Well Known Fact In UP That Students Are Suffering Due To Non-Availability Of Principals, Assistant Teachers: Allahabad HC

In a scathing observation, the Allahabad High Court has said that it is a well-known fact throughout the State of Uttar Pradesh that students are suffering due to the non-availability of Principals and Assistant Teachers. A bench of Justice Prakash Padia made this observation while hearing a writ petition filed by a junior high school, which moved the HC aggrieved by the teaching...

Allahabad High Court Weekly Round-Up: January 27 To February 2, 2025

NOMINAL INDEX Saurabh Saxena v. Union Of India Thru. Secy. Ministry Skill 2025 LiveLaw (AB) 38 Nishant Bhardwaj v. Smt. Rishika Gautam 2025 LiveLaw (AB) 39 Devideen vs. State Of Up And 3 Others 2025 LiveLaw (AB) 40 Krishna Chandra Singh @ Munna Singh v. State Of U.P. Thru. Prin. Secy. Revenue Lko. And Others 2025 LiveLaw (AB) 41 M/S. Arya Rice Mill v. State Of U.P. And...

DV Act | Husband's Relatives Who Don't Even Live In Shared Household Are Implicated In Cases For Harassment: Allahabad HC

The Allahabad High Court recently observed that in many cases, to harass the husband's family or the person in a domestic relationship, the aggrieved party implicates relatives who have never lived with them in the shared household. A bench of Justice Arun Kumar Deshwal added that while issuing notice under Section 12 of the Domestic Violence Act, the courts must look into whether...

Allahabad High Court Quashes GO To The Extent It Denied Gratuity To Teachers Continuing Beyond Superannuation

The Allahabad High Court recently quashed a Government Order to the extent it denied gratuity to teachers who opted to continue beyond their age of retirement, citing primacy of statute over executive fiat.Petition was filed challenging Clause 4(1) of G.O. dated 22.06.2018 as well as communication of rejection of claim for gratuity to the petitioner. By said G.O., gratuity was denied...

Continued Detention With No Possibility Of Trial Concluding In Near Future 'Unjust': Allahabad HC Grants Bail To Murder-Accused In Jail Since 2017

While granting bail to a man accused of murder, the Allahabad High Court observed that it was regrettable that the applicant was kept in prison for more than 7 years without the trail ending anytime soon. It was held that such detention was unjust and unwarranted.Justice Krishan Pahal held,“Keeping the applicant in custody under these circumstances, when there is no realistic possibility of...

Landlord's Need To Settle His Son Independently In Business Constitutes Bonafide Use: Allahabad High Court

The Allahabad High Court has held that a son has every right to be in business independent of his father and the father's request for release of the rented shop so his son can start an independent business is a bona fide need, justifying the tenant's eviction.Justice Ajit Kumar held that “if the son has been doing business with his father, he has every right to get settled independently in...

"Prison Walls Cannot Obstruct Fruits Of Article 21": Allahabad HC Issues Directions For Welfare Of Children Living In Prison With Parents

While hearing a bail plea of an accused mother living with her minor son in prison, the Allahabad High Court has issued several directions to various state authorities regarding the protection and welfare of children who are living with parents lodged in prisons.Stressing their right to education and right to life under Article 21 of the Constitution of India, Justice Ajay Bhanot observed...

Trial Judges Shouldn't Be Like Tape Recorder While Recording Evidence, Must Ask Relevant Questions To Hostile Witnesses: Allahabad HC

The Allahabad High Court recently observed that the Presiding Officer sitting in the Trial Court while recording the evidence must not act like a spectator and tape recorder and must actively participate in the court proceedings. The court added that if any witness is declared hostile by the prosecution, the court itself must ask relevant questions to the witness, and if it...

Allahabad HC Stays Arrest Of Man Accused Of Fraudulently Obtaining Naturalization Certificate, Issues Notice To Home Ministry

The Allahabad High Court recently stayed the arrest of a man in connection to an FIR lodged against him on the allegations of procuring a naturalisation certificate under the Citizenship Act 1955 by fraud. Dealing with a writ petition filed by the petitioner [Meisheng Chiang (Chiang Mei Sheng)] seeking the relief of quashing of FIR, a bench of Justice Sangeeta Chandra and Justice...

Allahabad HC Refuses Relief To YouTuber Mridul Madhok Accused Of Body Shaming, Defaming Fitness Influencer Kopal Agarwal

The Allahabad High Court last week rejected a writ petition moved by YouTuber and Instagram influencer Mridul Madhok seeking quashing of an FIR lodged against him over allegations of body shaming, defaming and making false claims regarding fitness influencer Kopal Agarwal. Observing that a cognizable offence was found to have been committed by Madhok after perusing the impugned FIR,...

Rape Survivor's S. 164 CrPC Statement Before Magistrate Is On Higher Pedestal Than Statement Recorded By IO U/S 161 CrPC: Allahabad HC

The Allahabad High Court has observed that the statement made by a rape survivor under Section 164 CrPC before the Magistrate stands on a high pedestal, and a sanctity is attached to such statement recorded during the course of the investigation than that of her statement recorded under Section 161 CrPC by the Investigating Officer. A bench of Justice Ram Manohar Narayan Mishra made...

Allahabad High Court Allows Withdrawal Of PIL Against Appointment Of SP Gupta As State Information Commissioner

On Wednesday, the Allahabad High Court dismissed a Public Interest Litigation (PIL) plea as withdrawn, challenging Swatantra Prakash Gupta's appointment as the State Information Commissioner. The PIL plea, filed by the petitioner in person, Ashish Kumar Singh, challenged Gupta's appointment as the SIC, contending that it violates Section 15(6) of the Right to Information Act, 2005,...