All High Courts
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...
Long Possession Of Public Land Without Title Doesn't Confer Right To Seek Injunction: Madhya Pradesh High Court
The Madhya Pradesh High Court, on Friday (January 9), dismissed Public Health Engineering Department official's plea claiming possession over public land, holding that mere long possession over land without any lawful authority does not confer any enforceable rights or entitle the person to protection orders. The bench of Justice Hirdesh highlighted; "a person who does not have legal...
30 Important Andhra Pradesh High Court Judgments Of 2025
1.Investigating Officer Must Be Given 'Free-Hand' While Probing Case Involving Serious Allegations: Andhra Pradesh High CourtCase Title: Pvhv Gopala Sarma v. The State Of Andhra Pradesh and OthersCitation: 2025 LiveLaw (AP) 25The High Court of Andhra Pradesh has held that in a case containing serious allegations, the Investigating Officer (IO) deserves a free hand to take the investigation to...
State Election Commission Cannot Act Unilaterally When Polls Are Deferred Under Disaster Management Act; HP High Court
The Himachal Pradesh High Court has held that the Election Commission cannot act unilaterally when elections are deferred under the powers exercised by the State Government under the Disaster Management Act, 2005. Thus, the Court quashed the final notification constituting Nagar Panchayat Swarghat and directed reconsideration of objections raised by affected residents through a reasoned...
Justice Soumen Sen Sworn-In As Chief Justice Of Kerala High Court
Justice Soumen Sen was sworn in as the 40th Chief Justice of Kerala High Court on Saturday (January 10).The oath of office was administered by Governor Rajendra Arlekar at Raj Bhavan, Thiruvananthapuram. Chief Minister Pinarayi Vijayan was also present during the swearing in ceremony.The Central Government had earlier issued a notification to transfer Justice Sen from Meghalaya High Court...