Allahabad High Court Annual Digest 2024 [Part I]

Citations 2024 LiveLaw (All) 1 – 2024 LiveLaw (All) 390: UP Victim Compensation Scheme 2014 | Eligibility/ Quantum Of Compensation For Rape Victims To Be Decided By DLSA, Not Court: Allahabad HCCase Title: Ramesh Alias Mehandi Hasan vs. State Of U.P. And 3 Others [MATTERS UNDER ARTICLE 227 No. - 5804 of 2023]Case Citation: 2024 LiveLaw (AB) 1The Allahabad High Court has asked a rape...

Appointment Didn't Comply With Drivers Service Rules, Allahabad HC Denies Government Servant Status To Special Sugar Fund Employee

A division bench of the Allahabad High Court comprising of Chief Justice Arun Bhansali & Justice Jaspreet Singh held that an employee appointed under the Special Sugar Fund cannot be regarded as a government servant, as the appointment was not made in accordance with the Uttar Pradesh Sugar Department Drivers Service Rules, 1984. Background Facts The Special Sugar...

Appellate Court Must Refund Court Fees If Matter Is Remanded Back To Original Court: Allahabad High Court

Discussing Section 13 of the Court Fees Act, the Allahabad High Court has held that once an appeal is remanded back to the original Court for any reason, the Appellate Court ought to grant a certificate of authorization to the appellant to receive back the full court fees paid along with the memorandum of appeal.Justice Kshitij Shailendra held “Section 13 casts an obligation upon the...

Allahabad High Court Directs UP Police To Deploy Force To Protect 17th Century Agra 'Hammam'

On Thursday, the Allahabad High Court directed the Archaeological Survey of India (ASI) and the Commissioner of Police, Agra, to ensure that no damage iss caused to a 17th-century Hammam (public bath) in Agra. A bench of Justice Salil Kumar Rai and Justice Samit Gopal passed this order while dealing with the PIL plea filed by one Chandrapal Singh Rana seeking protection of...

Lucknow Courtroom Clash | Allahabad HC Grants Relief To Man, His Family Members Accused Of Assaulting Lawyers

On Thursday, the Allahabad High Court issued a stay on coercive action against a man and his three family members who are accused of assaulting lawyers inside Lucknow District Court Complex earlier this month. A bench of Justice Jaspreet Singh and Justice Rajeev Singh also directed that the Additional Commissioner of Police of the area concerned conduct the investigation into the...

ADJ Expected To Not Only Apply His Mind But Also Deal With Arguments Of Parties Before Returning Findings: Allahabad High Court

While dealing with a case under Article 227 of the Constitution, the Allahabad High Court has observed a judge of the rank of Additional District and Sessions Judge is expected not only to apply his judicial mind but also deal with the arguments of the parties before returning any findings.Holding that revision is to be treated as an appeal where remedy of appeal is not specifically...

Referring Member Of Consumer Forum To Only Give Opinion On Points Raised For Reference, Not Decide Matter Itself: Allahabad High Court

The Allahabad High Court has held that when a matter is placed for reference before a third member, it is the job of the referring member to just opine on the issues raised for reference. Justice Pankaj Bhatia held that in such a case, it was not up to the referring member to resolve the entire matter themselves.Referring to the Consumer Protection Act, the Court held that“In terms of...

Supreme Court Collegium Recommends Appointment Of Advocate Praveen K. Giri As A Judge Of Allahabad HC

The Supreme Court Collegium, in its meeting held on 22nd December 2024, approved the proposal for the appointment of Praveen Kumar Giri, Advocate, as a Judge of the High Court of Judicature at Allahabad. Presently, the Allahabad High Court has a sanctioned strength of 160 and is functioning with 81 judges with a vacancy of 79 Judges.Click Here to Read/Download the Collegium's...

Prima Facie State Human Rights Commission Has No Jurisdiction To Deal With Child Custody Issues: Allahabad HC

In a prima facie view, the Allahabad High Court has observed that the jurisdiction of the State Human Rights Commission doesn't extend to dealing with child custody matters. A bench of Justice Rajan Roy and Justice Brij Raj Singh took exception to and ultimately stayed the Commission's orders, which included directions to present the children before the commision for recording of...

Remedies Available Under U.P. Z.A.L.R. Act Shall Continue To Be Available If Original Suit Was Filed Prior To Enforcement Of U.P. Revenue Code, 2006: Allahabad High Court

The Allahabad High Court has held that remedies under the U.P. Zamindari Abolition & Land Reforms Act, 1950 shall continue to be available to an applicant wishing to file a revision against a decree in a suit filed prior to the enforcement of the U.P. Revenue Code, 2006.“Any repealing law which repeals an earlier law shall not affect the remedies available to a party which were available...

Allahabad HC Appoints Rtd. CJ Govind Mathur To Lead Commission To Probe PCS-J Exam 2022 'Irregularities'

While hearing several pleas concerning the allegations of serious irregularities in the UP-PCSJ (Mains) 2022 examination, the Allahabad High Court has appointed former Chief Justice Govind Mathur to lead an independent commission to probe into the matter. A bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh has urged the commission to file a report by May 31st, 2025,...

Compassionate Appointment Cannot Be Given By Management Of Institute Where Deceased Was Employed, Must Be Placed Before DIOS: Allahabad HC

The Allahabad High Court has held that an application for compassionate employment cannot be decided by the management of the institution where the deceased government employee worked. It was held that such application must be placed before District Inspector of Schools for decision. Justice J.J. Munir referred to Regulations of the Uttar Pradesh High Schools and Intermediate Colleges (Payment...