Allahabad High Court
Preliminary Issue Can't Be Raised 18 Years After Framing Of Issues In Suit: Allahabad High Court
The Allahabad High Court has held that preliminary issue in a suit cannot be raised 18 years after framing of issues in a trial. Justice Manish Kumar Nigam held,“Plea regarding maintainability of suit is required to be raised at the first instance in the pleading (written statement), then only such plea can be adjudicated by the trial court on its merit as preliminary issue under Order XIV...
Bypassing Regular Appointments Through Long-Term Outsourcing Is Unfair: Allahabad High Court Says State Must Not Be Exploitative
The Allahabad High Court last week strongly deprecated the practice of public employers bypassing regular recruitment by continuously engaging staff through outsourcing agencies. Observing that such a system provides wide "room for exploitation and unfairness", a bench of Justice Vikram D Chauhan directed the Bareilly Nagar Nigam to consider regularising a Computer Operator who has been...
UP Revenue Code | SDM's Duty To Protect Allottee's Possession Continues Beyond Initial Allotment: Allahabad High Court
The Allahabad High Court has held that under Section 65 of the U.P. Revenue Code, 2006, the Sub-Divisional Officer/ Sub-Divisional Magistrate is required to protect the possession of the allottee as long as the title of the property vests in the State. It held that the job of the SDO does not end at after allotment of initial possession but continues till the State has title over the...
Ex-Parte Divorce Decree Can't Be Set Aside After Spouse's Death: Allahabad High Court
The Allahabad High Court has held that an ex-parte divorce decree cannot be set aside after spouse's death. The bench of Justice Arindam Sinha and Justice Satya Veer Singh relied on Smt. Yallawwa vs. Smt. Shantavva (1997) where the Supreme Court gave directions regarding maintainability of the application for setting aside the ex-parte decree in the matrimonial case against a deceased...
Allahabad High Court Cancels Bail Over Allegations That POCSO Accused's Repeated Molestation Post Release Led To Minor's Suicide
The Allahabad High Court recently cancelled the bail of a POCSO Accused who allegedly started harassing and threatening the minor victim after his release on bail, due to which she died by suicide.Noting that prima facie the allegations under Section 108 BNS have been substantiated during the investigation, a bench of Justice Brij Raj Singh cancelled the bail of the accused,...
Allahabad High Court Orders Safe Custody Of Disputed Jain Idol In Prayagraj Central Museum
The Allahabad High Court has recently directed that an idol discovered in Etah, which belongs to Jains to be kept in the Central Museum, Prayagraj and an expert committee be constituted which can determine the character and nature of the idol with reference to the Jain Community.In a dispute between Digambar and Shwetambar sects of the Jain community regarding claims over the idol, the bench...
UP Protection Of Trees Act | Opportunity Of Hearing Mandatory Before Rejecting Permission To Cut Trees: Allahabad High Court
The Allahabad High Court has held that under Section 5 of the Uttar Pradesh Protection of Trees Act, 1976, opportunity of hearing is mandatory if the competent authority seeks to reject the application for cutting/ removing or disposing of fallen trees. Perusing Section 5 of the Act which provides the procedure to fell and remove trees, the bench of Justice Atul Sreedharan and Justice...
No Indefeasible Right To Force State To Conclude Exam Process When Papers Leaked May Have Benefited Candidates: Allahabad High Court
In a case of leaked paper and cancelled examination, the Allahabad High Court has held that there is no indefeasible right to force the State to conclude the examination process when papers leaked may have benefited the candidates. While dealing with cancellation of written examinations conducted by U.P. Education Service Selection Commission in which paper was leaked, Justice Saurabh...
Courts Can Extend Time For Disciplinary Proceedings Suo Motu To Ensure Misconduct Doesn't Go Unpunished: Allahabad High Court
The Allahabad High Court has recently held that the Court has suo moto powers to extend the time limit for disciplinary proceedings fixed by an earlier Court to ensure that serious misconduct does not go unpunished. Referring to the decision of the Full Bench of the Allahabad High Court in Abhishek Prabhakar Awasthi v. New India Assurance Company Limited and Others which was affirmed by the...
Punishment U/S 20 RTI Act Can Be Imposed Only When Deliberate Obstruction/ Delay In Providing Information: Allahabad High Court
The Allahabad High Court has held that punishment under Section 20 of the Right to Information Act, 2005 can only be imposed if there is deliberate obstruction or delay in supplying information sought under the RTI Act. It cannot be imposed based on rushed or prejudged decisions which compromise statutory safeguards or rule of law. Referring to Section 20 of the Right to Information Act,...
No Parole For 'Arranging' Children's Marriage Or If Other Criminal Cases Pending: Allahabad High Court Denies Relief To Ex-MLA
The Allahabad High Court has held that a convicted prisoner can't be granted parole merely to arrange or fix the marriage of their children under the Uttar Pradesh (Suspension of Sentence of Prisoners) Rules, 2007. While denying relief to Ex-MLA Angad Yadav, a bench of Justice Rajesh Singh Chauhan and Justice Rajeev Bharti also noted that, as per Rule 1(4)(c) of the 2007 Rules, a prisoner...
Registrar, Sub-Registrar Not 'Court', Section 5 Limitation Act Not Applicable In Proceeding Under Registration Act: Allahabad High Court
The Allahabad High Court has held that the registrar and Sub-Registrar under the Registration Act are not Court and therefore, Section 5 of the Limitation Act will not be applicable to proceedings under the Registration Act. Justice Irshad Ali held“..the office of Registrar, Additional Registrar or the Sub Registrar may not be treated as a Court. Accordingly the provision contained in Section...