Every Arrest & Detention Doesn't Amount To Custodial Torture: Allahabad High Court

Underscoring that every arrest and detention does not amount to custodial torture, the Allahabad High Court has recently observed that when custodial torture allegations are not supported by any medical report or other corroborative evidence, the Court ought not to entertain such kind of proceeding. A bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar added...

Allahabad High Court Seeks Details Of UP Govt's Policy To Send Children Of Jail Inmates To Regular Schools

The Allahabad High Court has directed the State Government to submit a detailed affidavit concerning its policy for enrolling children of jail inmates (who live with their parents in prison) in regular schools across the state. A bench of Justice Ajay Bhanot passed this order while dealing with a bail plea filed by one Rekha. During the case hearing, the Court noted that...

Allahabad HC Stays UP Govt's Order Recalling Buddhist Religion Certificate Of MBBS Student, Leading To Her Admission Cancellation

The Allahabad High Court has stayed an order issued by the Uttar Pradesh Government's Minority Welfare Department recalling/cancelling a student's Buddhist religion certificate, which ultimately led to the cancellation of her MBBS admission to Subharti University, Meerut. The UP Government cancelled Petitioner Anjali's religion certificate in August this year, citing...

Teachers' Absenteeism In Primary Schools 'Bane' Of UP's Education System: Allahabad High Court

The Allahabad High Court recently observed that teacher absenteeism in primary schools is the bane of the state's educational system, and it must be curbed by taking appropriate measures in accordance with the law. The Court also sought an affidavit from the Principal Secretary of the State Department of Basic Education explaining the steps taken by the UP Government in the past in...

Complaint Case Pending For 7 Yrs: To Curb 'Tareekh Pe Tareekh' Culture, Allahabad HC Directs Magistrate To Pass Order In 1 Week

The Allahabad High Court recently directed a magistrate to pass an appropriate order under Sections 203 or 204 CrPC (as the case may be) in a complaint case pending before a Court in Ballia for the last 7 years. A bench of Justice Saurabh Shyam Shamshery observed that such a direction was being given to the magistrate concerned to secure the ends of justice and to curb the...

Proceedings U/S 130 Of UPGST Act Not Applicable If Excess Stock Is Found At Time Of Survey: Allahabad High Court

Recently, the Allahabad High Court has held that proceedings under Section 130 of the Uttar Pradesh Goods and Service Tax Act, 2017 cannot be initiated where stock is found excess at the time of survey. Section 130 of the UPGST Act provides for confiscation of goods and penalty in cases where supply, transport of goods has been made in contravention to the provisions of the Act with...

Conduct Training Programs For 'Pradhans' Under UP Panchayat Raj Act, 1947: Allahabad High Court To State

Recently, the Allahabad High Court has directed the concerned department of the State to initiate training programmes to make the Pradhans in the State aware about their rights and duties under the U.P. Panchayat Raj Act, 1947.Several public interest litigations were filed in the Allahabad High Court challenging the construction of water tanks and RCC centres on the land reserved for...

“Deadwood Need To Be Removed To Maintain Efficiency In Service”: Allahabad HC Upholds Compulsory Retirement Of Additional District Judge

The Allahabad High Court has recently upheld the compulsory retirement of an Additional District Judge who after the approval of the State Government on compulsory retirement was exonerated by the Inquiry Officer. It was held that after the order of the State Government compulsorily retiring the petitioner, the inquiry officer had no jurisdiction to continue the proceedings.Holding that...

Allahabad HC Orders Potency Test Of Accused Who Claimed That 'Depressed' Wife Died By Suicide As She Was Unable To Conceive

Observing that a woman should not always be blamed for being unable to conceive as sometimes, the issue may lie with the man, the Allahabad High Court recently directed a man, booked for the dowry death of his wife, to undergo a potency test. A bench of Justice Shekhar Yadav directed the Additional Government Counsel to conduct a potency test (पौरूष परीक्षण) of...

Arbitration Act | New Evidence Cannot Be Adduced At S.37 Stage, Bar Of Limitation U/S 34(3) Is Attracted: Allahabad HC

The Allahabad High Court Bench of Justices Mahesh Chandra Tripathi and Prashant Kumar, held that the amendment obtained or raising fresh grounds virtually amounts to file a fresh appeal and would be barred by limitation as laid down under Section 34(3) of the Arbitration Act. Hence, it is not open for the appellant to raise any new ground or adduce any fresh evidence in an appeal under Section...

Negligent Litigant Who Didn't Enquire About Status Of Case Not Entitled To Condonation Of Delay: Allahabad High Court

The Allahabad High Court dismissed a First Appeal From Order (FAFO) under Section 173 of the Motor Vehicles Act, 1988 filed with a delay of 3107 days as the appellant, sole proprietor of the transport company, failed to inquire about the status of the case.Justice Rajnish Kumar held that “A litigant, who is such negligent that he/she would not inquire for the status of case for such a...

While Filing Application U/S 8 Of Arbitration Act, Applicant Is Not Required To Dispute Contents Of Plaint: Allahabad High Court

The Allahabad High Court Bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar has held that there is no requirement for the applicant to dispute the contents of the plaint, while filling in an application under Section 8. The very fact that an application has been filed necessarily means that the applicant wants to refer the dispute to arbitration.Additionally, the court held that...