Allahabad High Court
'Harassment Of Innocents A Great Sin': Allahabad HC Cites Rigveda, Bible & Quran, Slams Govt Officials For Preparing Defective Gang Charts
In a significant order, the Allahabad High Court today invoked the Rigveda, the Bible, and the Quran to emphasise the prohibition of harassment and oppression of innocent individuals, underscoring that such actions are a great sin. This statement came as the Court sharply criticised the Uttar Pradesh Government officials for invoking the Gangsters Act in several cases without following due procedure.#JustIN | 'Harassment of innocent persons is a great sin': Allahabad High Court cites...
'Can't Question Govt's Political Wisdom': Allahabad HC On PIL Challenging Centre's 'Samvidhaan Hatya Diwas' Notification
The Allahabad High Court on Thursday disposed of former Indian Police Service (IPS) officer Amitabh Thakur's Public Interest Litigation (PIL) petition challenging the Central government's recent notification declaring June 25, the day Emergency was imposed in the country in 1975, as 'Samvidhaan Hatya Diwas'.A bench of Justice Sangeeta Chandra and Justice Shree Prakash Singh said that the Court cannot delve into political matters or question the government's political wisdom in issuing the...
PIL Against Wine Shop Operation Near Temple During 'Shravan': Allahabad HC Seeks District Excise Officer's Reply
The Allahabad High Court has sought a response from the District Excise Officer, Ayodhya, on a Public Interest Litigation (PIL) plea against the operation of a wine shop near a temple (Shravan Shram Mandir Khiharan in Milkipur, Ayodhya) during the holy month of Shravan. The PIL, filed by Swami Krishnacharya Alias Kali Prasad Mishra through advocates Harendra Singh and Satish Kumar Sharma, argues that running a wine shop right next to the premises of the temple would cause undue...
Courts Can Examine Blacklisting Order In Writ Jurisdiction To Ensure Proportionality, Adherence To Natural Justice: Allahabad High Court
The Allahabad High Court has held that the Courts while exercising writ jurisdiction have the power to examine blacklisting order to ensure that principles of natural justice and doctrine of proportionality are followed.The bench comprising Justice Shekhar B. Saraf and Justice Manjive Shukla held State instrumentalities though vested with the power of blacklisting must conform to fairness and reasonableness.The Court held that “that any governmental or public authority's decision to blacklist a...
PCS-J 2022 | Allahabad High Court Seeks UPPSC's Reply On Candidate's Plea Alleging Marking Discrepancies In Mains Exam
The Allahabad High Court has directed the Uttar Pradesh Public Service Commission (UPPSC) to respond to a candidate's allegations of discrepancies in marking her answers in the U.P. Judicial Service Civil Judge (Junior Division) Mains Examination 2022. The petitioner (Sucheta Rai) claims that fewer marks were awarded to her against her answers in the written examination (General Knowledge and Law Paper-III exams). If one or more marks had been awarded to her, she would have been...
S.3H National Highways Act Requiring Deposit Of Compensation Prior To Taking Possession Meant To Safeguard Land Owners: Allahabad High Court
The Allahabad High Court has held that Section 3-H(1) of the National Highways Act, 1956 requiring compensation to be deposited with the competent authority before taking possession of acquired land is meant for safeguarding the land owners. It was held that the provision is not for the Government to delay payment of compensation and to pay the amount only when possession is taken.Section 3-H(1) provides that for the declaration of acquisition made under Section 3-D of the Act, the Central...
Passport Authority Not Bound To Impound Passports On Pendency Of Criminal Cases, S.10(3)(e) Uses 'May': Allahabad High Court
The Allahabad High Court has held that under Section 10(3)(e) of the Passports Act, 1967, it is not mandatory for the passport authority to impound passport of a person against whom criminal case(s) are pending. It has been held that the word “may” in Section 10(3) gives discretion to the passport authority to consider the case on its merits and record its satisfaction in writing if passport needs to be impounded.Section 10 of the Passports Act, 1967 provides for situations in which passport...
In Absence Of Appellant Or His Lawyer , Appeal Should Be Dismissed In Default Not An Order On Merit : Allahabad High Court
The Allahabad High Court has held that the term “ex-parte” in Rule 63(4) of the Uttar Pradesh Value Added Tax Rules, 2008 can be interpreted as for want of representation of the defendant after service of notice, the case may be decided on merits. However, when the appellant or his counsel is not present, the case may only be dismissed in default. The Court held that in...
[U.P. Intermediate Education Act, 1921] Allahabad HC Upholds Maintainability Of Service Writ Against Termination Order By Unaided Institution
Recently, the Allahabad High Court upheld the maintainability of the writ petition under Article 226 of the Constitution of India against termination order passed by an unaided institution which is recognized under Section 7-A of the U.P. Intermediate Education Act, 1921.Distinguishing the judgment of Supreme Court in St. Mary's Education Society and another vs. Rajendra Prasad Bhargava...
No Provision To Notify Changed Criteria Beforehand: HC Sets Aside 50K Cost On Allahabad University For Altering Admission Criteria After Closing Registration
The Allahabad High Court has set aside a Single Judge order by which compensation of Rs. 50,000/- was granted to respondent-petitioner for non-admission to M.A. in Women Studies since the admission criteria were changed subsequent to the closure of registration forms.The bench comprising of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that the new criteria suggested by...
Property Where Accused Resides But Does Not Own, Including Rented Premises, Can't Be Attached U/S 83 CrPC: Allahabad HC
The Allahabad High Court recently clarified that under Section 83 of the CrPC CrPC, only property directly belonging to an accused or owned by him can be attached. The court emphasized that properties where the accused resides but does not own, such as rented residences, are excluded from such attachments. With this observation, a bench of Justice Abdul Moin set aside an order...
Unrebutted Evidence Of Minor Daughter Substantiating Allegations Of Cruelty Meted Out To Mother Sufficient To Grant Divorce: Allahabad HC
The Allahabad High Court has held that unrebutted evidence of minor daughter substantiating allegations of cruelty made by the mother sufficient ground for divorce under Section 13 of the Hindu Marriage Act.Parties got married in 1999 and had two children in 2000 and 2003, respectively. Before the Family Court, it was established that the parties cohabited till 2011. While living in South...