Allahabad High Court
Commercial Courts Act | Can't Permit Written Statement After 120 Days, Summer Vacations Not 'Extraordinary Circumstance': MP High Court
In a commercial suit, Madhya Pradesh High Court has underscored that a written statement filed after the lapse of 120 days since the service of summons cannot be taken on record.The Division Bench of Justices Sujoy Paul and Vivek Jain also refused to consider routine summer vacations as an 'extraordinary circumstance' mentioned in Prakash Corporates v. Dee Vee Projects Limited, 2022 LiveLaw...
Allahabad HC To Hear Today Gyanvapi Mosque Committee's Appeal Against Varanasi Court's Order Allowing 'Puja' In 'Vyas Tehkhana'
The Allahabad High Court will hear today an appeal moved by the Anjuman Intezamia Masajid Committee (which manages Gyanvpai mosque in Varanasi) challenging the Varanasi District Court's January 31 order allowing Hindus to perform prayers in the southern cellar of the Gyanvapi mosque (Vyas Ji ka Tehkhana).The matter was mentioned yesterday before the Acting Chief Justice Manoj Kumar Gupta...
BREAKING | Gyanvapi Mosque Committee Moves Allahabad HC Against Varanasi Court's Order Allowing 'Puja' In 'Vyas Tehkhana'
The Anjuman Intezamia Masajid Committee (which manages Gyanvpai mosque in Varanasi) has moved the Allahabad High Court challenging the Varanasi District Court's yesterday order which allowed Hindus to perform prayers in the southern cellar of the Gyanvapi mosque.The matter was mentioned before the Acting Chief Justice Manoj Kumar Gupta by senior advocate SFA Naqvi. The ACJ asked him to move...
Unless Specifically Provided In Statue, Employer Cannot Initiate/Continue Disciplinary Proceedings Against Retired Employee: Allahabad High Court
The Allahabad High Court has held that unless it has been specifically vested with the jurisdiction under a statue, a disciplinary authority of the employer cannot initiate or continue pending disciplinary proceedings against an employee after his superannuation.“Some regulations invest employer with powers to initiate proceedings against their employees post retirement up to a certain...
Can State Education Boards Permit Religious Education In Schools? : Allahabad HC Seeks Response Of Union Education & Minority Ministries
The Allahabad High Court today asked the Union Ministry of Education and Union Ministry of Minority Affairs as to whether the State can have statutory Education Boards, permitting religious education.A bench of Justice Vivek Chaudhary and Justice Subhash Vidyarthi put up this query to the Centre while dealing with a writ petition raising certain issues about Madarsa Board and the management...
Provision For Urgent Relief Not A Tool To Circumvent Pre-Institution Mediation U/S 12A Commercial Courts Act: Allahabad High Court
The Allahabad High Court has held that a prayer of urgent relief should not be used as a tool to circumvent the requirement of pre-litigation mediation contemplated under Section 12A of the Commercial Courts Act, 2015.Section 12A of the Commercial Courts Act, 2015 provides that where urgent relief is not contemplated in a suit, the plaintiff must exhaust the remedy of pre-mediation...
Gyanvapi Dispute | Allahabad HC Issues Notice To Mosque Committee On Plea Seeking ASI Survey Of 'Wuzukhana' Area
The Allahabad High Court today issued a notice to the Anjuman Intezamia Masjid Committee (which manages Gyanvapi Mosque in Varanasi) in a Civil Revision plea filed challenging the Varanasi District Judge's order (October 2023) refusing to direct the Archeological Survey of India (ASI) to undertake a survey of the Wazukhana area (except for the 'Shiva Linga') inside the Gyanvapi...
Enormity Of Charge Does Not License Employer To Jump To Conclusions: Allahabad High Court Orders Reinstatement Of Employee
While dealing with a case where oral evidence was not led by an employer to prove charges against the, the Allahabad High Court remarked that “the seriousness or enormity of the charge does not license the employer to jump to conclusions.”Directing the reinstatement of the employee, Justice J.J. Munir observed,“The more serious the charge, the more serious the consequence for the...
School Fee Concession Granted To Siblings Cannot Be Claimed As A Matter Of Right: Allahabad High Court
The Allahabad High Court has observed that the sibling fee relief granted by a school is subject to certain conditions and cannot be claimed as a matter of right.While dealing with the rustication of two siblings from Delhi Public School, Raj Nagar Ghaziabad due to issue regarding the applicability of sibling fee scheme benefit, Justice Ashutosh Srivastava observed, “I find that the Sibling...
Payment Of Wages Act | District Judge Deciding Appeal U/S 17 Acts As A Court, Not As 'Persona Designata': Allahabad High Court
The Allahabad High Court has held that a judge appointed in individual capacity by name acts as a persona designata but when he is appointed by his designation alone, he acts as a Court. The Court held that the test to determine whether appointment is made as a persona designata or not is to see if the person has been appointed by “his name alone, the description or designation being given...
Allahabad HC To Hear Tomorrow Plea Against Varanasi Court's Refusal To Direct ASI To Survey Gyanvapi Mosque's Wuzukhana Area
The Allahabad High Court will hear tomorrow a Civil Revision plea filed before it challenging the Varanasi District Judge's order (dated October 21, 2023) refusing to direct the Archeological Survey of India (ASI) to undertake a survey of the Wazukhana area (except for the 'Shiva Linga') inside the Gyanvapi Mosque premises. The matter will be heard by a bench of Justice...
Undertrials/Convicts Have A Right To Get Adequate Medical Treatment: Allahabad HC Grants Interim Bail To MP Atul Rai On Medical Grounds
The Allahabad High Court (Lucknow bench) on Monday granted interim bail to Ghosi MP Atul Rai on medical grounds until March 22 noting that he is suffering from a “life-threatening” ailment and hence, needs immediate redressal. Stressing that no matter how serious an offence is, the health condition of a human being is paramount, a bench of Justice Mohd. Faiz Alam Khan directed...