Allahabad High Court
Prayagraj Waterlogging | Allahabad High Court Orders Deployment Of Pumps In Affected Areas, Gives 24-Hour Deadline To Clear Water
Hearing the suo moto PIL concerning the severe waterlogging crisis in Prayagraj due to incessant rain, the Allahabad High Court today directed the Municipal Corporation, Prayagraj, to ensure that sufficient water pumps are deployed on the ground so that all low-lying areas of the city facing waterlogging issues are cleared within the next 24 hours.A Bench of Justice Ajit Kumar and Justice Garima Prashad passed the directions today while hearing the suo motu proceedings concerning waterlogging...
Common Intention | S.34 IPC Attracted Where Co-Accused's Participation Has 'Functional Relationship' With Offence: Allahabad High Court
The Allahabad High Court has observed that to attract 'common intention' liability under Section 34 IPC, the participation of a co-accused must have a "functional relationship with the offense in question".The bench clarified that the mere fact that several persons participated in the same occurrence does not make each of them liable for every offence committed during it. A Bench of Justice Salil Kumar Rai and Justice Padam Narain Mishra made this observation while dismissing a criminal...
Only 29 Of 92 Posts Filled: Allahabad High Court Flags 'Disturbing' Vacancies In UP GST Appellate Tribunal
While flagging a “disturbing state of affairs” over substantial vacancies in the GST Appellate Tribunal in Uttar Pradesh, the Allahabad High Court has noted that only 29 of the 92 sanctioned posts have been filled, leaving 63 posts vacant.Justice Piyush Agrawal observed that mere issuance of circulars or advertisements cannot amount to compliance with the obligation to make the...
Allahabad High Court Acquits Husband Accused Of Setting Wife Ablaze, Rejects Dying Declaration Recorded In Presence Of Relatives
The Allahabad High Court on Wednesday acquitted a man convicted of culpable homicide in connection with the burning death of his wife, observing that the dying declaration was recorded in the presence of relatives/family members and therefore could not be safely relied upon. A Bench of Justice Siddhartha Varma and Justice Achal Sachdev allowed the criminal appeal filed by Jagan against the judgment of the Additional District & Sessions Judge, Fast Track Court No. 3, Moradabad, which had...
Prayagraj Waterlogging | High Court Directs Municipal Commissioner, DM To Ensure Rainwater Is Pumped Out From Low-Lying Areas
The Allahabad High Court on Wednesday directed the Municipal Commissioner and District Magistrate, Prayagraj, to ensure that rainwater accumulated in the city's low-lying areas is pumped out through Morri Gate, Daraganj, amid severe waterlogging following incessant rain. A Bench of Justice Ajit Kumar and Justice Garima Prashad passed the direction while hearing a suo motu petition...
'Lis Pendens Applies To Involuntary Alienations'; Court Auction Sale Also Subject To Outcome Of Pending Suit: Allahabad High Court
The Allahabad High Court has held that the principle of lis pendens applies even to a court auction sale, an involuntary alienation, and the auction purchaser takes the property subject to the outcome of a suit already pending over it. The Court clarified that notice of the prior claim or agreement is not the basis for applying the doctrine; it operates because of the pendency of the...
Calling By Caste Name Without Intent To Humiliate Doesn't Attract SC/ST Act: Allahabad High Court
The Allahabad High Court has held that the mere use of the word “Chamar”, without material showing that it was used with the intention or knowledge of insulting the victim on the ground of her caste, does not prima facie disclose the ingredients of Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and cannot sustain an...
Brothel Customer Can't Be Prosecuted Under Immoral Traffic Act: Allahabad High Court
The Allahabad High Court has held that a man who visits a brothel as a customer cannot be prosecuted under Sections 3, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956, as paying money for personal gratification is not procurement for the purpose of prostitution within the meaning of the Act. Justice Dr. Gautam Chowdhary held, “If a person visits a brothel as a customer,...
Long Service, Subsequent Recognition Can't Validate Invalid Appointment; No Right To Salary From Public Funds: Allahabad High Court
The Allahabad High Court has held that a teacher of an aided institution cannot claim salary from the State exchequer merely on the strength of long continuance in service or subsequent administrative recognition, where the competent University had declined approval to the appointment and had directed a fresh selection which was never held.The Court held that before a mandamus for payment...
Authorities Cannot Deny Salary Citing Absence Of Their Nominee From Selection Committee: Allahabad High Court
The Allahabad High Court has held that the failure of the District Basic Education Officer to send his nominee to a selection committee under the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group D Employees) Rules, 1984 does not vitiate the selection held in his absence. It held that salary cannot be withheld from...
Allahabad High Court Deprecates State's Failure To Pay Counsel's Fees, But Rejects ₹4.8 Crore Writ Claim As Not Maintainable
The Allahabad High Court has deprecated the State's failure to pay professional fees to counsel engaged to defend its cases, observing that such non-payment could constrain advocates to approach the courts. However, while dismissing an advocate's four writ petitions seeking recovery of about ₹4.8 crore as not maintainable, the Court held that disputed claims for professional fees arising from...