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The Legal Affair

Let's talk Law

Author: farhats693

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  • High Court of Jammu & Kashmir and Ladakh Upholds Legal Certainty: State Cannot Reopen Settled Law Through Selective Appeals
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04/05/2026, 2 months ago

High Court of Jammu & Kashmir and Ladakh Upholds Legal Certainty: State Cannot Reopen Settled Law Through Selective Appeals

Introduction: The High Court of Jammu & Kashmir and Ladakh, in Union Territory of J&K & Ors. v. Ravinder Kanta & Ors. (2026 LiveLaw (JKL) 184), delivered a significant judgment reinforcing the principles of judicial discipline, legal certainty, and the doctrine of finality in litigation. The Division Bench comprising Chief Justice Arun Palli and Justice […]

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04/05/2026, 2 months ago

Supreme Court of India Reinforces Timely Consideration of Detenu’s Representation: Delay Vitiates Preventive Detention Under NSA

Introduction: The Supreme Court of India, in Sunil Kumar Gupta alias Sunil Chain v. Union of India (Diary No. 10476/2026), delivered a significant ruling on the procedural safeguards governing preventive detention under the National Security Act, 1980. The case revolved around the legality of a preventive detention order passed against the appellant-detenu, Sunil Kumar Gupta, […]

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02/05/2026, 2 months ago

Beyond Physical Distance: Patna High Court Clarifies “Living Separately” in Mutual Divorce and Upholds Statutory Discipline

Introduction: The case of Kumari Vagisha v. Kumar Sangam came before the Patna High Court, raising a significant question regarding the interpretation of “living separately” under Section 13B of the Hindu Marriage Act, 1955. The matter was heard by a Division Bench comprising Justice Nani Tagia and Justice Alok Kumar Pandey, with the judgment authored […]

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02/05/2026, 2 months ago

Judicial Scrutiny of Electoral Discretion: Calcutta High Court Examines Legality of Mandating Central Officials in Vote Counting

Introduction: The case of Javed Ahmed Khan vs Election Commission of India and Others came up for hearing before the Calcutta High Court, raising important constitutional and electoral law questions concerning the extent of administrative powers exercised during the conduct of elections. The matter was heard by Justice Krishna Rao, who was called upon to […]

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02/05/2026, 2 months ago

Substance Over Technicality: Jammu and Kashmir High Court Upholds Family Pension Rights of Disabled Dependent Daughter

Introduction: The case of State Bank of India v. Smt. Balbir Kaur came before the Jammu & Kashmir and Ladakh High Court, raising a significant question concerning the entitlement of a disabled dependent daughter to family pension under service regulations. The matter was adjudicated by a Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay […]

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02/05/2026, 2 months ago

Beyond Physical Harm: Bombay High Court Recognises Psychological Abuse in Child Protection Law and Refuses to Quash FIR

Introduction: The case of Helcino A Fernandes vs State came before the Bombay High Court, wherein the Court was called upon to examine whether a First Information Report alleging child abuse under the Goa Children’s Act, 2003 deserved to be quashed at the threshold stage. The matter was adjudicated by Justice Ashish Chavan, who addressed […]

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02/05/2026, 2 months ago

Compensation Upheld in Train Fall Case: Gujarat High Court Rejects Speculative Defences and Reinforces Passenger Protection

Introduction: The case of Union of India v. Mandabai w/o Sukhdev Chavan (Mother of Deceased) came before the Gujarat High Court, raising critical issues relating to railway liability, the concept of “untoward incidents,” and the evidentiary standards required to deny compensation under railway law. The matter was adjudicated by Justice J C Doshi, who examined […]

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02/05/2026, 2 months ago

Right to Vote vs Procedural Limits: Kerala High Court Declines Relief to Polling Officers in Postal Ballot Dispute

Introduction: The case of Kerala N.G.O Union v. Election Commission of India and connected matters came before the Kerala High Court, raising important concerns regarding the exercise of voting rights by government officials deployed on election duty. The matter was adjudicated by Justice K V Jayakumar, who was called upon to examine allegations of large-scale […]

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02/05/2026, 2 months ago

Preserving the Estate Pending Trial: Delhi High Court Safeguards Heirs’ Rights Amid Kapoor’s Disputed Will

Introduction: The dispute in Ms. Samaira Kapur & Anr v. Mrs. Priya Kapur & Ors came before the Delhi High Court, raising complex questions relating to inheritance, testamentary validity, and interim protection of estate assets. The matter was adjudicated by Justice Jyoti Singh, who was called upon to determine whether interim measures were necessary to […]

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