Allahabad High Court
Allahabad HC Comes To Aid Of Visually Impaired Candidate Who Couldn't Fill AIBE Form Due To Error In LLB Results
The Allahabad High Court last week came to the aid of a visually impaired candidate who could not apply for the All-India Bar Examination (AIBE)-XIX in time, admittedly due to an error in his 5th-semester examination result caused by his University. Though the University rectified the error and declared the candidate passed, the petitioner, due to the said error, could not submit...
Mere Appointment In Central Govt Services Doesn't Entitle Employment In State Services: Allahabad High Court
The Allahabad High Court has held that merely because an employee in a part of the Central Government services will not entitle him to appointment in Provincial Services. It was held the State Government cannot mechanically appoint him despite having criminal case pending against such employee.While dealing with a case where the Petitioner was booked under the Dowry Prohibition Act, 1961,...
'Widowed Daughter Falls Within Definition Of Dependent Family', Allahabad HC Directs Compassionate Appointment
A Division Bench of the Allahabad High Court comprising Justices Rajan Roy, and Om Prakash Shukla granted relief to a widowed daughter seeking appointment to the post her deceased father based on compassionate grounds. The Court held that even after marriage or widowhood, a woman would continue to be a daughter. Moreover, if she was widowed before the death of her father, she would for all...
Appointment To Government Post Cannot Be Denied Due To Mere Implication In Dowry Case: Allahabad High Court
While considering a case of an appointment to a government post, the Allahabad High Court has held that merely being implicated in a criminal case does not de facto form a basis for rejecting the candidate.In the case where the person seeking appointment was the brother of the main accused and had been implicated in case for dowry, Justice J.J. Munir observed that“Given the social...
Provisions Of CPC Applicable In Proceedings Before Family Court: Allahabad High Court Reiterates
While examining a divorce case, the Allahabad High Court has held that in light of Section 10 of the Family Courts Act, provisions of the Civil Procedure Code are applicable before the Family Court and therefore, a writ petition seeking Writ of Prohibition could not be entertained by the High Court in presence of remedy of appeal.“It would be pertinent to observe here that provisions encoded...
Allahabad HC Grants 10 Days To AMU Counsel To Seek Instructions On PIL Seeking Students' Union Elections At University
The Allahabad High Court on Monday granted 10 days to the counsel of the Aligarh Muslim University (AMU) to seek instructions from the university regarding a Public Interest Litigation (PIL) plea filed by an AMU student seeking holding of students' union elections at the university. The PIL Plea, moved by an LLM student (Kaif Hasan), submits that AMU's failure to hold elections since...
Allahabad HC Grants Interim Bail To Rape Accused To Marry 'Victim' From Different Religion Under Special Marriage Act
The Allahabad High Court last week granted a 4-month interim bail to a Hindu man booked under the POCSO Act to marry a Muslim girl (alleged victim) and get the same registered after getting her custody. The Court passed this order after considering the prosecutrix's statement, in which she asserted that she is an adult, has married the accused in a temple, and is willing to live...
Bidder Can't Question Obstructions To Property Post-Auction, When Opportunity For Inspection Was Availed Prior To Bid: Allahabad HC
In a case concerning delay in payment pursuant to auction of a property, the Allahabad High Court said that where a bidder had the opportunity to inspect a property prior to bidding on it and the auction was to proceed on an 'as is where is and whatever there is basis', then they cannot question the results on discovering obstructions to the property post such bid.In doing so the court said...
Agreement To Sell Immovable Property Situated In UP Must Be Registered To Create Right, Title Or Interest: Allahabad HC
The Allahabad High Court has clarified that in the State of UP, an agreement to sell immovable property (situated within the state) would also require compulsory registration to create any right, title, or interest in it. The Court arrived at this conclusion through a combined reading of the state amendments made to Sections 17 (Documents of which registration is compulsory)...
Overbearing Officials Can't Harass Deceased Employee's Family: Allahabad HC Orders Interest On 14-Yr Delay In Payment Of Retiral Dues
The Allahabad High Court last week directed state authorities to pay interest (fixed at 8 per cent) on the 14-year delayed disbursement of retiral dues to the wife of a state government employee, who died in harness in the year 2005. Noting that the state authorities had adopted a callous attitude to the plight of the petitioner-wife, a bench of Justice Ajay Bhanot underscored...
Allahabad HC Decines Plea Claiming Road Tax Exemption Should Be Allowed For Registration And Not Purchase Of Electric Vehicles In UP
The Allahabad High Court has dismissed a writ petition claiming exemption from payment of road tax on an electric vehicle purchased from Jammu. The Petitioner had claimed that since road tax is levied for operating the vehicle within the State, no distinction can be made on the basis that the vehicle in question has been purchased within the State or from outside. It had...
Mohammed Zubair Moves Allahabad HC Against UP Police FIR Over His 'X' Post On Yati Narsinghanand's Alleged Speech
Alt News co-founder Mohammed Zubair has moved the Allahabad High Court challenging an FIR lodged by the Ghaziabad Police last month accusing him of promoting enmity among religious groups, among other charges, following a complaint by an associate of controversial priest Yati Narsinghanand.The complaint lodged by Udita Tyagi, general secretary of the Yati Narsinghanand Saraswati Trust,...