Constitutional Law
26th Constitutional Amendment Abolishing Privy Purses Doesn't Alter Succession Law For Former Rulers' Estates: Karnataka High Court
The Karnataka High Court has upheld the vires, applicability of Section 5(ii) Hindu Succession Act–which exempts Act's applicability on estates passing to a single heir under a covenant between an erstwhile Ruler and the Indian Government or under a law enacted before the Act came into force–on personal properties, impartible estate of former rulers. The Court held that the provision is...
'Right To Electricity Part Of Article 21': AP High Court Quashes Permanent Rejection Of Mill's Application For Power Connection
Holding that the right to electricity is an integral and inextricable part of Article 21 of the Constitution, the Andhra Pradesh High Court set aside the permanent rejection of a flour mill owner's application for a new electricity connection and directed the distribution licensee to process it as per the Electricity Act provisions. [2026 LiveLaw (AP) 184]The Court held that even if...
Principles Of Judicial Review In Exam Evaluation Disputes : Supreme Court Explains
The Supreme Court has reiterated that a power of judicial review cannot be exercised to interfere with the decision of experts in an academic field. A bench of Justice Dipankar Datta and Justice Sheel Nagu set aside the Allahabad High Court's order, which had interfered with the academic experts' decision in examination matters. The High Court issued directions to the Uttar Pradesh...
Denial Of Maintenance Forcing Wife Into Destitution Violates Her Right To Live With Dignity Under Article 21: Allahabad High Court
The Allahabad High Court last week observed that denial of maintenance, forcing the wife into destitution, violates the constitutional guarantee under Article 21, which includes the right to live with dignity.The Court added that the maintenance ensures that the wife is not compelled to lead a life of destitution for such deprivation would offend the dignity guaranteed under Article 21. A...
Allahabad High Court Orders ₹25 Lakh Compensation For 2 Sisters Illegally Confined By Father After Conversion To Islam
The Allahabad High Court last week ordered the father of two adult sisters and the Uttar Pradesh Government to jointly pay ₹25 lakh compensation after holding that the women were illegally confined at their parental home following their decision to convert from Hinduism to Islam.A bench of Justice Sandeep Jain passed the order while allowing a habeas corpus petition concerning Diya Bhatia...
Permanent Debarment Of Auditor From Future Empanelment Not Permissible Under Maharashtra Co-Operative Societies Act: High Court
The Bombay High Court has held that neither the Maharashtra Co-operative Societies Act, 1960 nor the Maharashtra Co-operative Societies Rules, 1961 contemplate permanently debarring an auditor from future empanelment merely because his name was removed from an earlier panel. The Court further held that a clause in the Commissioner's Circular imposing such a permanent disqualification...
Unexplained Delay In Deciding Detenu's Plea For Release Renders Continued Detention Illegal: AP High Court
The Andhra Pradesh High Court set aside a preventive detention order after holding that the continued detention of the detenu became illegal due to the State Government's unexplained delay in deciding his representation for release. [2026 LiveLaw (AP) 181]In doing so the court said that any unreasonable and unexplained delay in considering a representation violates the constitutional...
Keeping Person In Police Custody Under Guise Of 'Voluntary Cooperation' Violates Article 22: Chhattisgarh High Court
The Chhattisgarh High Court has held that investigating agencies cannot keep a person in their custody under the guise of "voluntary cooperation" to circumvent the constitutional safeguards against arrest, observing that such a course would violate Article 22 of the Constitution. The Court ruled that a mere endorsement on a notice stating that a person is voluntarily accompanying the...
Police Constable Can't Be Dismissed Solely On Conviction, Disciplinary Authority Must Consider Conduct Which Led To It: Allahabad High Court
The Allahabad High Court has held that a police officer cannot be dismissed from service under Rule 8(2)(a) of the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 merely because he stands convicted on a criminal charge, unless the disciplinary authority has first considered the conduct which led to that conviction. It held that such consideration is a...
Unexplained Delay By Public Authority In Deciding Citizen's Application Attracts 'Doctrine Of Malice In Law': Allahabad High Court
The Allahabad High Court has held that where a public authority sits over a citizen's application for an indefinite period without any reasonable or plausible justification, the inaction by itself attracts the doctrine of malice in law and shows arbitrariness. It held that an unjustified delay in permitting a citizen to carry on a lawful trade or business must answer to the “golden...
Contractor Cannot Indirectly Challenge Govt Action Against Another Entity Through Writ Petition: Allahabad High Court
The Allahabad High Court has held that a contractor cannot indirectly challenge Government action taken against another entity by filing a writ petition under Article 226 of the Constitution. A bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary added that where the grievance essentially arises out of contractual rights flowing from Letters of Intent, the appropriate remedy...
Writ Petition Not Maintainable Against CMD Of Government Company As It Is Not A 'Public Office': Bombay High Court
The Bombay High Court has held that a writ of quo warranto is not maintainable against the Chairman-cum-Managing Director (CMD) of a Government company merely because the appointment is made by the President of India or the company is government-controlled. The Court further observed that for a writ of quo warranto to lie, the office in question must be a "public office" created by law and...












