Suspension Of Sentence Plea Needn't Get Preference If Parties Are Ready To Argue Appeal/ Revision On Merits: Allahabad High Court

The Allahabad High Court has held that where the parties are ready to argue the criminal appeal or the criminal revision on merits, the application for suspension of sentence may not be given preference over final disposal of the criminal appeal or the criminal revision."As per our considered opinion, endeavour of the Court should be to decide the criminal appeal at the earliest if parties...

Surcharge Recovery From Pradhan For Loss Caused To Gram Sabha Fund Must Follow Procedure Under Panchayat Raj Act: Allahabad High Court

The Allahabad High Court has held that surcharge under Section 27 of the U.P. Panchayat Raj Act, 1947 can be levied on a Pradhan only on an inquiry conducted by the Chief Audit Officer, Cooperative Societies and Panchayats. It held that an inquiry held by a committee constituted by the District Magistrate is without jurisdiction and vitiates the recovery order founded on it.Section 27 of the...

Cooperative Bank Can't Recover More Than Double The Principal From Farmer-Borrowers Till Reform Committee Reports: Allahabad High Court

The Allahabad High Court has directed the Uttar Pradesh Sahkari Gram Vikas Bank Ltd. not to recover from any borrower an amount exceeding double the principal loan amount till an expert committee on cooperative banking reforms, ordered to be constituted by the Court, concludes its proceedings. The Uttar Pradesh Sahkari Gram Vikas Bank Ltd, set up in 1959 and registered under the Sahkari...

Lucknow Court Violence | High Court Orders IB Inquiry Into 4 Accused Advocates, Says It's Time To Identify 'Black Sheep' In Bar

The Allahabad High Court on Tuesday ordered a discreet inquiry by the Intelligence Bureau (IB) into the antecedents and activities of 4 advocates accused of assaulting a litigant inside the Lucknow district court premises on July 21. The Court also directed them to disclose their Income Tax Returns (ITR) of the last 10 years, assets, businesses and property transactions.The directions came in...

Maternity Leave For Second Child Can't Be Denied For Want Of Two-Year Gap Under UP Financial Handbook: Allahabad High Court

The Allahabad High Court has held that maternity leave for a second child cannot be refused on the ground that two years have not elapsed since the earlier spell of such leave was granted. It held that the Code on Social Security, 2020 prevails over the rules contained in the U.P. Financial Handbook.Section 161 of the Code on Social Security, 2020 provides that the Code shall have...

Allahabad High Court Reduces Jail Term Of Cop Convicted In 1984 Attempt-To-Murder Case; Victim To Get ₹35,000 Compensation

The Allahabad High Court on Monday upheld the conviction but reduced the jail term of a former police constable in connection with a 1984 attempt-to-murder case from 6 years to 4 years while also directing that the victim be paid Rs. 35,000/- as compensation out of an enhanced fine of Rs. 40,000/- imposed on the convict.A bench of Justice Santosh Rai modified the sentence considering the...

Suppressing Advocate Status To File Pleas In Clients' Interests Is 'Gross Abuse' Of PIL Jurisdiction: Allahabad High Court

The Allahabad High Court recently dismissed a Public Interest Litigation (PIL) plea while observing that suppressing one's status as an advocate to file a petition that essentially advances a client's interests amounts to a "gross abuse of the Court's PIL jurisdiction".Warning the petitioner, an advocate by profession, to mend his ways, the Court observed that such misuse of the PIL...

Allahabad High Court Sends 82 Y/O Murder Convict Back To Jail After 40 Yrs; Says It Can't Reduce Sentence By Invoking Article 142

The Allahabad High Court recently dismissed the appeal of an 82yearold man convicted of murdering his brother in 1984 and directed him to surrender to serve the remaining part of his life sentence. A Bench of Justice Atul Sreedharan and Justice Jai Krishna Upadhyay found that the evidence on record did not disclose any mitigating circumstances warranting conversion of the...

AMU Statute Requiring Two-Third Majority Of Executive Council To Terminate Teacher Not Arbitrary: Allahabad High Court

The Allahabad High Court has held that Statute 40(3)(b) framed under the Aligarh Muslim University Act, 1920, which requires a two-third majority of the members of the Executive Council present and voting to determine a teacher's employment, is not ultra vires Article 14 of the Constitution. It held that Statute 40 read as a whole gives a teacher a hearing and the benefit of a due inquiry...

Labour Court Must First Decide Fairness Of Domestic Inquiry Before Examining Merits Of Charges: Allahabad High Court

The Allahabad High Court has reiterated that where the termination of a workman on the basis of a domestic inquiry is referred to a Labour Court, the Labour Court must first decide whether the domestic inquiry was fair, and may take up the merits of the charges only after deciding that issue.It held that where the inquiry is found to be unfair, the employer must be granted an opportunity to...

Allahabad High Court Defers Raebareli Bar Treasurer Poll, Orders Examination Of Lawyer's Objection To Voter List Exclusion

The Allahabad High Court last week deferred the election to the post of Treasurer of the Central Bar Association, Civil Court, Raebareli, by 1 week and directed the Elders Committee to examine an advocate's objection against the exclusion of his name from the voters' list after granting him an opportunity of hearing.A Bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary passed...

Courts Can't Direct CBI To Secure Prosecution Sanction: Allahabad High Court Quashes Case Against Ex-DM In Illegal Sand Mining Case

The Allahabad High Court recently observed that a trial court cannot direct the investigating agency, such as the CBI, to ensure that sanction for the prosecution of a public servant is obtained, as such a direction virtually amounts to directing the competent sanctioning authority to grant sanction, which is impermissible in law. A Bench of Justice Raj Beer Singh made the observation...