Allahabad High Court
'Begar' Prohibited Under Article 23: Allahabad HC Directs Payment Of Salaries To Multi-Purpose Health Workers For Period Of Work
While granting relief to Multi-Purpose Health Workers (Male), the Allahabad High Court has held the 'Begar' is prohibited under Article 23 of the Constitution of India.“Article 23 of the Constitution of India has wider implications and scope regrading begar i.e. by taking work but not paying for the same which is linked with right to livelihood covered under Article 21 of the Constitution...
'Second Wife' Can't Maintain Complaint Against 'Husband' U/S 498A IPC; 'Dowry Prohibition Act' May Get Attracted In Such Cases: Allahabad HC
The Allahabad High Court has held that a complaint under Section 498-A (for the offence of cruelty) of the IPC is not maintainable against a husband at the instance of a 'second wife', however, in such cases, the Dowry Prohibition Act, 1961 may get attracted if there is a demand of dowry. “…for the dowry, the performance of marriage is not necessary, and even a marriage contract...
Missing BHU Student Case: 'No Evidence Against SHO, 2 SI & 2 Constables; 3 Others To Be Chargesheeted U/s 166 IPC': UP Govt Tells High Court
The UP Government has informed the Allahabad High Court that it has found no sufficient evidence against the then Station House Officer BB Tiwari, Sub Inspectors Kunwar Singh and PM Tripathi, Head Constable Laxmikant Mishra and Constable Om Prakash Singh in the BHU Missing Student case. The Court was also informed that sufficient evidence had been found against Constables SK Singh and...
ED Should At Least Provide Substance Of Accusation To Summoned Person If Not A Copy Of ECIR: Allahabad High Court
The Allahabad High Court last week observed that in the normal course, a person summoned by the Enforcement Directorate (ED) is entitled to receive at least a summary of the accusations, if not the actual copy of the Enforcement Case Information Report (ECIR). This allows them to adequately prepare themselves or gather pertinent documents to respond to any inquiries during...
Allahabad HC Expresses Displeasure At High-Pitched Slogan Shouting By Advocates Creating Obstruction In Court Proceedings
The Allahabad High Court, on Tuesday, expressed its displeasure at the high pitched slogan shouting which took place in the corridors of the Court during Court hours. The Allahabad High Court Bar Association Elections are set to take place tomorrow and the candidates and their supporters campaigning in the corridors of the courtroom were shouting slogans at high volume, the...
Allahabad High Court Directs Inquiry Against Officers Who Failed To File Arbitration Appeals Within Prescribed Limitation
The Allahabad High Court has directed Principal Secretary/Additional Chief Secretary, Irrigation, Uttar Pradesh to conduct an inquiry against officers who were responsible for filing appeals under Section 37 of the Arbitration and Conciliation Act, 1996 which were filed after a delay of 513 days.While dismissing the appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996,...
Resignation Tendered By Govt Employee Can Be Withdrawn At Any Time Before Its Acceptance: Allahabad High Court
The Allahabad High Court has observed that a resignation tendered by a government servant can be withdrawn at any time before its acceptance. A bench of Justice Manjive Shukla observed thus while examining Rules 6 and 7 of the Uttar Pradesh Government Servants Resignation Rules, 2000, which deal with the matters of resignation from service by government servants. The Court was essentially...
Suit For Declaration Of Civil Death Not Barred By S. 34 Specific Relief Act Merely Because Further Relief Wasn't Claimed: Allahabad HC
The Allahabad High Court has ruled that a suit for mere declaration of civil death is maintainable and is not barred by Section 34 of the Specific Relief Act, 1963 merely because the plaintiff did not claim further relief.A bench of Justice Arun Kumar Singh Deshwal further noted that there is no bar under Section 34 of the 1963 Act for filing a suit for the declaration of a civil death of...
Husband Can't Claim Deduction Of Insurance Premium, Loan EMI From Gross Salary For Determination Of Maintenance Amount U/S 125 CrPC: Allahabad HC
The Allahabad High Court last week held that while determining the monthly maintenance allowance payable to the wife under section 125 CrPC, a husband cannot seek deductions for payments towards LIC premiums, home loans, land purchase loan instalments, or insurance policy premiums from his salary.Referring to the Supreme Court's ruling in the case of Dr Kulbhushan Kumar vs. Rajkumari 1970,...
Teacher's Service After Regularization Can't Be Terminated Merely Due To Lack Of Qualification At Time Of Initial Appointment: Allahabad HC
The Allahabad High Court has held that after a long gap of time, a teacher who's services have been regularised cannot be terminated merely on grounds of lack of qualifications at the time of initial appointment.The bench comprising of Justice Ajit Kumar held that “once the regularisation of appointment has already taken place, such teacher becomes a permanent member of service and no...
Administrative Tribunals Act | Appeal Against CAT Order In Contempt Proceedings Lies Before Supreme Court, Not High Court: Allahabad High Court
The Allahabad High Court has held that an appeal against an order of the Central Administrative Tribunal while exercising its contempt jurisdiction under Section 17 of the Administrative Tribunals Act 1985 lies before the Supreme Court under Section 19 of the Contempt of Courts Act, 1971. The Court held that no such order can be challenged before the High Court under Article 226 of...
1996 Assault Case: Allahabad High Court Stays Conviction Of Actor & Congress Leader Raj Babbar
The Allahabad High Court (Lucknow bench) on Friday stayed the conviction of actor and Congress politician Raj Babbar in connection with a 1996 case lodged against him for allegedly assaulting a polling officer when he was contesting the Lok Sabha election from Lucknow (then) as a Samajwadi Party candidate. The order was passed by a bench of Justice Mohd. Faiz Alam Khan on a plea moved...