Allahabad High Court
Special Appeal Not Maintainable Against Routine PIL Orders That Don't Affect Valuable Rights Of Parties: Allahabad High Court
The Allahabad High Court has held that 'Special Appeals' under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952, are not maintainable against routine orders passed by the Single Judge if they don't determine the rights and obligations of the parties. "…an interlocutory order to be appealable under Chapter VIII Rule 5 of the Rules must adversely affect the valuable right of...
Centre Notifies Appointment Of Five Judicial Officers As Judges Of Allahabad High Court
The Central Government today notified the appointment of the following Judicial Officers as Judges of the Allahabad High Court. They are:1. Pramod Kumar Srivastava, 2. Abdul Shahid, 3. Santosh Rai, 4. Tej Pratap Tiwari, and 5. Zafeer AhmadWhile the Supreme Court Collegium recommended the names of judicial officers Srivastava, Rai, and Ahmad on July 1, the proposal to appoint Judicial...
Threatening A Person From Approaching Court Is 'Most Serious Of Criminal Contempts': Allahabad High Court
Taking serious note of threats to a PIL petitioner, the Allahabad High Court observed that obstructing a person from seeking legal remedies amounts to the most serious of criminal contempts. The Court has summoned the accused and sought an affidavit from SP Fatehpur.
'Adjourning Case Over Bar's Strike Proposal Could Invite Disciplinary Action': Allahabad HC Issues Show Cause Notice To SDM
The Allahabad High Court last week pulled up a Sub Divisional Magistrate (SDM) for adjourning a case in deference to a resolution of the local Bar Association in Aligarh calling upon the Advocates to abstain from judicial work. A bench of Justice JJ Munir observed that accepting such a strike resolution may amount to misconduct on the part of the Presiding Officer and could...
S.223 BNSS | 'Notice To Accused Can't Be Issued Without First Recording Statements Of Complainant, Witness': Allahabad High Court
The Allahabad High Court last week clarified that a Magistrate cannot issue a notice to a prospective accused under Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), without first recording the statements of the complainant and the witnesses, if any. With this, a bench of Justice Rajnish Kumar quashed a notice issued to the accused (applicant-Rakesh Kumar Chaturvedi)...
Anticipatory Bail Plea Not Maintainable On Mere Issuance Of Summons In Complaint Case Involving Non-Bailable Offence: Allahabad High Court
In a recent order, the Allahabad High Court clarified the scope of anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS) as it held that in a complaint case involving accusation of a non-bailable offence, anticipatory bail plea will not be maintainable upon the mere issuance of a summons, as in such a case, there is no apprehension of arrest by the...
'Shouldn't Accept Briefs If Too Busy': Allahabad High Court Orders Removal Of Govt Counsel From KDA Panel Over Absence
On Thursday, the Allahabad High Court directed the Vice-Chairman, Kanpur Development Authority (KDA) to remove one of its panel advocates after the counsel failed to appear in court and delegated the matter to a junior colleague. A bench of Justice Rohit Ranjan Agarwal, which was hearing a revenue matter, noted that although the concerned advocate had accepted notice on behalf...
Allahabad High Court Commutes Death Penalty To Life Term For Not Less Than 25 Yrs Sans Remission In Minor Cousin's Rape-Murder Case
The Allahabad High Court on Tuesday (July 29) commuted the death penalty awarded to a man convicted of committing rape and murder of his minor cousin to life imprisonment for not less than 25 years without reprieve or remission of sentence. The Court modified the sentence while observing that the offence was of a heinous and diabolic nature, but it may not be said that brutality...
Burden To Prove That Best Assessment By Income Tax Authorities Is Perverse Is On Assesee: Allahabad High Court
The Allahabad High Court has held that the burden to prove that the findings of best assessment done by the authorities is perverse is on the assesee. The bench of Justice Shekhar B. Saraf and Justice Praveen Kumar Giri held that “when a best assessment is done, it is for the assessee to bring on record the facts that may reveal that the findings are perverse in...
Disciplinary Action | Punishment Order Not Invalid For Mere Non-Mention Of Specifics Of Show Cause Notice: Allahabad High Court
The Allahabad High Court has held that unless there is any clear illegality, punishment order cannot be held to be invalid merely because it does not include all specifics of the show cause notice.The bench of Justice Manju Rani Chauhan held,“This Court is of the opinion that a punishment order cannot be held invalid merely on the ground that it does not specifically mention the details of...
Mere Pendency Of Criminal Case Not Ground For Denying Compassionate Appointment: Allahabad High Court
The Allahabad High Court has held that mere pendency of criminal case cannot be a ground for denying compassionate appointment and the discretion with the employer to grant appointment must be exercised objectively. It further held that the character certificate given by the District Magistrate holds some weightage in considering a person's application for compassionate appointment.Noting...
Allahabad High Court Upholds Right Of Estranged Wife To Receive Family Pension Over Nominated Sons
Recently, the Allahabad High Court has upheld the right of an estranged wife who was receiving maintenance from her husband to receive family pension after his death over the right of the sons who were named as nominees by the husband.Justice Manju Rani Chauhan observed that,“the family pension is statutory and beyond the employee's unilateral control. Family pension is recognized as a...