Allahabad High Court
District Inspector Of Schools Has No Authority To Interfere With Seniority List Issued By Management Of Any Institution: Allahabad HC
The Allahabad High Court has held that there is no statutory provision in the U.P. Intermediate Education Act or elsewhere empowering the District Inspector of Schools to interfere with the seniority list issued by the Committee of Management of any institution.A bench of Justice Ajit Kumar held,“the District Inspector of Schools has no authority under provisions of the regulations framed...
Allahabad HC Directs Agra Police Commissioner To File Affidavit On Refresher Course For Investigating Officers On BNS
The Allahabad High Court has directed the Agra Division Police Commissioner to file an affidavit detailing the refresher course provided to investigating officers within the Commissionerate concerning the newly enacted Bharatiya Nyaya Sanhita, 2023 (BNS, which replaced the Indian Penal Code on July 1, 2024). A bench of Justice Arvind Singh Sangwan and Justice Mohd. Azhar Husain...
'Prosecution Failed Miserably To Prove Its Case': Allahabad High Court Upholds Acquittal Of 3 Dacoity Accused In 39 Year Old Case
On Tuesday, the Allahabad High Court upheld the acquittal of three accused in a 1985 dacoity case after finding several loopholes in the prosecution's case. “…when we take a holistic view of the evidence adduced during the course of trial and test the veracity of the prosecution story as mentioned by the witnesses, we find that prosecution has miserably failed to prove its case...
'Major Contradictions In Statements Of Police/ Eyewitnesses': Allahabad HC Acquits 3 Murder Accused In 23 Year Old Case
The Allahabad High Court on Monday set aside the conviction and acquitted three men who were sentenced to life imprisonment for committing the offence of murder after noting that there were significant contradictions in the statements of eyewitnesses and police witnesses. “Considering the evidence and other material on record in its entirety, we are of the view that the learned...
Allahabad High Court Allows SP MP Afzal Ansari's Appeal Challenging Conviction In Gangster Act Case
The Allahabad High Court today ALLOWED the appeal of Samajwadi Party MP Afzal Ansari, who had moved the Court challenging his conviction in the Gangster Act case, in which the Ghazipur MP/MLA Court sentenced him to 4 years in prison. His conviction was linked to the 2005 murder of BJP MLA Krishnanand Rai.With this, the Court has set aside the order and judgment of the Trial...
[S.72 UP Excise Act] Judicial Magistrate Cannot Release Vehicle During Pendency Of Confiscation Proceedings Before DM: Allahabad High Court
The Allahabad High Court has held that Judicial Magistrate has no jurisdiction to release vehicle during pendency of confiscation proceedings before the District Magistrate under Section 72 of the Uttar Pradesh Excise Act, 1910.Section 72 provides things which are liable for confiscation including any intoxicant in respect of which any offence has been committed. Section 72(1)(e) provides...
FIR In Rape Case Lodged On July 3 Under IPC Sections: Allahabad HC Questions SP On Not Invoking BNS Provisions
While dealing with a matter wherein an FIR (filed on July 3) in a Rape case had been registered under the Sections of the Indian Penal Code (IPC), the Allahabad High Court last week questioned the Superintendent of Police, Hamirpur, over not invoking the provisions under the Bharatiya Nyaya Sanhita (BNS). BNS, which replaced the IPC, came into effect on July 1, 2024, two days before...
Students Cannot Suffer For Faults Of University: Allahabad High Court Uphold Judicial Review Of "Erroneous" Answer Key
The Allahabad High Court has upheld judicial review of answer key which is “palpably and demonstrably erroneous” and is contrary to the published material which is read by students across the State. It has been held that students cannot be made to suffer for faults of the University in publishing wrong answer keys.“When the answers run contrary to the material published in a large number...
Levy Of Additional Compensation Noble: Allahabad HC Upholds Levy Of Penal Interest On Unpaid Additional Compensation During Pending Litigation
The Allahabad High Court has upheld the levy of penal interest by the Yamuna Expressway Industrial Development Authority on additional compensation which was not paid by the petitioner during the pendency of litigation.The Court held that “The interest acts as compensation for the period during which the petitioner was unjustly enriched by withholding the lawful dues owed to YEIDA. Interest...
Ex-Union Minister Maneka Gandhi Moves Allahabad HC Challenging Election Of SP's RB Nishad As Sultanpur MP
Senior BJP leader, MP and former Cabinet Minister Maneka Gandhi has moved an election petition before the Allahabad High Court, challenging the election of Samajwadi Party MP Ram Bhuwal Nishad from Sultanpur LokSabha constituency. Nishad defeated Gandhi (then sitting MP, Sultanpur) by a margin of 43K+ votes in the recently concluded Lok Sabha Elections 2024. While Nishad got 4,44,330...
Police Station Not Suitable Place For Child's Visitation, No Need To Increase Emotional Burden During Parents' Stressed Marriage: Allahabad HC
While modifying the order the Family Court, the Allahabad High Court observed that a police station is not a place for child visitation as the transactions happing in a police station may add to the emotional stress of parents separating.Appeal was filed against the order the Family Court allowing visitation rights at a police station. The bench comprising of Justice Saumitra Dayal Singh...
Employee Can't Be Made To Retire Before Date Of Retirement Unless Date Of Birth Is Changed In Original Service Records: Allahabad High Court
The Allahabad High Court has held that an employee cannot be retired prior to his date of retirement unless the date of birth of such employee is changed in the original service records to enable the authority to retire the employee.A bench of Justice Ajit Kumar held that “without changing the date of birth originally recorded in the service book, an employee cannot be made to retire. The...