Chhattisgarh High Court
The Chhattisgarh High Court has held that a married daughter cannot be denied consideration for compassionate appointment merely on the presumption that she is dependent upon her husband and not upon her deceased father. The Court observed that dependency is a question of fact to be determined on the evidence in each case and that marital status, by itself, cannot furnish a valid basis to...

Municipal Corporation Employees Can Only Be Sent To Other Corporations On Deputation, Not By Transfer Order: High Court
The Chhattisgarh High Court has held that under Sections 58(5) and 58(6) of the Chhattisgarh Municipal Corporation Act, 1956, an employee of one Municipal Corporation can be sent to another Corporation only on deputation or while retaining lien, and not through a pure transfer order. The Court observed that where an order neither places the employee on deputation nor protects his lien in...

Inadequate Grounds Of Arrest Don't By Themselves Vitiate Arrest, Prejudice To Accused Must Be Shown: Supreme Court
The Court said that complete non-service of reasons vitiates arrest, but inadequate reasons require proving prejudice against accused.

Absence Of Promotional Avenues Does Not Render Service Rules Unconstitutional; No Right To Promotion: Chhattisgarh High Court
The Chhattisgarh High Court has held that the mere absence of promotional avenues in a service cadre does not render statutory service rules unconstitutional, reiterating that no government servant possesses a fundamental or vested right to promotion. The Court observed that while an employee has a right to be considered for promotion where the applicable service rules provide a...

HC Rule Barring Special Appeal Yields To Natural Justice; Appeal Maintainable Against Non-Speaking Single Judge Order: Allahabad High Court
The Allahabad High Court has held that a special appeal is maintainable against a non-speaking order passed by a Single Judge, notwithstanding the bar contained in the Allahabad High Court Rules, 1952. It held that the requirement to record reasons is a facet of natural justice, and that the bar created by Rule 5 must yield to it.Rule 5 of Chapter VIII of the Rules, 1952 bars a special...

Kerala High Court Upholds Aadhar-Based Authentication For Online Tatkal Tickets, Asks IRCTC To Also Consider PAN As Alternative
The Kerala High Court has upheld the Aadhaar-based OTP authentication for online tatkal ticket booking in trains on IRCTC platform. [2026 LiveLaw (Ker) 393]The Court, however, asked the IRCTC to consider whether an option can be provided to users to choose between PAN card and Aadhar-based OTP authentication.The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M....

Investors Have Right To Know Antecedents Of Real Estate Developers: Delhi High Court Rejects Masking Plea After FIR Quashed
The Delhi High Court has refused to direct masking and anonymisation of the names of a real estate firm and its promoters from judicial records pertaining to a criminal case that was quashed on the basis of a settlement, observing that prospective investors and stakeholders have a right to know the antecedents of the persons with whom they propose to engage in business. [2026 LiveLaw...
