Allahabad High Court
Tribunal Didn't Meet Objections Raised, Allahabad High Court Sets Aside Arbitral Award, Remits Case To Tribunal
The Allahabad High Court has held that under Section 34(4) of the Arbitration and Conciliation Act, 1996, the High Court can set aside an arbitral award and remit the case back to the Arbitral Tribunal for a fresh decision.The bench comprising Justice Ajay Bhanot placed reliance on the judgment of the Apex Court in National Highways Authority of India Vs. P. Nagaraju and Ors to hold...
Mere Adoption Of Govt Service Rules By Autonomous Bodies Doesn't Grant Their Staff Same Benefits As Govt Employees: Allahabad HC
The Allahabad High Court has held that the mere adoption of government service rules by autonomous bodies does not confer the same rights on the employees of the autonomous body as those available to the government employees.Placing reliance on the judgment of the Supreme Court in State of Maharashtra and anr Vs. Bhagwan and Ors, Justice Abdul Moin held“From a perusal of the aforesaid...
Covid Norms Violation Case| Allahabad High Court Stays Criminal Proceedings Against Ex-UP CM Akhilesh Yadav
The Allahabad High Court on Tuesday granted a stay on criminal proceedings pending before the MP/MLA Court, Gautambudh Nagar against Samajwadi Party (SP) chief and former UP CM Akhilesh Yadav and Rashtriya Lok Dal (RLD) chief and Rajyasabha Member Jayant Chaudhary over alleged violations of the model code of conduct and Covid-19 norms in 2022.While granting a stay on criminal proceedings, a...
Transfer Is An Administrative Decision, Courts Should Interfere With Such Orders Only In Very Rare Cases: Allahabad HC Reiterates
Relying on various decisions of the Supreme Court, the Allahabad High Court has held that the Court cannot interfere in transfer orders as they are administrative in nature and are inherent conditions of appointment.While declining to interfere in the transfer order of the petitioner, a bench of Justice Kshitij Shailendra held “It is well settled position of law that transfer of...
Doctrine Of Finality Of Adjudication Of A Case Overpowers Accuracy/ Correctness Of A Judgment: Allahabad High Court
While refusing to quash an 11-year-old judgement in review, the Allahabad High Court held that a judgment which has attained finality cannot be treated lightly by the Courts. The Court observed that the doctrine of finality of adjudication of a case often overpowers the accuracy or correctness of a judgment.The bench comprising of Justice Saumitra Dayal Singh and Justice Shiv Shanker...
Dr. Kafeel Khan's Plea Challenging Termination| Allahabad HC Virtually Grants Last Chance To UP Govt To File A Reply
The Allahabad High Court today granted virtually a last chance to the Uttar Pradesh Government to file its response to a writ plea filed by Dr Kafeel Khan challenging the termination of his services from the State-run BRD Medical College by the UP government. It may be noted that Dr Khan's petition was moved in January last year and on February 3, 2022, the HC directed the state government...
Power To Direct Expeditious Disposal Of Cases Should Be Exercised Sparingly, In Extra Ordinary Circumstances: Allahabad HC Reiterates
The Allahabad High Court has reiterated that writ should not be granted for expeditious disposal of civil suits routinely. Only when extraordinary circumstances are shown, such directions for expeditiously disposal within a fixed period should be granted.The bench comprising of Justice Ashutosh Srivastava placed reliance on earlier decisions of the Allahabad High Court in Ali Shad Usmani vs....
Allahabad High Court Weekly Round-Up: November 27 To December 3, 2023
NOMINAL INDEX Mahadev Singh Dal Bahadur Singh v. State Of U.P. Thru. Prin. Secy. ( Revenue), Lko. And Others 2023 LiveLaw (AB) 454 Smt. Mobin And Another v. Dy. Director Of Consolidation And 6 Others 2023 LiveLaw (AB) 455 Rohit Chaturvedi v. Smt Neha Chaturvedi 2023 LiveLaw (AB) 456 Ramlala v. State Of U.P. And 4 Others 2023 LiveLaw (AB) 457 Maa Vindhya Stone Crusher Company...
'Look Into Cow Slaughter Cases Across State Seriously': Allahabad High Court Directs UP Govt
The Allahabad High Court has asked the Uttar Pradesh government to look into the Cow Slaughter cases registered within the state seriously. This implies a call to the state police to thoroughly investigate and give serious attention to such cases involving the killing of cows across the state.The Court directed so while expressing its displeasure with a personal affidavit filed on behalf...
Litigants Must Choose One Forum, They Don't Have Kangaroo Right To Hop Between Allahabad & Lucknow Benches: Allahabad HC
In a significant observation, the Allahabad High Court has held that though a petitioner has the right to choose the forum to file a writ petition, he/she cannot be permitted to hop between two jurisdictions without cogent reasons.The Court further observed that under Clause-14 of the United Provinces High Court (Amalgamation) Order, 1948 petitions at Lucknow can be transferred by the...
PIL Moved In Allahabad High Court Challenging UP Govt's Order Revising Wages Of Prisoners
Recently, a Public Interest Litigation (PIL) plea has been moved before the Allahabad High Court challenging the Uttar Pradesh Government's August 2023 order revising the wages of prisoners.The Government order was issued in August this year following serious concerns raised by a bench comprising of then Chief Justice Pritinker Diwaker and Justice Saumitra Dayal Singh regarding the behaviour...
Allahabad HC Releases Man Jailed For 11 Months Following NBW In State's Appeal Against Acquittal Sans Producing Him In HC, Calls His Custody Illegal
The Allahabad High Court recently released a man on bail noting that he was arrested (and not produced before the HC) pursuant to the issuance of Non-Bailable Warrants by the HC while the State's appeal against his acquittal in a criminal case was pending before the HC. Calling the accused-respondent's custody 'illegal' and his arrest 'groundless', the bench of Justice Arvind Singh Sangwan...