UP Recognised Basic School Rules: Allahabad HC Upholds Deemed Approval Of Docs Submitted By Appointee If No Response From Authority Within 30 Days

The Allahabad High Court, while examining the case of appointment of a principal, has held that if documents sent for approval to the Basic Shiksha Adhikari (BSA) are not approved within a period of 30 days, then as per Rule 10 of the U.P. Recognised Basic School Rules, 1978, they shall be held to have been approved.“It has not been disputed that the documents were sent for approval and after...

Restrictions On Grant Of Bail U/S 37 NDPS Act Do Not Apply To Constitutional Courts: Allahabad High Court

The Allahabad High Court has observed that the restrictions on the grant of bail contained under Section 37 of the Narcotic Psychotropic Substances Act, 1985 (NDPS Act) only apply to the special courts dealing with NDPS cases and do not apply to the Constitutional Courts (High Courts and Supreme Court). “I am of the considered view that the restrictions contained in Section 37 of...

Lawyers To Ensure Dignity Of Court Even When Challenging Its Order: Allahabad High Court Deprecates Disrespectful Drafting Of Review Application

The Allahabad High Court has deprecated the practice of disrespectful drafting of review applications which lower the dignity of the Court.While hearing a review application against his earlier order, Justice Subhash Vidyarthi observed,“Although a litigant is well within its right to challenge the validity of any order in accordance with the law and in case the order suffers from an error...

Person Seeking Compassionate Appointment Can't Be Given Second Chance To Qualify Physical Efficiency Test After Having Failed Once: Allahabad High Court

The Allahabad High Court has held that no second chance can be granted to a person seeking compassionate appointment for qualifying the Physical Efficiency Test, having failed it in the first try.Holding that compassionate appointment is not an alternate source of recruitment, the bench comprising of Justice Mahesh Chandra Tripathi and Justice Anish Kumar Gupta held that “It is essentially...

State Machinery Should Cancel Licence Of Journalists Involved In Blackmailing, Anti-Social Acts: Allahabad High Court

The Allahabad High Court recently said the State Machinery should cancel the licenses of journalists who are involved in anti-social activities like blackmailing the common man to get financial benefits in the garb of their licenses. A bench of Justice Shamim Ahmed made this observation while refusing to quash criminal proceedings against two persons, a journalist and...

Beneficiaries Of Waqf To Be Impleaded In Matters Related To Sale Of Waqf Property: Allahabad High Court

The Allahabad High Court has held that the beneficiaries of a Waqf have the right to be impleaded in matters relating to the sale of property of the Waqf. Justice Jaspreet Singh held that such beneficiaries were covered by the concept of necessary and proper parties under Order 1 Rule 10(2) of the Code of Civil Procedure.The Court held that “where a mutawalli was seeking the permission...

Complete Penetration With Emission Of Semen & Rupture Of Hymen Not Necessary To Constitute Rape: Allahabad HC

The Allahabad High Court has observed that to constitute an offence of rape, complete penetration of the penis with emission of semen and the rupture of the hymen is not necessary. Observing thus, a bench of Justice Rajesh Singh Chauhan rejected the bail petition of a man accused of committing rape and oral sex with a 10-year-old girl. As per the case of the prosecution, the...

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged By Filing A Plea U/S 482 Of CrPC: Allahabad HC Reiterates

The Allahabad High Court has reiterated that in cases where an appeal against an order would lie under Section 14A of the SC/ST (Prevention of Atrocities) Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge that order. Perusing the mandate of Section 14-A of the Act, a bench of Justice Subhash...

Petition U/S 483 CrPC Seeking Direction To Family Court For Expeditious Disposal Of S. 125 CrPC Plea Is Maintainable: Allahabad HC

The Allahabad High Court has held that an application filed under Section 483 CrPC seeking a direction to the Family Court to expedite the disposal of an application under Section 125 CrPC, would be maintainable. A bench of Justice Subhash Vidyarthi clarified that while deciding an application under Section 125 CrPC, the Family Court exercises the jurisdiction of a...

Cheques Of Erstwhile 'Allahabad Bank' Invalid After Sept 30 2021, Their 'Dishonor' Won't Attract Offence U/S 138 NI Act: Allahabad HC

The Allahabad High Court has ruled that cheques from the erstwhile 'Allahabad Bank' (which merged with 'Indian Bank' on April 1, 2020) became 'invalid' after September 30, 2021. Consequently, the dishonour of such cheques will not constitute an offence under Section 138 of the Negotiable Instruments Act. A bench of Justice Arun Kumar Singh Deshwal observed thus in light of the...

Adult's Right To Solemnise Marriage Or Live With Person Of Choice Protected Under Article 21: Allahabad High Court

In a significant remark, the Allahabad High Court has recently said that no one can restrain an adult from going anywhere that he/she likes, staying with a person of his/her choice, or solemnizing marriage according to his/her will or wish as “this is a right which flows from Article 21 of the Constitution” Observing thus, a bench comprising Justice J.J. Munir and Justice Arun...

[Commercial Courts Act] Disputes Related To Immovable Property Used Exclusively For Trade Are 'Commercial Disputes: Allahabad High Court

The Allahabad High Court, while considering the case of a hotel, has held that a dispute related to an immovable property that is used exclusively for the purpose of trade or commerce would fall under the ambit of a 'Commercial Dispute' under Section 2(1)(c)(vii) of the Commercial Courts Act, 2015.“Agreements relating to immovable property used exclusively in trade or commerce fall under...