Allahabad High Court
Mere Direction To Decide Representation By HC Does Not Revive Stale Claim Of Salary Dues: Allahabad High Court
The Allahabad High Court has held that even though Article 226 of the Constitution does not contemplate laches, merely obtaining a direction to decide representation after significant delay in making the claim (and in submitting representation) would not give rise to a new cause of action or revive a stale claim of salary dues by the petitioner.Justice Subhash Vidyarthi relied on State...
In Absence Of Orthopaedic Doctor On Committee, Medical Certificate Of Disability Issued By CMO Cannot Be Disbelieved: Allahabad High Court
The Allahabad High Court has recently held that in absence of a medical officer specialising in orthopaedics on the Committee, medical certificate stating 60% disability issued the Chief Medical Officer cannot be disbelieved.“Certificate issued by a Chief Medical Officer could have been questioned only by the penal of medical officers in the field of orthopaedics, otherwise one could not...
Ward Boy Working In OPD Across From COVID Ward Covered Under Pradhan Mantri Garib Kalyan Package (Insurance Scheme): Allahabad High Court
The Allahabad High Court has held that ward boy working in OPD across COVID ward during the pandemic will be covered under 'Pradhan Mantri Garib Kalyan Package: Insurance Scheme for Health Workers Fighting COVID-19' and the benefits of the scheme were directed to be given to his widow.Petitioner's claim under the Pradhan Mantri Garib Kalyan Package: Insurance Scheme for Health Workers...
Trial Yet To Begin Since Sept 2022 Arrest: Allahabad HC Grants Bail To PFI 'Leaders' Accused Of Planning To Infiltrate RSS
The Allahabad High Court on Thursday granted bail to 3 alleged leaders of the Popular Front of India (PFI) who were arrested in September 2022 by the UP STF (Special Task Force) on the allegations of planning to infiltrate the Rashtriya Swayamsevak Sangh (RSS).A bench of Justice Karunesh Singh Pawar granted bail to the accused (Sufiyan, Mohd. Faizan, and Mohd. Rehan) as it noted that they...
'Harassment Of Innocents A Great Sin': Allahabad HC Cites Rigveda, Bible & Quran, Slams Govt Officials For Preparing Defective Gang Charts
In a significant order, the Allahabad High Court today invoked the Rigveda, the Bible, and the Quran to emphasise the prohibition of harassment and oppression of innocent individuals, underscoring that such actions are a great sin. This statement came as the Court sharply criticised the Uttar Pradesh Government officials for invoking the Gangsters Act in several cases without...
'Can't Question Govt's Political Wisdom': Allahabad HC On PIL Challenging Centre's 'Samvidhaan Hatya Diwas' Notification
The Allahabad High Court on Thursday disposed of former Indian Police Service (IPS) officer Amitabh Thakur's Public Interest Litigation (PIL) petition challenging the Central government's recent notification declaring June 25, the day Emergency was imposed in the country in 1975, as 'Samvidhaan Hatya Diwas'.A bench of Justice Sangeeta Chandra and Justice Shree Prakash Singh said that the...
PIL Against Wine Shop Operation Near Temple During 'Shravan': Allahabad HC Seeks District Excise Officer's Reply
The Allahabad High Court has sought a response from the District Excise Officer, Ayodhya, on a Public Interest Litigation (PIL) plea against the operation of a wine shop near a temple (Shravan Shram Mandir Khiharan in Milkipur, Ayodhya) during the holy month of Shravan. The PIL, filed by Swami Krishnacharya Alias Kali Prasad Mishra through advocates Harendra Singh and Satish...
Courts Can Examine Blacklisting Order In Writ Jurisdiction To Ensure Proportionality, Adherence To Natural Justice: Allahabad High Court
The Allahabad High Court has held that the Courts while exercising writ jurisdiction have the power to examine blacklisting order to ensure that principles of natural justice and doctrine of proportionality are followed.The bench comprising Justice Shekhar B. Saraf and Justice Manjive Shukla held State instrumentalities though vested with the power of blacklisting must conform to fairness...
PCS-J 2022 | Allahabad High Court Seeks UPPSC's Reply On Candidate's Plea Alleging Marking Discrepancies In Mains Exam
The Allahabad High Court has directed the Uttar Pradesh Public Service Commission (UPPSC) to respond to a candidate's allegations of discrepancies in marking her answers in the U.P. Judicial Service Civil Judge (Junior Division) Mains Examination 2022. The petitioner (Sucheta Rai) claims that fewer marks were awarded to her against her answers in the written...
S.3H National Highways Act Requiring Deposit Of Compensation Prior To Taking Possession Meant To Safeguard Land Owners: Allahabad High Court
The Allahabad High Court has held that Section 3-H(1) of the National Highways Act, 1956 requiring compensation to be deposited with the competent authority before taking possession of acquired land is meant for safeguarding the land owners. It was held that the provision is not for the Government to delay payment of compensation and to pay the amount only when possession is taken.Section...
Passport Authority Not Bound To Impound Passports On Pendency Of Criminal Cases, S.10(3)(e) Uses 'May': Allahabad High Court
The Allahabad High Court has held that under Section 10(3)(e) of the Passports Act, 1967, it is not mandatory for the passport authority to impound passport of a person against whom criminal case(s) are pending. It has been held that the word “may” in Section 10(3) gives discretion to the passport authority to consider the case on its merits and record its satisfaction in writing if...
In Absence Of Appellant Or His Lawyer , Appeal Should Be Dismissed In Default Not An Order On Merit : Allahabad High Court
The Allahabad High Court has held that the term “ex-parte” in Rule 63(4) of the Uttar Pradesh Value Added Tax Rules, 2008 can be interpreted as for want of representation of the defendant after service of notice, the case may be decided on merits. However, when the appellant or his counsel is not present, the case may only be dismissed in default. The Court held that in...