Allahabad High Court
'SC Order Directing Timely Delivery Of Judgements Is Applicable To Revenue Courts': Allahabad High Court
Recently, the Allahabad High Court has held that the directive of the Supreme Court in Anil Rai Vs. State of Bihar, prescribing a maximum 6-month period for the delivery of judgment by a bench, is applicable to the Revenue Courts.Justice Alok Mathur held, “We see no reason as to why the said pronouncement of the Supreme Court should not be extended even to the revenue courts to decide the...
[UP Revenue Code] Primacy Must Be Given To Family Settlement Acted Upon By Co-Tenure Holders In Partition Dispute: Allahabad HC
The Allahabad High Court has held that in a partition dispute under the U.P. Revenue Code. 2006, primacy must be given to family settlement which has been acted upon by the co-tenure holders.Justice Alok Mathur held, “Primacy has to be given to family settlement, which has been acted upon, and the co-tenure holders are in possession of their respective shares. In case there is no...
Allahabad High Court Refuses To Quash FIR Against Man Over Alleged FB Post Saying Babri Masjid Will Be Rebuilt
The Allahabad High Court on Tuesday refused to quash a criminal case against a man booked over his alleged Facebook post on Babri Masjid, which said that "Babri Masjid will one day be rebuilt, just like Turkey's Sophia Mosque". However, a bench of Justice Ajay Bhanot expedited the trial of the case against the accused (Mohd Faiyyaz Mansuri). For context, an FIR was filed on August...
SRM University Demolition Row | Allahabad High Court Bars Coercive Action Till District Magistrate Decides Interim Relief Plea
The Allahabad High Court (Lucknow Bench) on Wednesday stayed the coercive action, including the ongoing demolition action, against the Shri Ramswaroop Memorial University, Barabanki, in pursuance of an eviction and penalty order passed against it under Section 67 of the UP Revenue Code, 2006. A bench of Justice Alok Mathur passed this order on a writ plea filed by the...
Allahabad High Court Grants Interim Relief To SRM University, Its Officials In FIR Alleging Law Courses Run Sans Approval
The Allahabad High Court on September 10 granted interim protection from coercive action to Shri Ramswaroop Memorial University, Barabanki and its officials, including the Registrar, in connection with an FIR alleging that the University had admitted students and conducted examinations in law courses without valid approval. A bench of Justice Rajesh Singh Chauhan and Justice Syed...
Water Act | Pollution Control Board Has Authority To Impose Environmental Compensation: Allahabad High Court Reiterates
The Allahabad High Court has reiterated that Pollution Control Board has the authority and jurisdiction to impose environmental compensation, in this case under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974.The bench of Justice Rajan Roy and Justice Manjive Shukla relied on Indian Council for Enviro Legal Action etc. vs. Union of India and others etc. where the...
Even If Workman's Written Statement Is Not Rebutted, Labour Court Must Consider Evidence Before Passing Award: Allahabad High Court
The Allahabad High Court has held that even if no rebuttal has been filed to the workman's written statement, the Labour Court must look at the evidence and apply its judicial mind while passing the order. It held that merely because of Rule 12 (9) of the U.P. Industrial Disputes Rules, 1957, the evidence cannot be ignored, and the award cannot be passed solely based on the averments made by...
Allahabad High Court Denies Bail To Man Accused Of Insulting National Flag On FB By Making A Dog Sit Upon It
The Allahabad High Court has rejected the bail plea of a man accused of uploading an image insulting the Indian National Flag by making a dog sit upon it, along with posting allegedly 'pro-Pakistan' content on his Facebook account. A bench of Justice Sanjay Kumar Singh observed that such posts were 'provocative', 'objectionable' and 'capable of inciting communal disharmony', and...
State Can Clarify 'Equivalence Of Qualification' For Recruitment Even After Commencement Of Selection Process: Allahabad High Court
The Allahabad High Court has held that the State Government is competent to clarify its position regarding 'equivalence of qualification' for recruitment to a post, even after commencement of selection process.While dealing with the issue of status of the qualification of Post Graduate Diploma in Computer Application ('PGDCA') issued by Ewing Christian College, Allahabad which is an...
Students' Education Affected: Allahabad High Court Flags Poor Telecom Network In Indo-Nepal Border Areas; Seeks Corrective Measures
The Allahabad High Court (Lucknow Bench) on Monday raised serious concern over the absence of proper telecom facilities in Bahraich's Chakujot village and adjoining Indo-Nepal border areas. The court observed that poor connectivity is affecting students' education and forcing them to rely on Nepalese mobile networks, which also poses a security threat. Thus, a bench of Justice...
Allahabad High Court Seeks Stand Of UOI & UP Govt On Holding Of Caste-Based Rallies By Political Parties
The Allahabad High Court (Lucknow Bench) last week directed the Union of India and the Uttar Pradesh government to file their response to a 2013 Public Interest Litigation (PIL) plea, specifically indicating their stand regarding the holding of caste-based rallies by political parties. A bench of Justice Rajan Roy and Justice Manjive Shukla passed this order on a PIL plea filed...
Can't Order DNA Test Of Rape Survivor And Child Routinely, Has Serious Social Consequences: Allahabad High Court
The Allahabad High Court has held that DNA test of a rape survivor and her child cannot be ordered in a routine manner as it has serious social consequences.While dealing with challenge to rejection of DNA test of the prosecutrix and her child, Justice Rajeev Misra held,“in an offence under Section 376 IPC, the paternity of the child is not required to be looked into...the DNA test of...