Allahabad High Court
Courts Can Examine Blacklisting Order In Writ Jurisdiction To Ensure Proportionality, Adherence To Natural Justice: Allahabad High Court
The Allahabad High Court has held that the Courts while exercising writ jurisdiction have the power to examine blacklisting order to ensure that principles of natural justice and doctrine of proportionality are followed.The bench comprising Justice Shekhar B. Saraf and Justice Manjive Shukla held State instrumentalities though vested with the power of blacklisting must conform to fairness...
PCS-J 2022 | Allahabad High Court Seeks UPPSC's Reply On Candidate's Plea Alleging Marking Discrepancies In Mains Exam
The Allahabad High Court has directed the Uttar Pradesh Public Service Commission (UPPSC) to respond to a candidate's allegations of discrepancies in marking her answers in the U.P. Judicial Service Civil Judge (Junior Division) Mains Examination 2022. The petitioner (Sucheta Rai) claims that fewer marks were awarded to her against her answers in the written...
S.3H National Highways Act Requiring Deposit Of Compensation Prior To Taking Possession Meant To Safeguard Land Owners: Allahabad High Court
The Allahabad High Court has held that Section 3-H(1) of the National Highways Act, 1956 requiring compensation to be deposited with the competent authority before taking possession of acquired land is meant for safeguarding the land owners. It was held that the provision is not for the Government to delay payment of compensation and to pay the amount only when possession is taken.Section...
Passport Authority Not Bound To Impound Passports On Pendency Of Criminal Cases, S.10(3)(e) Uses 'May': Allahabad High Court
The Allahabad High Court has held that under Section 10(3)(e) of the Passports Act, 1967, it is not mandatory for the passport authority to impound passport of a person against whom criminal case(s) are pending. It has been held that the word “may” in Section 10(3) gives discretion to the passport authority to consider the case on its merits and record its satisfaction in writing if...
In Absence Of Appellant Or His Lawyer , Appeal Should Be Dismissed In Default Not An Order On Merit : Allahabad High Court
The Allahabad High Court has held that the term “ex-parte” in Rule 63(4) of the Uttar Pradesh Value Added Tax Rules, 2008 can be interpreted as for want of representation of the defendant after service of notice, the case may be decided on merits. However, when the appellant or his counsel is not present, the case may only be dismissed in default. The Court held that in...
[U.P. Intermediate Education Act, 1921] Allahabad HC Upholds Maintainability Of Service Writ Against Termination Order By Unaided Institution
Recently, the Allahabad High Court upheld the maintainability of the writ petition under Article 226 of the Constitution of India against termination order passed by an unaided institution which is recognized under Section 7-A of the U.P. Intermediate Education Act, 1921.Distinguishing the judgment of Supreme Court in St. Mary's Education Society and another vs. Rajendra Prasad Bhargava...
No Provision To Notify Changed Criteria Beforehand: HC Sets Aside 50K Cost On Allahabad University For Altering Admission Criteria After Closing Registration
The Allahabad High Court has set aside a Single Judge order by which compensation of Rs. 50,000/- was granted to respondent-petitioner for non-admission to M.A. in Women Studies since the admission criteria were changed subsequent to the closure of registration forms.The bench comprising of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that the new criteria suggested by...
Property Where Accused Resides But Does Not Own, Including Rented Premises, Can't Be Attached U/S 83 CrPC: Allahabad HC
The Allahabad High Court recently clarified that under Section 83 of the CrPC CrPC, only property directly belonging to an accused or owned by him can be attached. The court emphasized that properties where the accused resides but does not own, such as rented residences, are excluded from such attachments. With this observation, a bench of Justice Abdul Moin set aside an order...
Unrebutted Evidence Of Minor Daughter Substantiating Allegations Of Cruelty Meted Out To Mother Sufficient To Grant Divorce: Allahabad HC
The Allahabad High Court has held that unrebutted evidence of minor daughter substantiating allegations of cruelty made by the mother sufficient ground for divorce under Section 13 of the Hindu Marriage Act.Parties got married in 1999 and had two children in 2000 and 2003, respectively. Before the Family Court, it was established that the parties cohabited till 2011. While living in South...
Woman's Decision To Continue Pregnancy Or Go For Its Termination: Allahabad High Court On 32 Weeks Pregnancy Of 15-Yr-Old
While dealing with a case of 15 years old pregnant rape victim, the Allahabad High Court has held that it is a woman's decision whether to continue pregnancy or go ahead with medical termination of pregnancy.Allowing continuation of pregnancy after counselling the victim and her parents of the risks involved with medical termination at 32 weeks pregnant, the bench comprising of Justice Shekhar...
Allahabad High Court Sets Aside Part Of Award Dealing With Non-Arbitrable Dispute
The Allahabad High Court has held that disputes regarding works undertaken by party independent of the contract which contains the arbitration agreement cannot be determined under such arbitration agreement.Section 70 of the Contract Act, 1872 provides that a party is bound to compensate the other party for the work done by the latter party when there was no intention to do the...
PIL In Allahabad HC Against Varanasi Municipal Corporation's Order To Close Non-Veg Shops Along 'Kanwar' Route
A Public Interest Litigation (PIL) plea has been moved before the Allahabad High Court challenging the directive of the Varanasi Municipal Corporation to close down all meat and poultry shops along the Kanwar Yatra route for the entire month of 'Saawan'.The National Loktantrik Party, through its National President (Executive) Mohammad Suhail, has moved the PIL plea to quash the impugned...