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Can MLAs Merge With Another Party Without Original Political Party's Consent? Supreme Court To Hear Goa Case In December
The Supreme Court on Thursday agreed to hear the petition filed by Goa Congress leader Girish Chodankar challenging the judgment of the Bombay High Court (Goa Bench) which approved the defection of 8 Congress MLAs to the Bharatiya Janata Party as a valid merger.Granting leave to appeal in Chodankar's Special Leave Petition, a bench comprising Chief Justice of India Surya Kant, Justice...
Degree From Unauthorized Institution Is Invalid But Not Fraud Unless Active Role Of Candidate Proved: Orissa High Court
The Orissa High Court has come to the rescue of a government employee who was demoted from his post allegedly for submitting fake/fictitious certificate to prove his qualification.Delineating the difference between a fictitious/fabricated degree and a degree conferred by an unauthorized institution, the Division Bench of Justice Dixit Krishna Shripad (now retired) and Justice Chittaranjan...
Police Must Strictly Comply With Arnesh Kumar Safeguards; Procedural Lapses Cannot Be Taken Lightly: Chhattisgarh High Court
The Chhattisgarh High Court has held that strict adherence to the safeguards governing arrest and remand, particularly the principles laid down by the Supreme Court in Arnesh Kumar v. State of Bihar, is of paramount importance and that procedural lapses by police officials cannot be treated casually. [2026 LiveLaw (Chh) 81]The Court observed that every police officer is under a...
Muslim Family Can't Bury Deceased On Disputed Land When Community Graveyard Is Available: Gujarat High Court Denies Relief
The Gujarat High Court rejected a plea by Muslim residents of a village challenging a notice asking them to explain reasons for burying a body on a disputed land despite existence of a separate earmarked graveyard for the community. [2026 LiveLaw (Guj) 201]Referring to a site inspection report of the disputed land showing graveyard for the Muslim community, the court said that when there...
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...
'Bureaucrats Deciding Land Compensation Prima Facie Unacceptable': Supreme Court Recommends Amendment To National Highways Act
The Supreme Court today urged the Union government to make suitable amendments to the National Highways Act so that land acquisition compensation disputes thereunder are decided by "judicially trained minds" and not government officers.A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing a batch of SLPs that arose from the Punjab and Haryana High Court's...
State Constitutionaly Bound To Decide KAAPA Detainee's Representation Irrespective Of Pending Decision By Advisory Board: Kerala High Court
The Kerala High Court has recently held that the State Government has an independent constitutional obligation to consider a representation by a person detained under the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA) expeditiously, which cannot be kept pending subject to Advisory Board's decision. It further held that the State has violated Article 22 (5) of the Constitution...
Refusal Of Judicial Remand Doesn't Bar Further Investigation Or Taking Cognizance: Allahabad High Court
The Allahabad High Court has held that merely because judicial remand was earlier declined would not by itself preclude the Investigating Officer from conducting further investigation or prevent the court from independently considering the police report at the stage of taking cognizance.A bench of Justice Zafeer Ahmad made the observation while dismissing a criminal appeal challenging an order...
Undertrial's Right To Defend Himself, Family Convenience Must Be Considered In Jail Transfer Requests: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that an application seeking transfer of an undertrial prisoner from one jail to another cannot be rejected solely because neither the accused nor his family resides in the district where the trial is pending.Emphasising that the right of an undertrial to effectively participate in his defence and the convenience of his family are...
Fresh Habeas Corpus Plea By Father Not Maintainable After Major Woman States Choice Of Living With Partner: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that once a Coordinate Bench has personally interacted with a major woman, recorded her statement and accepted that she is residing with a person of her own free will, a subsequent Habeas Corpus petition cannot be invoked by her father to secure another judicial examination of the same issue in the absence of fresh material...
Private Apartment Dispute Can't Be Converted Into RPwD Act Complaint Merely Because One Party Has Disability: Karnataka High Court
The Karnataka High Court has recently quashed proceedings initiated against residents of an apartment complex under the Rights of Persons with Disabilities (RPwD) Act, holding that the statute cannot be invoked to settle mundane civil disputes merely because one of the parties is a person with disability. [2026 LiveLaw (Kar) 263]The single judge bench of Justice Suraj Govindaraj was hearing...