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The Legal Affair

Let's talk Law

Author: farhats693

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  • Procedural Law Cannot Be Short Circuited Even for Public Nuisance Remedies: J&K&L High Court
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29/01/2026, 1 week ago

Procedural Law Cannot Be Short Circuited Even for Public Nuisance Remedies: J&K&L High Court

Introduction: The Jammu and Kashmir and Ladakh High Court in Om Prakash and Others versus Bodh Raj and Others (2026) examined the legality of a revisional court order which had set aside a Sub Divisional Magistrate’s final order passed under Section 133 of the Code of Criminal Procedure and had remanded the matter for fresh […]

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29/01/2026, 1 week ago

Delhi High Court Takes Suo Motu Action Over Alleged Drug Syndicate in Industrial Area, Appoints Amicus to Probe Ground Reality 

Introduction: The Delhi High Court while hearing a public interest petition concerning alleged large scale drug trafficking in the Okhla Industrial Area expressed serious concern over the impact of such activities on youth and public order and despite refusing to entertain the petition on merits due to its doubtful bona fides decided to take suo […]

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29/01/2026, 1 week ago

Madhya Pradesh High Court Rejects Virginity and Two Finger Test in Matrimonial Dispute, Upholds Privacy and Dignity

Introduction: The Madhya Pradesh High Court in BK versus PK examined a challenge by the husband against an order of the Family Court which had dismissed both his divorce petition based on cruelty and his application seeking a medical examination of the wife to conduct what would effectively amount to a virginity or two finger […]

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29/01/2026, 1 week ago

Non-Bailable Warrant Cannot Precede Scheduled Appearance After Police Notice, Orissa High Court Upholds Personal Liberty

Introduction: In a strong reaffirmation of procedural fairness and the primacy of personal liberty, the Orissa High Court in Srinivaschary K.R. alias Srinivaschari K.R. alias K.R. Srinibash Acharya alias K.R.S Achary versus State of Odisha examined the legality of issuing a non-bailable warrant of arrest before the scheduled date of appearance mentioned in a police […]

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29/01/2026, 1 week ago

Blanket Freezing of Bank Accounts Without Specifying Amount Is Illegal and Arbitrary, Rules Allahabad High Court

Introduction: In a significant ruling strengthening procedural safeguards against arbitrary financial restrictions, the Allahabad High Court in Khalsa Medical Store through its Proprietor Yashwant Singh versus State of Uttar Pradesh and Others examined the legality of freezing an entire bank account through a blanket police notice without specifying the amount allegedly linked to a crime […]

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29/01/2026, 1 week ago

Preference to Contract Workers Mandatory When Regular Jobs Are Created, Supreme Court Clarifies Rights and Remedies

Introduction: In M S Premium Transmission Private Limited versus Kishan Subhash Rathod and Others, reported as 2026 LiveLaw (SC) 87, the Supreme Court examined the complex and recurring issue of rights of contract labour when an employer either discontinues contractual engagement or proposes to engage regular employees for the same work, and the matter was […]

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29/01/2026, 1 week ago

Pandemic Emergency Justified Use of Foreign Data Tools, No Further Orders Needed on COVID Data Privacy:Kerala High Court 

Introduction: In Balu Gopalakrishnan versus State of Kerala and Others reported as 2026 LiveLaw (Ker) 51, the Kerala High Court dealt with a batch of writ petitions challenging the legality and constitutional validity of the Kerala Government’s agreement with US based data analytics firm Sprinklr Inc for managing COVID 19 related health data during the […]

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29/01/2026, 1 week ago

Charge Framing Under UAPA Is Interlocutory Order, Appeal Not Maintainable: Delhi High Court Reiterates

Introduction: In Abdul Rashid Sheikh versus National Investigation Agency, the Delhi High Court examined the maintainability of an appeal filed against an order framing charges in a case registered under the Unlawful Activities Prevention Act and the Indian Penal Code, where the appellant, a sitting Member of Parliament from Jammu and Kashmir, challenged the trial […]

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29/01/2026, 1 week ago

Magistrate Cannot Order Probe Against Public Servant Without Prior Approach to Superintendent of Police and Affidavit Under BNSS: Supreme Court 

Introduction: In XXX versus State of Kerala & Others, reported as 2026 LiveLaw (SC) 85, the Supreme Court of India examined the scope and inter-relationship of sub-sections (3) and (4) of Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and clarified whether a Magistrate can directly entertain a complaint against a public servant […]

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