Allahabad High Court
Govt Teachers Can Be Deployed As BLOs For Election-Related Duties, Including SIR Work: Allahabad High Court
HC says BLO duties fall within the RTE Act's exception permitting teachers to be deployed for election-related work.
Sanction For Prosecution Under Prevention Of Corruption Act Is Governed By Law On Date Of Offence, Not Date Of Cognizance: Allahabad High Court
The Allahabad High Court has held that the requirement of sanction under Section 19 of the Prevention of Corruption Act, 1988 is governed by the law in force when the offence was committed and the FIR lodged, and not by the law in force when the trial court takes cognizance. It held that an officer who had retired long before the FIR was not a public servant on that date and could be...
NOIDA Is 'State' Under Article 12 But Not 'Govt' Under Section 80 CPC, No Prior Notice Needed Before Suing It: Allahabad High Court
The Allahabad High Court has held that NOIDA, though a State within the meaning of Article 12 of the Constitution of India, is not a State Government or a Central Government, and the two months' notice mandated by Section 80(1) CPC is therefore not required before a suit is instituted against it.Justice Rohit Ranjan Agarwal held,“it is clear that though NOIDA would come within the meaning...
Allahabad High Court Finds IO Subsequently Inserted Reasons For Arrest, Orders FIR Over Apparent Evidence Fabrication
The Allahabad High Court on Wednesday directed the Superintendent of Police, Farrukhabad, to register an FIR against an investigating officer (IO) after finding that additional particulars in the reasons for arrest column pertaining to an accused appeared to have been inserted subsequently.The Court also declared the arrest of the accused-petitioner unlawful and ordered his immediate...
Conversion Racket Case: Allahabad High Court Denies Post-Conviction Bail To Kaleem Siddiqui, Umar Gautam; Grants Relief To 8
Allahabad HC denies bail to Kaleem Siddiqui, Umar Gautam and 6 others, but grants post-conviction bail to 8 convicts.
Rahul Gandhi's Remarks On Sikhs Protected U/Article 19; Elected Leader Can Raise Minority Rights Concerns, Says Allahabad High Court
Stressing that Rahul Gandhi's September 2024 remarks on the Sikh community during his US visit are protected under Article 19 of the Constitution, the Allahabad High Court today observed that an elected representative is entitled to raise concerns relating to the rights of a section of society.The Court further observed that the speech did not tend to incite violence or disturb public order...
Woman, Lover Challenge Death Sentence In Allahabad High Court For Strangling Husband, Staging Death As Snakebite
A woman and her alleged lover, sentenced to death by a Meerut court last month for strangling her husband and placing a live snake beside his body to make the murder appear to be a snakebite death, have approached the Allahabad High Court challenging their conviction and sentence.Additional Sessions Judge Jaiveer Singh Nagar had awarded the death penalty to the 2 accused, holding that the...
Allahabad High Court Rejects Challenge To Varanasi Court's Refusal To Order FIR Against Rahul Gandhi Over Remarks On Sikhs
The Allahabad High Court today dismissed a plea challenging a Varanasi Court order rejecting an application seeking registration of an FIR against Lok Sabha Leader of Opposition Rahul Gandhi over his remarks concerning the Sikh community during his September 2024 US visit. A Bench of Justice Vikram D Chauhan dismissed the petition filed by Nageshwar Mishra and another under Section 528...
Highest Auction Bid Can't Be Cancelled Merely In Hope Of Fetching Better Price: Allahabad High Court
The Allahabad High Court has held that a public body which receives the highest bid in a validly conducted auction must abide by it, and cannot cancel it merely in the hope that a future auction will fetch more. It held that the Ghaziabad Development Authority's repeated cancellation and re-auction of one plot, with the reserve price never revised, was a colourable exercise of power.The bench...
Teachers Of UP Sports Colleges Society Not 'Public Servants', Can't Approach State Public Services Tribunal: Allahabad High Court
The Allahabad High Court has held that teachers in the sports colleges run by the U.P. Sports Colleges Society are not “public servants” under Section 2(b) of the Uttar Pradesh Public Services (Tribunals) Act, 1976, and that their claim petitions are not maintainable before the U.P. State Public Service Tribunal.Section 2(b) of the Act, 1976 covers a person in the service or pay of the...
Opposite Party Can't Compel Litigant To Pursue Challenge On Merits: Allahabad High Court
The Allahabad High Court has held that a party which has invoked its supervisory jurisdiction may discontinue that challenge when it no longer wishes to pursue it, and that withdrawal does not disturb the order under challenge or the rights the opposite party has acquired under it. It held that the opposite party's wish to have the controversy decided on merits is not, by itself, a ground...
Pendency Of Guardian And Wards Act Proceedings No Absolute Bar To Grant Of Child Custody By Writ Court: Allahabad High Court
The Allahabad High Court has held that the pendency of proceedings under the Guardian and Wards Act, 1890 is not an absolute bar to a habeas corpus petition seeking custody of a minor child. It held that each such case turns on the facts before the writ court, whose discretion under Article 226 of the Constitution of India plays a vital role.The bench of Chief Justice Arun Bhansali and...