Allahabad High Court
'Litigants Facing Delay Tactics': Allahabad HC Seeks Judicial Officers' Reply Over 'Casual' Approach In Deciding Case
The Allahabad High Court recently asked the District and Sessions Judge, Lucknow, and the Special Judge, NI Act, Lucknow to explain why they failed to decide a case under the Negotiable Instruments Act within the time period set by the High Court in two of its orders. A bench of Justice Shamim Ahmed noted that the trial court, before which the trial of the present case under the NI...
Assured Career Progression Different From Increment, Govt Servants Not Entitled To ACP Post-Retirement: Allahabad High Court
The Allahabad High Court, in a recent judgement, has held that government employees would not be entitled to Assured Career Progressions (ACPs) after their retirement. The Court held that Assured Career Progressions are distinct from Increments and cannot be awarded in the same way.“If a government servant, who has already retired from service and becomes entitled to his ACP, a day after...
Fake Birth Certificate Case | Allahabad HC Stays SP Leader Azam Khan's Conviction, Suspends Sentence Of Son, Wife; Grants Them Bail
The Allahabad High Court on Friday stayed the conviction of Samajwadi Party leader Azam Khan in connection with the fake birth certificate case. However, the court did not suspend the conviction of his wife (Tanzeen Fatima) and son (Abdullah Azam), though their pleas for suspension of the sentence were allowed, and all three were granted bail. However, Azam Khan and his son...
[S.85 Finance Act 1994] Limitation Period Prescribed In Special Statutes Prevails Over Limitation Act: Allahabad High Court
The Allahabad High Court has held that the limitations prescribed under special statutes, such as Finance Act, 1994 will prevail over the limitations mentioned in the Limitation Act, 1963.The Court held that statutes such as the Finance Act, 1994 or the Central Excise Act, 1944 were enabled to address specific areas of law and that they often contained detailed provisions regarding...
Allahabad High Court Directs Haryana SHO To Make All-Out Efforts To Trace Missing 13-Year-Old Boy
The Allahabad High Court on Tuesday directed the Station House Officer, Chandni Bagh, Panipat, Haryana, to make all-out efforts to trace a missing 13-year-old boy who hails originally from UP's Bahraich district of the State. A bench of Justice Mohd. Faiz Alam Khan also sought a detailed report of all actions to find the missing child, including documentary evidence. A copy of the...
Does Demand Notice Sent Via 'Courier' Constitute A Valid Service In Cheque Dishonor Cases? Allahabad HC Answers
The Allahabad High Court has unequivocally ruled that a demand notice sent to the cheque drawer via courier service is valid in cheque bounce cases under the Negotiable Instruments (NI) Act. The court, however, made it clear that in cases of notice sent through courier, the presumption of service under Section 27 of the General Clauses Act cannot be invoked until an amendment is...
[Hindu Marriage Act] Withdrawal Of Divorce Petition By Wife Does Not Abate Counterclaim Filed By Husband: Allahabad High Court
The Allahabad High Court has held that withdrawal of divorce petition filed by the wife under Section 13(1)(ia) of the Hindu Marriage Act, 1955 does not automatically abate the counterclaim filed by the husband as dismissal or discontinuance of a suit under Order VIII Rule 6D CPC includes withdrawal of suit as a suit is “dismissed as withdrawn”.The bench comprising of Justice Vivek...
Allahabad High Court Imposes Rs 50K Cost On Party For Filing False Affidavits Before Revenue Authority To Grab Widow's Property
The Allahabad High Court has imposed a cost of Rs. 50,000 on a party for trying to grab the land of a widow by filing false affidavit before various quasi-judicial authorities. The Court held that the petitioners had misused the process of law by intentionally defrauding the authorities.The Court relied on Kishore Samrite v. State of U.P. and others, where the Supreme Court held that...
Irked At Perfunctory Probe, Allahabad HC Orders Specialized Training For IO To Enhance Skills In Murder Case Investigations
The Allahabad High Court recently censured an Investigating Official for hastily filing a chargesheet under Section 306 IPC after dropping the charge under Section 302 IPC, initially specified in the FIR. A bench of Justice Manju Rani Chauhan further directed the Commissioner of Police, Police Commissionerate, Agra, to send the IO for special training to prepare him...
'Unbecoming Of A Judge; He Auctioned His Dignity': Allahabad HC Quashes 'False' FIR Lodged By A CJM Against Govt Officials
While quashing an FIR lodged by the Chief Judicial Magistrate, Banda against the serving officials of the state's Electricity Department, the Allahabad High Court on Tuesday made strong remarks about the Judicial officer's conduct. A bench of Justice Rahul Chaturvedi and Justice Mohd. Azhar Husain Idrisi observed that CJM Banda Bhagwan Das Gupta levelled “wild and...
Disciplinary Authority/Full Court Not Obligated To Give Reasons For Rejecting Representation: Allahabad HC Upholds Dismissal Of District Judge
While upholding dismissal of judicial officer on charges of demand of dowry and trying to influence his subordinate in a case instituted by his wife, the Allahabad High Court held that Disciplinary Authority being Full Court of the High Court is not obligated to supply reasons for rejecting the comments made by the delinquent judicial officer on the inquiry report.Relying on the decisions of...
S.42 Arbitration Act | Party Filing S.9 Application In One Court Can't Dispute Jurisdiction Later While Dealing With S.34 Application: Allahabad HC
The Allahabad High Court has held that once party has filed an application under Section 9 of the Arbitration and Conciliation Act, 1996 before one Court, he cannot raise an objection regarding territorial jurisdiction of that Court in dealing with any application arising out of the same arbitration agreement in view of Section 42 of the Act.Section 42 of the Act provides that...