Allahabad High Court Weekly Round-Up: January 06 To January 12, 2025

Update: 2025-01-13 16:03 GMT
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NOMINAL INDEX Salman vs. State of U.P 2025 LiveLaw (AB) 2 Ashok Pandey vs. Chairman Of Rajya Sabha Thru. Secy. General And Another 2025 LiveLaw (AB) 3 Pramod Kumar v. State of U.P. and Others 2025 LiveLaw (AB) 4 Arvind vs. State Of U.P. And 3 Others 2025 LiveLaw (AB) 5 Manish Kumar Yadav vs. State of U.P 2025 LiveLaw (AB) 6 Ram Bali Ram v. State of U.P. and Another...

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NOMINAL INDEX

Salman vs. State of U.P 2025 LiveLaw (AB) 2

Ashok Pandey vs. Chairman Of Rajya Sabha Thru. Secy. General And Another 2025 LiveLaw (AB) 3

Pramod Kumar v. State of U.P. and Others 2025 LiveLaw (AB) 4

Arvind vs. State Of U.P. And 3 Others 2025 LiveLaw (AB) 5

Manish Kumar Yadav vs. State of U.P 2025 LiveLaw (AB) 6

Ram Bali Ram v. State of U.P. and Another 2025 LiveLaw (AB) 7

M/S Akriti Food Industry Llp v. State Of UP And 3 Others 2025 LiveLaw (AB) 8

ORDERS/JUDGMENTS OF THE WEEK

Allegations Offend Victim's Dignity: Allahabad High Court Denies Bail To Man Accused Of Forcing Wife Into Prostitution

Case title - Salman vs. State of U.P 2025 LiveLaw (AB) 2

Case citation: 2025 LiveLaw (AB) 2

The Allahabad High Court last week denied bail to a man who has been accused of forcing his wife into prostitution by compelling her to make physical relationships with his friends and other persons.

Noting that the allegations against the husband are rare and the prosecution's case was not a simple case of matrimonial dispute between husband and wife, a bench of Justice Sanjay Kumar Singh observed thus:

This Court is of the view that aforesaid allegation is serious blow to the Supreme honour of the victim and offends her self esteem and dignity. It degrades and humiliates the victim, it leaves behind a traumatic experience, a rapist not only cause physical injuries, but more indelibly leaves a blot on the most cherished possession of a women i.e. dignity, honour and reputation.”

Allahabad HC Dismisses PIL Against Motion To Impeach Justice Shekhar Yadav Over His VHP Event Speech

Case title - Ashok Pandey vs. Chairman Of Rajya Sabha Thru. Secy. General And Another

Citation: 2025 LiveLaw (AB) 3

The Allahabad High Court DISMISSED a Public Interest Litigation (PIL) plea filed against an impeachment motion submitted to the Rajya Sabha Secretary General by 55 MPs seeking the impeachment of Justice Shekhar Yadav over the speech delivered by him at Prayagraj on December 8 at an event organised by the Vishwa Hindu Parishad (Legal Cell).

A bench of Justice Attau Rahman Masoodi and Justice Subhash Vidyarthi dismissed the PIL plea filed by Advocate Ashok Pandey after it orally remarked that it was not satisfied with the maintainability of the PIL plea.

No Employee Should Be Retired With Pending Disciplinary Proceedings Unless Compelling Circumstances/Very Serious Charges: Allahabad High Court

Case Title: Pramod Kumar v. State of U.P. and Others 2025 LiveLaw (AB) 4 [WRIT - A NO. 16300 OF 2024]

Case citation : 2025 LiveLaw (AB) 4

While granting interest on delayed payment of post-retiral dues to a Nagar Palika employee, the Allahabad High Court observed that unless there are compelling reasons or serious charges, an employee should not be retired with disciplinary proceedings pending against him.

Imposing cost of Rs. 10,000 on the Executive Officer, Nagar Palika Parishad, Seohara, Bijnor for delaying the payment of retiral dues of the employee despite no conclusive charges against him, Justice J.J.Munir held

No employee should be allowed to retire, with disciplinary proceedings pending against him, unless these are commenced virtually on the eve of his retirement, for very compelling reasons, or the charges are so serious and facts so complicated that the process of inquiry would certainly extend beyond the employee's superannuation.”

Rape Survivor Faces Dual Crises, Crime Wounds Her Dignity & Trial Forces Her To Relive Traumatic Experience: Allahabad HC

Case title - Arvind vs. State Of U.P. And 3 Others 2025 LiveLaw (AB) 5

Case citation : 2025 LiveLaw (AB) 5

The Allahabad High Court has observed that a woman who is raped undergoes two crises- the commission of a crime, where her dignity is wounded and her sense of security is destroyed and the subsequent trial, where she is forced to relive the traumatic experience.

It is often stated that a woman who is raped undergoes two crises- the rape and the subsequent trial. While the first seriously wounds her dignity, curbs her individual, destroys her sense of security and may often ruin her physically, the second is no less potent of mischief inasmuch as it not only force her to relive through the traumatic experience, but also does so in the glare of publicity in a totally alien atmosphere, with the whole apparatus and paraphernalia of the criminal justice system focused upon her,” a bench of Justice Sanjay Kumar Singh observed in an order passed on Tuesday denying bail to a man accused of raping a minor girl.

Women Artists In Orchestras Often Face Sexual Harassment, Organizers Must Ensure A Safe Environment For Them: Allahabad HC

Case title - Manish Kumar Yadav vs. State of U.P 2025 LiveLaw (AB) 6

Case citation: 2025 LiveLaw (AB) 6

The Allahabad High Court emphasised the importance of ensuring a safe and respectful environment for women artists who are part of orchestras as dancers and singers, noting that they are often subject to sexual harassment and exploitation.

A bench of Justice Sanjay Kumar Singh noted that societal perceptions sometimes undermine their basic human rights, reducing these artists to objects of lust and that such attitudes towards them perpetuate gender-based violence and strip such women artists of their dignity.

Chargesheet Issued In 2009, No Inquiry For 15 Years: Allahabad High Court Terminates Disciplinary Proceedings

Case Title: Ram Bali Ram v. State of U.P. and Another 2025 LiveLaw (AB) 7 [WRIT - A No. - 14564 of 2024]

Case citation: 2025 LiveLaw (AB) 7

The Allahabad High Court terminated the disciplinary proceedings against petitioner-employee in which chargesheet had issued in 2009 and no action was taken since then.

Petitioner was a Gram Panchayat Adhikari. Though he was set to retire on 31.12.2009, he was suspended on 29.12.2009 due to a pending inquiry against him. He was served a chargesheet on 29.12.2009. After his retirement, the post retiral dues were withheld and there was no action regarding the disciplinary proceedings initiated against him.

[GST] Decision-Making Procedure Adopted By Authority De Hors Provisions Of Act/Rules, Is Liable To Be Rendered As Flawed: Allahabad High Court

Case Title: M/S Akriti Food Industry Llp v. State Of UP And 3 Others 2025 LiveLaw (AB) 8 [WRIT TAX No. - 2070 of 2024]

Case citation: 2025 LiveLaw (AB) 8

While directing that the order under Section 73 of the Goods and Service Tax Act, 2017 uploaded in the “Additional Notices and Tabs” on the GST portal be treated as the show cause notice, the Allahabad High Court observed that

If in a decision making procedure adopted by the authority is de hors the provisions of the act or rules framed thereunder, it is liable to be rendered as flawed one.”


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