High Courts
Writ Jurisdiction Can't Be Denied On 'Disputed Facts' Plea When State Records Prove Illegality: J&K&L High Court
The High Court of Jammu and Kashmir and Ladakh has held that when the State's own official records and admissions establish illegality, the case ceases to be a disputed factual controversy and squarely becomes a matter of constitutional enforcement.The Court made it unequivocally clear that writ jurisdiction under Article 226 cannot be denied merely by raising a technical plea of...
Sudden Fight Between Brothers Over Parents' Care Leading To Death Not Murder: Calcutta High Court Reduces Life Term To 14 Yrs
The Calcutta High Court has converted the conviction of two brothers from murder to culpable homicide not amounting to murder, holding that a fatal assault arising out of a sudden family quarrel over responsibility for maintaining aged parents lacked premeditation and therefore did not attract Section 302 of the IPC. A Division Bench comprising Justice Rajasekhar Mantha and Justice Ajay...
Medical Board Opinion In CAPF Recruitment Is Final, Court Cannot Sit In Appeal Except For Malafides Or Procedural Lapses: J&K&L High Court
Highlighting the limited scope of judicial interference in recruitment matters of the Central Armed Police Forces (CAPFs), the High Court of Jammu & Kashmir and Ladakh has held that the decision of the Review Medical Board is final and cannot be subjected to further review or re-examination by courts, save in exceptional circumstances such as procedural violations or malafides.The...
'Every Sinner Has A Future': Karnataka High Court Modifies Sentence Of Two Convicted For Duplicating ATM Cards
The Karnataka High Court (Dharwad bench) recently modified the jail sentence of two men convicted for theft of ATM cards from the original card holders and duplicating the same and for drawing money from the accounts of the victims. The court was hearing a plea challenging conviction for offence under Section 66(c) IT Act and Sections 380 (Theft in dwelling house, etc.) read with Section 34...
Students Can't Suffer Due To Dispute Over Approval Of College: Gujarat High Court Orders Grant Of License To Homeopathy Doctors
The Gujarat High Court has held that students who had completed their Homeopathy course under protection of interim court orders cannot be denied license to practice or recognition of their degrees merely because dispute over grant of approval to the college by the regulator remained unresolved.Considering the plight of students, Justice Nirzar S Desai noted,“Now, at this stage, though...
Kerala High Court Issues Notice To Producers Of 'The Kerala Story 2' In Plea Challenging Certification Granted To Movie
The Kerala High Court on Thursday (19 February) issued notice to the producers of the Hindi feature film titled 'Kerala Story 2 Goes Beyond' in a writ petition challenging the certification granted to the movie.Justice Bechu Kurian Thomas issued the notice. According to the petition, the grievance centres on the teaser and trailer of the film, which depict women from multiple States...
Madras High Court Asks BCI To Process Additional Intake Application Of Private Law College, Says Ban On New Intake Cannot Be Without Data
The Madras High Court has directed the Bar Council of India to process applications filed by nine private law colleges seeking permission for additional intake starting from the academic year 2025-2026. On the BCI's claim that there was no requirement for new Law Colleges in some areas, the bench of Justice R Suresh Kumar and Justice Shamim Ahmed noted that such a drastic decision...
Maintenance Tribunal Cannot Order Eviction Of Children Under Senior Citizens Act: Calcutta High Court
Holding that the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has no jurisdiction to direct eviction of children from property in proceedings under Sections 4 and 5 of the Act, the Calcutta High Court has ruled that the Tribunal's powers are confined to granting monthly maintenance and cannot be stretched to order vacating of...
NSA Can Be Invoked Against Jailed Accused If There Is Apprehension Of Public Order Disturbance Upon Release: Allahabad High Court
The Allahabad High Court (Lucknow Bench) has observed that a detention order under the National Security Act 1980 can be passed against an accused who is already in jail if the authority is of the opinion that, upon his release on bail, he will indulge in acts prejudicial to public order. A bench of Justice Abdul Moin and Justice Babita Rani thus dismissed a Habeas Corpus Writ Petition...
Rajasthan HC Refuses Late Entry Of Newly Approved Nursing Colleges Into 2025–26 Counselling; Says Academic Schedule Can't Be Reopened
The Rajasthan High Court dismissed the petitions filed by newly established nursing colleges, seeking participation in the counselling process for 2025-26 academic session, in light of the fact that the requisite NOC and statutory recognition were obtained by such colleges after the counselling process was concluded and the academic session had progressed substantially. The bench of...
Disciplinary Penalty Must Be Proportionate: Punjab & Haryana High Court Modifies Penalty Imposed After Retirement
The Punjab and Haryana High Court has held that penalties imposed in departmental actions must bear a reasonable nexus with the gravity of misconduct proved.Justice Harpreet Singh Brar said, "The scope of interference in disciplinary proceedings is very limited. It is settled law that this Court may only exercise its powers under Article 226 of the Constitution of India when the findings...
Co-op Banks Granting Loans To Borrowers Outside Service Area Not Misappropriation Without Pecuniary Loss: Kerala High Court
The Kerala High Court has held that grant of loans by a co-operative bank to persons residing outside its service area does not, by itself, constitute criminal misconduct or misappropriation in the absence of pecuniary loss or wrongful gain.Justice A Badharudeen made the observation while allowing a criminal miscellaneous petition seeking quashment of a final report before the ...