Allahabad High Court
Make A Contempt Reference If 'Browbeaten' By Police Over Uncomfortable Investigation Orders: Allahabad HC Advises Magistrates
In a significant order passed recently, the Allahabad High Court noted that superior police officers sometimes resort to measures to 'browbeat' Magistrates when orders directing investigation of particularly 'uncomfortable' cases are passed by them. A bench of Justice JJ Munir and Justice Vinai Kumar Dwivedi firmly advised Magistrates that if any such embarrassment or pressure is faced from...
Article 25 Protects Right To Congregate For Worship But Forbids Incitement; No Embargo On Prayers In Private Premises: Allahabad HC
The Allahabad High Court on Monday held that Article 25 of the Constitution of India protects the right to congregate for worship for every religious denomination in the country, but it does not accord protection to incitement of one faith by another in the garb of prayer. At the same time, the Court made it clear that there can be no impediment or embargo with regard to prayers...
Govt School Teacher's Bigamous Marriage Prior To Appointment Not Misconduct But Strikes At Root Of Eligibility: Allahabad High Court
The Allahabad High Court has held that a woman, who entered into a bigamous marriage before being appointed as a government school teacher, cannot be punished for misconduct on this ground under U.P. Government Servant Conduct Rules and U.P. Government Servants (Discipline and Appeal) Rules. It however held that the candidate, who contracted marriage in 2009 with a person whose first marriage...
Limitation For Amendment Of Pleadings Must Be Decided In Reference To Stage Of Suit, Not Date Of Filing Of Suit: Allahabad High Court
The Allahabad High Court has held that limitation for filing amendment application in a suit must be decided in reference to the stage at which the suit is, rather than from the date on which the suit was instituted. Observing that the jurisdiction to allow amendments at any stage is provided under Order VI Rule 17 of CPC, Justice Manish Kumar Nigam held,“Such amendments as are directed...
Property Disputes Between Husband And Wife Fall Within Exclusive Jurisdiction Of Family Court: Allahabad High Court
The Allahabad High Court has held that only Family Court has the jurisdiction to deal with disputes (suits or other proceedings) between married couples regarding the properties owned by them. Justice Sandeep Jain held,“Explanation (c) of Section 7(1) of the Family Courts Act,1984 provides that suits or proceedings between the parties to a marriage with respect to the property of the parties...
Public Liability Insurance Act | Collector Empowered To Suo Moto Invite Insurance Claims Upon Knowing Of Accident: Allahabad High Court
The Allahabad High Court has held that the Collector has the power to suo moto invite applications for insurance claims under the Public Liability Insurance Act, 1991 when he/she comes to know of an accident. Further, the Court held that Collector has the powers of the Civil Court and provisions of the Limitation Act are applicable to claims under the Public Liability Insurance Act,...
Ad-Hoc Service Can't Be Ignored For Promotion If Appointment Was Not Illegal: Allahabad High Court
The Allahabad High Court has held that ad-hoc service of an employee cannot be ignored by the government for promotion if appointment was not illegal. It also held that promotion must be awarded to an employee, whose claim was illegally ignored, from the date on which his juniors were given promotion. Holding that an ad-hoc appointment made pursuant to the rules can at best be irregular and...
Mere Relationship With A 'Gangster' No Ground To Attach Property; Crime-Acquisition Nexus Essential: Allahabad High Court
The Allahabad High Court recently set aside the attachment of immovable property belonging to one Mansoor Ansari, the cousin of gangster Mukhtar Ansari, as it observed that the State failed to establish any nexus between the commission of any offence and the construction of the building/shops in question. A bench of Justice Raj Beer Singh clarified that the State cannot seize...
'Shocking': Allahabad HC Raps Medical Board For Insensitive Counseling Of Pregnant Minor; Orders DALSA To Oversee Fresh Report
Last week, the Allahabad High Court pulled up the medical board and the Chief Medical Officer (CMO), Hathras, while dealing with a time-sensitive writ petition seeking medical termination of pregnancy at an advanced stage of about 30 weeks, for its insensitivity towards the minor victim. The bench of Justice Atul Sreedharan and Justice Siddharth Nandan observed thus: "Today, the learned...
All Citizens Must Be Treated Equally: Allahabad High Court To UP Govt Over Namaz 'Restrictions' On Private Property
The Allahabad High Court on Monday once again questioned the Uttar Pradesh Government on whether restrictions could be imposed on members of the Muslim community offering Namaz on private property, as the HC orally remarked that the rule of law must treat all citizens equally.During the hearing of a writ petition challenging alleged restrictions on offering Namaz during Ramzan in...
Can't Restrict Number Of Namaz Worshipers On Law & Order Ground; Resign If Unable To Do Duty : Allahabad High Court To Sambhal SP, Collector
The Allahabad High Court recently rejected the Uttar Pradesh administration's decision restricting the number of persons offering Namaz during Ramzan at a mosque in Sambhal district, observing that maintaining law and order is the responsibility of the State.In an order passed on February 27, a bench of Justice Atul Sreedharan and Justice Siddharth Nandan remarked that if the Superintendent...
Allahabad HC Orders Protection For Man Allegedly Stopped From Namaz At Home; Says State Will Be Accountable For Any Harm To Him Or His Property
The Allahabad High Court has ordered round the clock security for a Muslim man from Bareilly who was allegedly stopped from offering Namaz inside his private house.The division bench of Justice Atul Sreedharan and Justice Siddharth Nandan ordered two armed guards 24/7 shall protect Haseen Khan, and "any incident of violence that afflicts him or his property shall be prima facie understood to...