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The Legal Affair

Let's talk Law

Author: farhats693

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  • Private Education Is Not Charity Alone: Jammu and Kashmir High Court Recalibrates the Balance Between Regulation, Autonomy, and Economic Reality
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05/02/2026, 12 hours ago

Private Education Is Not Charity Alone: Jammu and Kashmir High Court Recalibrates the Balance Between Regulation, Autonomy, and Economic Reality

Introduction: In a far-reaching and socially significant pronouncement, the Jammu & Kashmir and Ladakh High Court, while deciding a batch of writ petitions led by New Convent High School v. Union of India, undertook a nuanced constitutional examination of the role, rights, and responsibilities of private unaided educational institutions within India’s contemporary education ecosystem. The […]

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05/02/2026, 12 hours ago

Preventive Detention Cannot Survive Without a Live Threat: J&K&L High Court Reaffirms Constitutional Limits on State Power

Introduction: The Jammu and Kashmir and Ladakh High Court, in Huzaif Ahmad Dar v. Union Territory of Jammu and Kashmir, reported as 2026 LiveLaw (JKL), delivered a significant reaffirmation of constitutional safeguards governing preventive detention, underscoring that the extraordinary power to detain without trial cannot be exercised in the absence of a current or proximate […]

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05/02/2026, 12 hours ago

Romantic Relationship and Near-Majority Age Considered Relevant for Bail Under POCSO, Says Delhi High Court

Introduction: The present bail order was passed by the Delhi High Court in a case titled Varun Kumar Singh v. State (SHO Rajinder Nagar), reported as 2026 LiveLaw (Del) 143, wherein Justice Vikas Mahajan was called upon to decide a bail application filed by Varun Kumar Singh, an accused facing serious charges under the Indian […]

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05/02/2026, 12 hours ago

No Disqualification Without Post-Election Gain: Karnataka High Court Shields Elected Councillors From Retrospective Penal Consequences

Introduction: This writ petition before the Karnataka High Court arose from the disqualification of two elected Councillors of the Belagavi Municipal Corporation, namely Shri Jayant Jadhav and another petitioner, whose continuance in office was terminated on the allegation that they had failed to disclose that their respective wives had obtained leasehold rights in properties constructed […]

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05/02/2026, 12 hours ago

Re-Imposing Disqualified Conditions After Judicial Determination Amounts to Willful Contempt, Holds Madhya Pradesh High Court

Introduction: In Ms. Divya Dubey v. Smt. Rashmi Arun Shami and Others, Contempt Case No. 5849 of 2023, the Madhya Pradesh High Court was confronted with a serious question concerning obedience to judicial orders and the limits of administrative discretion in the face of binding judicial determinations. Justice Pranay Verma, while deciding a batch of […]

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05/02/2026, 12 hours ago

Long-Standing Academic Appointments Cannot Be Unsettled After Two Decades, Holds Jharkhand High Court

Introduction: In Arbind Sharan v. Bihar College Service Commission and Others, C.W.J.C. No. 657 of 2001, the Jharkhand High Court was confronted with a challenge that sought to unsettle academic appointments made nearly twenty-five years earlier on the ground of alleged violation of the reservation policy. The matter was heard by a Single Judge Bench […]

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05/02/2026, 12 hours ago

Wrongful Arrest Without Credible Evidence Violates Article 21: Allahabad High Court Awards Compensation

Introduction: In Sunil Kandu @ Sunil Kumar Gupta v. Secretary, Ministry of Home Affairs and Others, reported as 2026 LiveLaw (AB) 56, the Allahabad High Court delivered a significant judgment reinforcing constitutional safeguards against arbitrary arrest and detention. A Division Bench comprising Justice Arindam Sinha and Justice Satya Veer Singh examined a claim for compensation […]

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05/02/2026, 18 hours ago

Submission of Fake Medical Certificates Is Grave Misconduct Justifying Dismissal, Rules Delhi High Court

Introduction: In CAG v. Manoj Kumar, W.P.(C) 7831/2024, the Delhi High Court examined the limits of judicial interference in disciplinary proceedings and the seriousness of dishonesty by public servants, particularly where false medical documents are used to justify unauthorised absence. A Division Bench comprising Justice Anil Kshetarpal and Justice Amit Mahajan was hearing a writ […]

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05/02/2026, 18 hours ago

Delhi High Court Flags Cannabis Policy for Review, Leaves Decriminalisation to Legislature

Introduction: In Great Legislation Movement India Trust v. Union of India, W.P.(C) 7608/2019, the Delhi High Court was called upon to examine a question that sits at the intersection of criminal law, public health, science, economics, and evolving global policy trends namely whether India’s legal regime governing cannabis under the Narcotic Drugs and Psychotropic Substances […]

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