Appointment Of Candidate Who Deliberately Enters Higher Marks In Form To Gain Undue Advantage Is Fundamentally Illegal: Allahabad High Court

The Allahabad High Court has held that appointment of a candidate who deliberately enters higher marks in application form for recruitment, to gain undue advantage in selection process is fundamentally illegal. It held that such candidate cannot seek the benefit of estoppel as the appointment is tainted from the beginning.Justice Manju Rani Chauhan held, “where a candidate deliberately enters marks higher than those actually secured, thereby placing himself/ herself in a position of unwarranted...

'Deceased Was Murdered By Someone Else': Allahabad High Court Acquits Murder Accused 38 Years After Life Imprisonment Sentence

Recently, the Allahabad High Court has acquitted 3 accused of murder and serving life imprisonment on grounds that the murder was a blind murder and was carried out by someone else. The Court held that there were major contradictions in ocular and medical evidence and the prosecution failed to prove its case beyond reasonable doubt.While acquitting the 3 accused, the bench of Justice J.J....

Including Dead Persons As Prosecution Witness Goes To Root Of Matter, Shows Non-Application Of Mind Rendering Probe Unreliable: Allahabad HC

The Allahabad High Court has held that investigation is rendered unreliable and legally unsustainable if dead persons are included as prosecution witnesses without any explanation.Justice Shekhar Kumar Yadav held “The inclusion of deceased persons as prosecution witnesses, without any explanation, goes to the root of the matter and reflects non-application of mind during investigation,...

Section 5 Of Limitation Act Does Not Apply To Filing Of Election Petitions Under Municipalities Act, 1916: Allahabad High Court

The Allahabad High Court has held that Section 5 of the Limitation Act does not apply to filing of election petitions under the Municipalities Act, 1916 as such election petitions are not suits.Justice Subhash Vidyarthi held“Although an election petition filed under Section 20 of the Municipalities Act is not a suit, it is an original proceeding which has to be decided in the manner...

Domestic Award Pertaining To International Commercial Arbitration Enforceable By HC U/S 36 Of Arbitration Act: Allahabad High Court

The Allahabad High Court has held that a domestic award pertaining to an international commercial arbitration is enforceable by High Court, which has the jurisdiction, under Section 36 of Arbitration and Conciliation Act, 1996.The bench of Justice Rajan Roy and Justice Rajeev Bharti held that“.. it is the High Court which is the 'Court' for filing an application under Section 36 of...

Sole Arbitrator Returning Finding Based On Presumption, Modifying Agreement Vitiates Award: Allahabad High Court

The Allahabad High Court has held that finding returned by a Sole Arbitrator based on presumption and which has the effect of modifying the agreement, vitiates the arbitral award.The bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh held “The Sole Arbitrator by returning a finding which is not based on any evidence and material on record and merely is based on presumption...

[MMDR Act] Formation Of District Mineral Foundation Is Beneficial Legislation, Must Be Construed Liberally: Allahabad High Court

The Allahabad High Court has held that formation of District Mineral Foundations vide Section 9-B of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) is a beneficial legislation and must be construed liberally for those who are affected negatively by mining operations.The bench of Justice Saral Srivastava and Justice Amitabh Kumar Rai held“The object behind creating...

“Very Sorry State Of Affairs”: Allahabad High Court Raises Concern Over State Not Engaging AG In 2016 Case Despite Court Orders

While hearing a 2016 plea challenging vires of a state tax amendment, the Allahabad High Court observed that the State had not request the Advocate General (AG) to appear in the matter for the past several appears and he was requested to appear only in November.Further the court noted that there was no Nodal Officer in the office of Chief Standing Counsel to coordinate with the office of AG,...

U.P. Intermediate Education Act | No Provision To Re-Evaluate Answer Sheets On Presumption Of Students Scoring Higher Marks: Allahabad HC

Recently, the Allahabad High Court has held that there is no provision under the U.P. Intermediate Education Act, 1921 for re-evaluation of answer sheets based on the students presumption that he/ she would get a higher score if re-evaluation is done.Petitioner appeared in Intermediate examinations. Being unsatisfied with the marks, she applied for scrutiny in Hindi and Biology papers....

Caveat Procedure In Board Of Revenue Faulty: Allahabad High Court Issues Broad Guidelines

The Allahabad High Court has issued broad guidelines for issuing notice on caveats in the Board of Revenue in the State of U.P.Noticing the hassles in cases where outstation counsels are involved, Justice J.J. Munir observed “We are of opinion that in order to avoid many a possible hassle, an outstation Counsel, appearing in the matter, may be required by the Board to have a counterpart of...

Interim Maintenance Too Must Be Granted From Date Of Application: Allahabad High Court; Decries Delays In Deciding Cases

Observing that it is a sad reality that applications for interim maintenance remain pending in courts for a long time, the Allahabad High Court recently remarked that permitting a woman to live in penury, while her application is decided, cannot be the intent of the law. The Court emphasized that pendency of the proceedings in Court, without any order in favor of the litigant, should...

Allahabad High Court Imposes ₹20 Lakh Cost On State For Illegal Demolition, Ex-Parte Mutation Of Revenue Records

Passing an order during vacations, the Allahabad High Court has imposed a cost of Rs. 20 lakhs on the State of U.P. for illegally demolishing structure on petitioner's property and passing an ex-parte order mutating the revenue records in respect of petitioner's property.While imposing the cost, Justice Alok Mathur observed “Mere setting aside of the impugned order will not be sufficient...