Allahabad High Court
Competitive Exams | Can't Hold A Question To Be Wrong As Long As It Can Be Understood By Candidates & Can Be Answered: Allahabad HC
The Allahabad High Court has observed that in the matter of public examinations, a question should not be considered wrong solely based on its formulation unless it cannot be understood or answered by the candidate. While acknowledging the argument that a few questions could be better framed, the Court said that this fact alone does not invalidate them. “Unless it is shown that...
UP Urban Buildings Act | Amendment/Substitution In Pending Release Application Not A Second Application: Allahabad High Court
The Allahabad High Court has held that filing an amendment application or substitution application in a pending application for release of property from tenant under Section 21 of the Uttar Pradesh Urban Buildings (Regulation Of Letting, Rent And Eviction) Act, 1972 cannot be treated as a second application.The Court held that in absence of any decision on the merits of first release...
'Unfortunate; Should Be Dealt With Iron Hand': Allahabad HC Concerned Over 'Mushrooming' Of Fake Job Agencies To Exploit Unemployed Youth
The Allahabad High Court recently expressed profound concern over the alarming proliferation of fraudulent manpower consultant agencies and fake recruitment firms across the country. Describing the mushrooming of such fake agencies as "unfortunate", a bench of Justice Manju Rani Chauhan observed that the youth, without knowing the hidden agenda of such fake rackets, are falling prey...
'Human/Child Sacrifice Shocks Conscience Of Civilized Society': Allahabad HC Upholds Life Term For Man Who Killed 1-Yr Old Boy
The Allahabad High Court, while upholding the conviction of a man who killed a 1-year-old child, recently observed that human/child sacrifice shocks the conscience of civilized society and the same is required to be condemned by one and all. With these observations, a bench of Justice Rajiv Gupta and Justice Mohd. Azhar Husain Idrisi also upheld the life sentence imposed on...
'Begar' Prohibited Under Article 23: Allahabad HC Directs Payment Of Salaries To Multi-Purpose Health Workers For Period Of Work
While granting relief to Multi-Purpose Health Workers (Male), the Allahabad High Court has held the 'Begar' is prohibited under Article 23 of the Constitution of India.“Article 23 of the Constitution of India has wider implications and scope regrading begar i.e. by taking work but not paying for the same which is linked with right to livelihood covered under Article 21 of the Constitution...
'Second Wife' Can't Maintain Complaint Against 'Husband' U/S 498A IPC; 'Dowry Prohibition Act' May Get Attracted In Such Cases: Allahabad HC
The Allahabad High Court has held that a complaint under Section 498-A (for the offence of cruelty) of the IPC is not maintainable against a husband at the instance of a 'second wife', however, in such cases, the Dowry Prohibition Act, 1961 may get attracted if there is a demand of dowry. “…for the dowry, the performance of marriage is not necessary, and even a marriage contract...
Missing BHU Student Case: 'No Evidence Against SHO, 2 SI & 2 Constables; 3 Others To Be Chargesheeted U/s 166 IPC': UP Govt Tells High Court
The UP Government has informed the Allahabad High Court that it has found no sufficient evidence against the then Station House Officer BB Tiwari, Sub Inspectors Kunwar Singh and PM Tripathi, Head Constable Laxmikant Mishra and Constable Om Prakash Singh in the BHU Missing Student case. The Court was also informed that sufficient evidence had been found against Constables SK Singh and...
ED Should At Least Provide Substance Of Accusation To Summoned Person If Not A Copy Of ECIR: Allahabad High Court
The Allahabad High Court last week observed that in the normal course, a person summoned by the Enforcement Directorate (ED) is entitled to receive at least a summary of the accusations, if not the actual copy of the Enforcement Case Information Report (ECIR). This allows them to adequately prepare themselves or gather pertinent documents to respond to any inquiries during...
Allahabad HC Expresses Displeasure At High-Pitched Slogan Shouting By Advocates Creating Obstruction In Court Proceedings
The Allahabad High Court, on Tuesday, expressed its displeasure at the high pitched slogan shouting which took place in the corridors of the Court during Court hours. The Allahabad High Court Bar Association Elections are set to take place tomorrow and the candidates and their supporters campaigning in the corridors of the courtroom were shouting slogans at high volume, the...
Allahabad High Court Directs Inquiry Against Officers Who Failed To File Arbitration Appeals Within Prescribed Limitation
The Allahabad High Court has directed Principal Secretary/Additional Chief Secretary, Irrigation, Uttar Pradesh to conduct an inquiry against officers who were responsible for filing appeals under Section 37 of the Arbitration and Conciliation Act, 1996 which were filed after a delay of 513 days.While dismissing the appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996,...
Resignation Tendered By Govt Employee Can Be Withdrawn At Any Time Before Its Acceptance: Allahabad High Court
The Allahabad High Court has observed that a resignation tendered by a government servant can be withdrawn at any time before its acceptance. A bench of Justice Manjive Shukla observed thus while examining Rules 6 and 7 of the Uttar Pradesh Government Servants Resignation Rules, 2000, which deal with the matters of resignation from service by government servants. The Court was essentially...
Suit For Declaration Of Civil Death Not Barred By S. 34 Specific Relief Act Merely Because Further Relief Wasn't Claimed: Allahabad HC
The Allahabad High Court has ruled that a suit for mere declaration of civil death is maintainable and is not barred by Section 34 of the Specific Relief Act, 1963 merely because the plaintiff did not claim further relief.A bench of Justice Arun Kumar Singh Deshwal further noted that there is no bar under Section 34 of the 1963 Act for filing a suit for the declaration of a civil death of...