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 Allahabad High Court

Allahabad High Court Imposes ₹1 Lakh Costs On State For Failing To Inform Court That 1994 Interim Order Was Not Complied With

The Allahabad High Court last week imposed costs of Rs. 1,00,000 on the State for the unexplained delay of more than 3 decades in filing its counter affidavit and for failing to bring to the Court's notice the non-compliance with an interim order, while dismissing the writ petition on merits. Justice Garima Prashad observed: "The State cannot avoid responsibility for this lapse merely...

Motor Accident | Insurer Must Prove Tanker Was Carrying Hazardous Goods Before Alleging Want Of Licence Endorsement: Allahabad High Court

The Allahabad High Court has held that an insurer cannot avoid liability under a motor accident award by pointing to the absence of an endorsement on the driver's licence authorising carriage of hazardous goods, unless it also establishes that the substance actually being carried was one of the goods listed as hazardous under the Central Motor Vehicles Rules, 1989.Rule 9(3) of the Central...

OMR Sheet Error: Allahabad High Court Refuses Manual Evaluation, Says Exam Instructions Must Be Strictly Followed

The Allahabad High Court has held that a candidate who fills the 'Question Book Number' column of an OMR sheet in breach of the instructions cannot seek indulgence in the form of manual evaluation of the sheet. It held that the instructions issued to candidates are mandatory and that OMR sheets cannot be permitted to be evaluated physically.Justice Siddharth Nandan held,“The Court is...

PDS Godown | 20% Rent Hike Ceiling Cant Be Applied Indirectly Where Government Order Held Inapplicable: Allahabad High Court

The Allahabad High Court has held that an authority which itself holds a government order inapplicable to a party cannot then fix rent on the strength of justification certificates founded on the very clause of that order. It held that what cannot be done directly cannot be permitted to be done indirectly.Clause 14 of the Government Order dated 02.05.2018 caps enhancement of rent at 20% of...

S. 125 CrPC | Both Parents Must Contribute To Childs Maintenance As Per Means; Earning Mother Cant Disclaim Duty: Allahabad High Court

The Allahabad High Court has held that the responsibility for maintaining a minor child cannot be fastened exclusively on either parent, observing that both parents are ordinarily required to contribute towards the child's maintenance according to their respective means and financial capacity.The Court further held that an earning mother cannot altogether disclaim her responsibility to...

UP Tenancy Act | Sixty-Day Timeline To Decide Rent Case Is Directory, Not Mandatory: Allahabad High Court

The Allahabad High Court has held that the sixty-day timeline for disposal of cases by the Rent Authority and the Rent Tribunal under Section 33(2) of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 is directory and not mandatory in nature.Section 33(2) of the Act requires the Rent Authority or the Rent Tribunal to endeavour to dispose of a case as expeditiously as possible...

Ad Hoc Appointee Cannot Be Directly Confirmed In Service Without Going Through Statutory Regularization: Allahabad High Court

The Allahabad High Court has held that an employee appointed on an ad hoc basis cannot be directly confirmed in service. It held that a confirmation order which is not traceable to any recruitment, service or regularization rules is void ab initio and confers no legally enforceable right.The Court held that an ad hoc appointment made outside the prescribed recruitment rules is only a...