UP Cooperative Societies Act And Not Industrial Disputes Act Applies To Disputes Between Employer-Employee In Cooperative Society: Allahabad HC

The Allahabad High Court has held that any dispute between an employer and employees of a cooperative society are to be adjudicated under the U.P Cooperative Societies Act, 1965 and not the under the provisions of U.P. Industrial Disputes Act, 1947.Relying on the decision of the Supreme Court in Ghaziabad Zila Sahkari Bank Limited Vs. Additional Labour Commissioner and others and the...

'Court Not An Expert In Chemistry Or Environment': Allahabad HC Relegates Person Seeking Exemption Under Insecticide Act To Statutory Authority

The Allahabad High Court recently held that Court is not an expert body to decide whether Ethephon (an insecticide) falls within the exemption claimed by the petitioner under Section 38(1)(b) of the Insecticide Act, 1968. Though the Court noted that petitioner had failed to discharge its burden to prove that exemption was rightly claimed, it directed the petitioner to appear before the...

Person Acquires Vested Right To Post Upon Appointment; Orders Having Civil Consequences Must Satisfy Principles Of Natural Justice: Allahabad HC

The Allahabad High Court has recently held that once a person has been granted appointment, he acquires a vested right to continue on the said post and any order bearing civil consequences should be passed after affording him opportunity of hearing. Petitioner’s appointment on the post of Sub Inspector, Civil Police was cancelled on the ground of concealment of criminal proceedings against...

Allahabad High Court Orders Status Quo On Dayalbagh Radhasoami Satsang Sabha Land Dispute

The Allahabad High Court on Wednesday stayed the demolition drive being carried out by Agra's local authority on a land claimed by Radhasoami Satsang Sabha, a religious and charitable society headquartered in Dayalbagh. Justice Manish Kumar Nigam directed both the parties to maintain status quo till the next date of listing.The Society approached the High Court stating it received two...

Allahabad High Court Expunges Identity Of Rape Victim After Inadvertently Revealing It

The Allahabad High Court has directed its offices to ensure that the identity of a pregnant rape survivor, who approached it seeking medical termination of pregnancy, is concealed from all court records, including any and all communications and orders passed by the Court. A bench comprising Justices Salil Kumar Rai and Surendra Singh-I, while permitting the petitioner to undergo...

UP Scholarship Scam: Allahabad High Court Grants Anticipatory Bail To Hygia Educational Group's VP On Medical Grounds

On Wednesday, the Allahabad High Court granted anticipatory bail, on medical grounds, to the Vice President of the Hygia Educational Group, Syed Ishrat Hussain Jafri, who is an accused in the UP’s ₹500 crore post-matriculation scholarship scam. Keeping in view the fact that the medical condition of the applicant had been certified by a panel of expert doctors, the bench...

[Pharmacy Act] State Has No Power To Cancel NOC: Allahabad High Court Sets Aside Cancellation Of 301 NOCs Granted To Pharmacy Colleges

The Allahabad High Court has held that neither the State Government nor any Board constituted by it has the power to revoke/cancel No Objection Certificates issued to Pharmacy Colleges as the power specifically vests with the Pharmacy Council of India. The Pharmacy Act is a special enactment operating in the field of pharmacy. State cannot exercise power in that field based on any general...

Notice For Blacklisting Must Specify Consequence On Failure To Meet Grounds By Noticee: Allahabad High Court

The Allahabad High Court has held that show cause notice for blacklisting must include the grounds on which blacklisting is being proposed in a clear manner. The Court has held that any action proposed to be taken against the party on failure to meet the grounds, must be mentioned in the notice clearly and unambiguously. A bench comprising of Chief Justice Pritinker Diwaker and Justice...

PIL In Allahabad High Court Seeks Appointment Of Presiding Officers In 12 Labour Courts/ Industrial Tribunals In UP

A public interest litigation has been filed in the Allahabad High Court seeking appointments to the post of Presiding Officers in twelve Labour Court/ Industrial Tribunals in the State of Uttar Pradesh. In the PIL, it has been alleged that officials of the State and Union Government are not discharging their obligations under the U.P. Industrial Disputes Act, 1947 by keeping the said posts...

Allahabad HC Rejects Masjid Committee's Plea To Defer Hearing In ‘Gyanvapi Title Dispute’ Cases, Matters To Be Heard On October 4

The Allahabad High Court last week REJECTED an application filed by the Anjuman Intezamia Masjid Committee, which manages the Gyanvapi Mosque in Varanasi, to defer a hearing in the Gyanvapi-Kashi Kashi Vishwanath-Gyanvapi land title dispute cases, presently pending before the Chief Justice. The application, filed on September 18, prayed that the hearing in the cases be not conducted...

Vrindavan Banke Bihari Temple Revamp Plan: ‘Don’t Touch Temple’s Money, Leave Worship Rituals To Sevayats’: Allahabad HC To State

Dealing with a bunch of Public Interest Litigation (PIL) pleas filed with regard to the safety and security of pilgrims visiting Banke Bihari Temple in Vrindavan, the Allahabad High Court today asked the State Government to not interfere with the Worship rituals of the Temple and to not 'touch' the money of the temple management. A bench of Chief Justice Pritinker Diwaker and...

Allahabad High Court Weekly Round-Up: September 18 To September 24, 2023

NOMINAL INDEX Dr Virendra Singh v. State Of U.P. And 8 Others 2023 LiveLaw (AB) 333 The Commissioner, Commercial Tax v. M/S Ramway Foods Ltd 2023 LiveLaw (AB) 334 Shakeel Ahmed vs. State of U.P. and connected matters 2023 LiveLaw (AB) 335 Sushil Kumar And 2 Others vs. Legislative Council U.P. Lko. Thru. Prin. Secy. And 11 Others 2023 LiveLaw (AB) 336 Anita Devi And Another...