EWS Claim Cannot Be Rejected For Mere Format Defect If Eligibility Exists On Cut-Off Date: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that a reservation certificate that substantively satisfies statutory eligibility conditions on the cut-off date cannot be invalidated solely due to a defect in format, especially when the defect is clarified by the issuing authority and the candidate's eligibility itself is not in dispute.Reiterating this crucial principle, a Division...

[POCSO Act] When Law Prescribes Minimum Punishment, Courts Have No Discretion To Award Lesser Sentence: Bombay High Court

The Bombay High Court has held that an increase in the length of sentence as a consequence of awarding the statutory minimum sentence cannot be termed as “enhancement of sentence” within the meaning of Section 386 of the Code of Criminal Procedure. The Court observed that where the legislature has prescribed a mandatory minimum punishment, imposition of such minimum by the Appellate Court...

Gujarat High Court Cautions Trial Judges To Avoid Drafting Mistakes In Judgments, After Finding Copy-Paste Errors In Arbitration Order

The Gujarat High Court has cautioned Commercial and Trial Court judges across the State after finding drafting errors in a Section 34 order under the Arbitration and Conciliation Act, directing that its observations be circulated to all district courts to prevent recurrence of such mistakes.Emphasising the need for judicial diligence, the Division Bench of Chief Justice Sunita Agarwal and...

Transgender Persons Act | DM's Certificate Conclusive Proof Of Gender; Passport Authority Can't Demand Medical Test: Allahabad High Court

The Allahabad High Court has held that a certificate issued by the District Magistrate under Section 7 of the Transgender Persons (Protection of Rights) Act, 2019, acts as conclusive proof of gender/identity for the issuance of a passport. A bench of Justice Atul Sreedharan and Justice Siddharth Nandan observed that the Passport Authority can't demand a fresh medical examination or...

Gauhati High Court Quashes Child Marriage, POCSO Case As Couple Married, Living Together With Child

The Gauhati High Court, applying Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, quashed criminal proceedings under the Child Marriage Act and the POCSO Act, holding that since the parties were married, living together, and had a minor child, continuation of the trial would be futile.Justice Pranjal Das, pressing over the case, observed, “the objective reality that...

Jammu & Kashmir And Ladakh High Court Weekly Roundup February 9 - February 15, 2026

Nominal Index:State of J&K V/s Dhanwanter Singh and ors 2026 LiveLaw (JKL) 40Union of India vs Rajammal 2026 LiveLaw (JKL) 41Malika vs UT of J&K 2026 LiveLaw (JKL) 42Mazeed Ali vs UT of J&K 2026 LiveLaw (JKL) 43Sikander Sharma Vs Addl Commissioner Jammu and Ors 2026 LiveLaw (JKL) 44State Of J&K Vs Daleep Singh 2026 LiveLaw (JKL) 46Judgments/Orders:Surrender Of Absconding...

Will Must Be Respected Unless Suspicious Circumstances Are Proved; Unequal Distribution Not Grounds To Deny Probate: Calcutta High Court

The Calcutta High Court has reiterated that probate proceedings are concerned only with the genuineness of a will and not with the fairness of distribution among heirs, holding that mere delay in seeking probate or unequal bequests cannot, by themselves, amount to suspicious circumstances. Emphasising that courts must respect the last wishes of a testator once due execution and attestation...

Gauhati High Court Grants Bail To Man Arrested For Posting Objectionable Facebook Comment On Red Fort Blast

The Gauhati High Court has granted regular bail to a man arrested for allegedly posting an objectionable Facebook comment in connection with a bomb blast near the Red Fort.Justice Pranjal Das, while allowing the bail application, observed, “Without going into the merit of the case; only considering the period of detention and completion of investigation, petitioner shall be allowed to go...

Kerala High Court Orders Operationalisation Of e-Prison Portal In Two Weeks To Prevent Prolonged Detention Of Undertrials

The Kerala High Court on Friday (February 13) issued detailed directions for ensuring that e-Prison portal is completed and made operational in a time-bound manner. It also asked the State Government to consider Kerala State Legal Service Authority's (KeLSA) Standard Operating Procedure (SOP) for implementing the Support to Poor Prisoners Scheme.The Division Bench comprising Justice...

Legal Heirs Succeed As Joint Tenants, Not Co-Tenants: Rajasthan High Court Upholds Eviction Decree

While dismissing a petition moved by successors of a co-tenant challenging execution of an eviction decree, the Rajasthan High Court held that upon death of the original tenant, legal heirs did not acquire separate or independent tenancy rights. Rather, they stepped into the shoes of the deceased tenant, and succeeded the tenancy as joint tenants.The bench of Justice Bipin Gupta further...

Bombay High Court Imposes ₹5 Lakh Cost On Litigant Seeking Protection For Illegal Structure On Public Street; Flags Inaction By Authorities

The Bombay High Court has imposed costs of Rs. 5 lakhs on a litigant who sought protection against demolition of an unauthorized structure situated on a public street, holding that a party seeking to perpetuate illegality on public land is not entitled to equitable relief. The Court observed that prolonged retention of such structures through litigation encourages similar encroachments...

Punjab & Haryana High Court Full Bench Finds No Conflict In Division Bench Rulings On Counting Of Past Service For Pension

The Full Bench of the Punjab and Haryana High Court has answered a reference on whether two Division Bench judgments concerning counting of past service for pensionary benefits were contradictory, holding that there exists no real conflict between them as they were rendered in distinct factual and statutory contexts.Chief Justice Sheel Nagu, Justice Vinod S. Bhardwaj and Justice Jagmohan...