Allahabad High Court Upholds Reinstatement As Standard Remedy, But Percentage Of Back Wages To Be Subject To Facts

The Allahabad High Court Bench comprising of Justice Chandra Kumar Rai heard a petition revolving around the dismissal of a bus conductor by the Uttar Pradesh State Road Transport Corporation (“UPRTC”). Here, the fairness of the disciplinary proceedings which led to the respondent's dismissal for allegedly allowing passengers to travel...

Allahabad High Court Monthly Digest: September 2024

Nominal IndexM/S Anil Rice Mill vs. State Of U.P. And 2 Others 2024 LiveLaw (AB) 533 Jyotish Chandra Thapliyal vs. Smt. Deveshwari Thapliyal 2024 LiveLaw (AB) 534 Anuj Kumar Agarwal vs. State Of Up And 4 Others 2024 LiveLaw (AB) 535 Abhilasha Shroti vs. Rajendra Prasad Shroti 2024 LiveLaw (AB) 536 Remo D Souza v.s State of U.P. and Another 2024 LiveLaw...

Allahabad High Court Quarterly Digest: July – September 2024 [Citations 414 - 606]

[NOMINAL INDEX PROVIDED AT THE BOTTOM] ORDERS/JUDGMENTS OF THE QUARTER [Domestic Violence Act] Permissible Amendments, Additional Reliefs U/S 12 Can Be Sought By Fresh Application U/S 23: Allahabad High Court Case Title: Maharaj Kumari Vishnupriya v. State of U.P. and 2 Ors. 2024 LiveLaw (AB) 414 Case citation: 2024 LiveLaw (AB) 414 The Allahabad High Court has held...

Benefit Of SC Judgment On Extension Of Limitation During COVID-19 Can't Be Granted On Mere Asking, Especially When Party Is In Default: Allahabad HC

The Allahabad High Court has held that the benefit of extension of limitation during COVID-19, as per In Re Cognizance for Extension of Limitation, cannot be granted to a party merely for the asking, especially when there is default on the part of the party seeking such extension. While dismissing Bharat Sanchar Nigam Ltd.'s appeals under Section 37 of the Arbitration and Conciliation Act,...

Allahabad HC Imposes 25K Cost On State Govt After Senior Officer Acts As Enquiry Officer, Disciplinary Authority & Appellate Authority In Same Case

The Allahabad High Court has imposed a cost of Rs. 25,000 on the State of Uttar Pradesh as a senior State Officer acted as an Inquiry Officer, Disciplinary Authority as well as the Appellate Authority in case of disciplinary proceedings against an employee.Single bench of Justice Alok Mathur noted,“Sri Ajay Kumar Shukla [Secretary Election Anubhag, Lucknow], have acted himself in all the...

Bail Plea Shouldn't Be Rejected To Give Accused A Taste Of Imprisonment As A Lesson: Allahabad High Court

The Allahabad High Court has observed that the bail application of an 'unconvicted' person should not be rejected for the purpose of giving him a taste of imprisonment as a lesson or as a mark of disapproval of his conduct. A bench of Justice Arun Kumar Singh Deshwal added that while considering the bail application, apart from the seriousness of the charges and severity of...

Allahabad HC Summons Ghaziabad DM For Violating Division Bench Order To Register Sale Certificates, Issuing Demand Notice Of Over ₹14 Crores

The Allahabad High Court has directed the District Magistrate, Ghaziabad to appear before it in person for violating a Division Bench order directing immediate registration of sale certificates issued in favour of the petitioner, and instead issuing a demand notice of more than Rs. 14 crores under the Indian Stamp Act, 1899.The petitioner had earlier approached the High Court seeking a...

Allahabad HC Stays Coercive Action Against Lawyer Accused Of Posting 'Indecent' Content Against Brahmin Community Online

The Allahabad High Court has stayed coercive action against a Jaunpur-based lawyer who is facing an FIR on the allegations of posting indecent content against the Brahmin community online. Listing the case for February 7, 2025, a bench of Justice Arvind Singh Sangwan and Justice Mohd. Azhar Husain Idrisi granted relief to Lawyer Barsatu Ram Saroj, as it noted that the matter...

Krishna Janmabhumi-Shahi Idgah Dispute | Allahabad HC Dismisses Recall Plea Against Its Order To Consolidate 15 Suits

The Allahabad High Court today dismissed a plea moved by the Shahi Eidgah Mosque side to recall the HC's January 11, 2024, order consolidating all suits filed in connection with the Shri Krishna Janmabhoomi-Shahi Eidgah dispute at Mathura,Justice Mayank Kumar Jain dismissed the plea at 3:50 pm today. A detailed order is awaited.It may be noted that in January this year, a single judge...

PIL In Allahabad HC To Restrain Yati Narsinghanand From Making Remarks Against Prophet Muhammad, Holy Qur'an

A PIL (Public Interest Litigation) plea has been moved before the Allahabad High Court to restrain controversial head priest Yati Narsinghanand of Dasna Devi temple in Ghaziabad from raising questions against Prophet Mohammad and the holy book Qur'an.The PIL plea, filed by two Mumbai residents (Mohammad Yusuf and Zakir Husaun Mustafa Shaikh), also seeks the removal of his recent 'hate...

Family Pension Under High Court Judges Act Applicable To Chairperson Of State Law Commission: Allahabad High Court

The Allahabad High Court has held that “family pension” rules under the High Court Judges (Salaries and Conditions of Service) Act, 1954 and the Rules framed thereunder will be applicable to the pension awarded to the Chairperson of the State Law Commission under the Uttar Pradesh State Law Commission Act, 2010.The bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held...

Allahabad High Court Grants Interim Relief On Plea Challenging Order U/S 129 UPGST Act Claiming Asst Commissioner Was Not 'Proper Officer'

Recently, the Allahabad High Court has granted interim relief in a writ petition challenging the order under Section 129 of the Uttar Pradesh Goods and Service Tax Act, 2017.Petitioner was transporting Arecanuts, when the shipment was intercepted by the Mobile Squad. Due to alleged reuse of bill and e-way bills, physical verification of the goods was ordered. Though no discrepancies were...