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The Legal Affair

Let's talk Law

Author: farhats693

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  • Beyond Consent: Madhya Pradesh High Court Clarifies the Meaning of “Taking” in Kidnapping Law
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07/05/2026, 2 months ago

Beyond Consent: Madhya Pradesh High Court Clarifies the Meaning of “Taking” in Kidnapping Law

Introduction: The judgment delivered by the Madhya Pradesh High Court in Ravi Das Gupta v. State of Madhya Pradesh, CRA-2321-2013 offers a significant clarification on the legal interpretation of kidnapping from lawful guardianship under the Indian Penal Code, 1860. The decision, authored by Justice Pradeep Mittal, revisits the essential ingredients of the offence under Section […]

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07/05/2026, 2 months ago

Merit Beyond Disability: Supreme Court Reinforces “Upward Movement” Policy for Inclusive Equality

Introduction: The decision delivered by the Supreme Court of India in Justice Sunanda Bhandare Foundation v. Union of India & Ors., W.P.(C) No. 116/1998 marks a significant step in strengthening the rights of Persons with Benchmark Disabilities (PwBD) within public employment. The case, adjudicated by a bench comprising Justices Vikram Nath and Sandeep Mehta, addressed […]

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06/05/2026, 2 months ago

Between Law and Lived Reality: Meghalaya High Court Recognises Consensual Adolescent Relationships in Quashing POCSO Proceedings

Introduction: In a nuanced and socially contextual judgment, the Meghalaya High Court in Shri Vicky Kharsati v. State of Meghalaya (Crl. Petn. No. 17/2026) addressed the complex intersection of statutory criminal law and prevailing social realities. The case revolved around a petition seeking quashing of an FIR registered under the stringent provisions of the Protection […]

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06/05/2026, 2 months ago

Balancing Roster and Seniority: Andhra Pradesh High Court Strikes Down Discriminatory Promotion Condition

Introduction: In a significant judgment clarifying the interplay between roster-based promotions and seniority principles, the Andhra Pradesh High Court in K.V.L. Narasimha Rao and Others vs. M. Ganeshwara Rao and Others examined whether the State could impose an additional condition of inter-se seniority across different feeder categories within a fixed roster-point system. The Division Bench […]

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06/05/2026, 2 months ago

Boycott, Recusal and Fair Hearing: Delhi High Court Moves to Safeguard Adversarial Process in Excise Policy Case

Introduction: In a development that once again places the Delhi excise policy litigation at the center of national legal attention, the Delhi High Court, while hearing CBI v. Kuldeep Singh & Ors., indicated that it would appoint three senior advocates as amicus curiae to represent three key accused who have chosen to boycott the proceedings. […]

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06/05/2026, 2 months ago

Policy Shift Over Employment Continuity: Rajasthan High Court Upholds State’s Right to Restructure Schemes

Introduction: In a significant ruling addressing the intersection of public employment, contractual engagement, and policy restructuring, the Rajasthan High Court in Manish Dotasara v. State of Rajasthan & Ors. (2026 LiveLaw (Raj) 168) held that the State Government cannot be compelled to continue services of personnel engaged through outsourcing agencies when the very scheme under […]

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06/05/2026, 2 months ago

Between Emotion and Offence: Calcutta High Court Reaffirms Limits of Criminal Liability in Family Disputes

Introduction: In a sensitive and legally significant ruling, the Calcutta High Court in Subhadeep Chakraborty vs. State of West Bengal & Anr. (CRR 4122 of 2025) quashed criminal proceedings initiated against a father accused of assaulting his minor son during a court-sanctioned visitation. The decision highlights the judiciary’s cautious approach in criminalising familial conduct, especially […]

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06/05/2026, 2 months ago

Writ Jurisdiction vs. Arbitration: Kerala High Court Reinforces Judicial Restraint in Contractual Disputes

Introduction: In a significant pronouncement on the interplay between constitutional remedies and contractual dispute resolution mechanisms, the Kerala High Court in M/S RCC-ACC (JV) v. Board of Major Port Authority for Port of Cochin and Anr. (WA 834/2026; 2026 LiveLaw (Ker) 235) reaffirmed the principle that the existence of an efficacious alternative remedy, particularly arbitration, […]

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06/05/2026, 2 months ago

Guardians of the Record: Kerala High Court Reaffirms Procedural Safeguards Under Section 195 CrPC

Introduction: In a decision underscoring the importance of procedural compliance in criminal law, the Kerala High Court in Rajkumar v. State of Kerala and Anr. (2026 LiveLaw (Ker) 238) quashed criminal proceedings initiated against an accused alleged to have stolen a case bundle from a trial court. The ruling, delivered by Justice C.S. Dias, turns […]

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