S.48 UP Municipality Act | Allahabad High Court Explains Procedure To Be Adopted For Removal Of 'Nagarpalika' President

The Allahabad High Court (Lucknow Bench) has laid down specific procedural guidelines that the State Government must follow before removing a President of a Nagar Palika Parishad as per Section 48 of the Uttar Pradesh Municipality Act, 1916.The Court ruled that such removal cannot be affected merely based on a preliminary inquiry and a show-cause notice and rather, a “full-fledged...

Delhi High Court Weekly Round-Up: January 05 To January 11, 2026

Citations 2026 LiveLaw (Del) 1 to 2026 LiveLaw (Del) 67NOMINAL INDEXVIPIN KUMAR SHARMA & ORS v. THE RETURNING OFFICER NDBA ELECTIONS, 2025 2026 LiveLaw (Del) 20 Maj (Retd.) Sukesh Behl Proprietor, M/S Pearl Engineering Company & Anr. v. Koninklijke Philips NV 2026 LiveLaw (Del) 21 DHARMENDRA KUMAR v. STATE 2026 LiveLaw (Del) 22 Sana Herbals Private Limited v. Mohsin Dehlvi &...

Patna High Court Slams Police For 2.5-Month Unlawful Detention Of Juvenile, Awards ₹5 Lakh Compensation

The Patna High Court last week awarded a compensation of ₹5,00,000/- to a juvenile who was unlawfully arrested by the Bihar Police. The Court termed the act as a gross violation of his fundamental right under Article 21 of the Constitution of India.A division Bench of Justice Rajeev Ranjan Prasad and Justice Ritesh Kumar noted that the arrest was made in complete disregard of the...

Magistrate Taking Cognizance Based On Protest Complaint Must Pass Speaking Order & Consider Refer Report: Kerala High Court

The Kerala High Court has ruled that a magistrate taking cognizance based on a protest complaint must consider the refer report filed by the police and pass a speaking order.Referring to the decisions in Parameswaran Nair v. Surendran [2009 (1) KLT 794] and C.R. Chandran v. State of Kerala [ILR 2024 (3) Ker. 245], Justice C. Pratheep Kumar observed:“Therefore, it is evident that while...

Right To Pursue Higher Or Professional Education Is A Fundamental Right, Can't Be Curtailed Lightly: Delhi High Court

The Delhi High Court has ruled that the right to pursue higher or professional education is a fundamental right of an individual which cannot be curtailed lightly. “The right to pursue higher or professional education even though not explicitly spelt out as a fundamental right in part III of the Constitution of India, it is an affirmative obligation on the part of the state to ensure this...

Elections To Panchayati Raj Institutions Can't Be Deferred Beyond Five-Year Term: HP High Court

The Himachal Pradesh High Court has held that statutory orders issued under the Disaster Management Act, 2005 can't override the authority of the State Election Commission or justify postponement of elections.The Court remarked that elections to Panchayati Raj Institutions must be completed before the expiry of their five-year term, according to Article 243E of the Constitution. A Division...

Victim Cannot File Second Appeal Against Order Affirming Acquittal By Seeking Special Leave From HC U/S 419(4) BNSS: Kerala High Court

The Kerala High Court recently passed a judgment holding that a victim cannot file a second appeal against the acquittal of an accused by seeking special leave from the High Court as per Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita.Relying on the Supreme Court's observations in Asian Paints Limited v. Ram Babu and Another, Justice Bechu Kurian Thomas remarked:“It is evident from...

Brand Ambassador Not Liable For Unfair Trade Practices Or Deficient Service Unless Directly Linked To Transaction With Consumer: Kerala HC

The Kerala High Court recently held that a brand ambassador will not be liable for a brand's unfair trade practice or deficiency in service unless a direct link is established between him and the consumer's transaction.Justice Ziyad Rahman A.A. however clarified that an action may lie against a brand ambassador/endorser under Section 21 of the Consumer Protection Act for false or...

Fallout In Love Affair & Refusal To Marry Cannot Automatically Lead To Abetment Of Suicide Case: Gauhati High Court

The Gauhati High Court recently set aside the cognisance taken under Section 306 IPC in respect of a man accused of abetting a minor girl's suicide noting that other than the fact that he had refused to marry her there was no prima facie material indicating instigation by him which could have compelled the deceased to commit suicide. The high court however upheld the cognizance taken by the...

Accepting Terminal Benefits Under EPF Forfeits State Pension Rights: Jharkhand High Court

A Division Bench of the Jharkhand High Court comprising Justice Sujit Narayan Prasad and Justice Rajesh Kumar held that an employee who voluntarily switches to the EPF scheme, accepts all EPF/terminal benefits, and remains silent for years is estopped from later claiming pension from the State. Background Facts The employee was initially appointed as a Chowkidar in the Food...

Mass Transfer Of Teachers Mid-Academic Session 'Arbitrary', Disturbs Education Ecosystem: Rajasthan High Court

While staying transfer of a Government school principal, Rajasthan High Court held it to be arbitrary and damaging to the education as it was ordered in the middle of the academic session. Justice Ashok Kumar Jain said that such mass transfers in September not only disrupted classes and students' continuity but also reflected the lack of administrative sensitivity towards the school...

Invocation Of S.67 IT Act Requires Proof Of Electronic Circulation Of Obscene Content, Not Mere Possession: J&K&L High Court

Clarifying the evidentiary standards required for offences under the Information Technology Act, the High Court of Jammu & Kashmir and Ladakh has held that mere seizure of electronic devices or storage media is wholly insufficient to attract Section 67 of the IT Act unless the prosecution proves, through authenticated electronic evidence and admissible expert opinion, that the alleged...