Calling By Caste Name Without Intent To Humiliate Doesn't Attract SC/ST Act: Allahabad High Court

The Allahabad High Court has held that the mere use of the word “Chamar”, without material showing that it was used with the intention or knowledge of insulting the victim on the ground of her caste, does not prima facie disclose the ingredients of Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and cannot sustain an...

Reliable Dying Declaration Can Form Basis For Acquittal Too: Allahabad High Court

Deceased had told the Magistrate that her burns were accidental.

Brothel Customer Can't Be Prosecuted Under Immoral Traffic Act: Allahabad High Court

The Allahabad High Court has held that a man who visits a brothel as a customer cannot be prosecuted under Sections 3, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956, as paying money for personal gratification is not procurement for the purpose of prostitution within the meaning of the Act. Justice Dr. Gautam Chowdhary held, “If a person visits a brothel as a customer,...

Long Service, Subsequent Recognition Can't Validate Invalid Appointment; No Right To Salary From Public Funds: Allahabad High Court

The Allahabad High Court has held that a teacher of an aided institution cannot claim salary from the State exchequer merely on the strength of long continuance in service or subsequent administrative recognition, where the competent University had declined approval to the appointment and had directed a fresh selection which was never held.The Court held that before a mandamus for payment...

Authorities Cannot Deny Salary Citing Absence Of Their Nominee From Selection Committee: Allahabad High Court

The Allahabad High Court has held that the failure of the District Basic Education Officer to send his nominee to a selection committee under the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group D Employees) Rules, 1984 does not vitiate the selection held in his absence. It held that salary cannot be withheld from...

Allahabad High Court Deprecates State's Failure To Pay Counsel's Fees, But Rejects ₹4.8 Crore Writ Claim As Not Maintainable

The Allahabad High Court has deprecated the State's failure to pay professional fees to counsel engaged to defend its cases, observing that such non-payment could constrain advocates to approach the courts. However, while dismissing an advocate's four writ petitions seeking recovery of about ₹4.8 crore as not maintainable, the Court held that disputed claims for professional fees arising from...

Police Officer Can Face Disciplinary Proceedings Despite Pending Criminal Case Over Same Incident: Allahabad High Court

The Allahabad High Court has held that disciplinary proceedings against a police officer are not barred merely because an F.I.R. has been lodged over the same incident, as Paragraph 489 of the U.P. Police Regulations permits a departmental trial whether or not the officer has been tried judicially. It held that the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and...

Allahabad High Court Takes Suo Motu Cognizance Of Severe Waterlogging In Prayagraj; Summons Top Officials Over Civic Failures

The Allahabad High Court on Tuesday took suo motu cognizance of severe waterlogging in Prayagraj and directed senior district and State authorities to explain the failure to take timely measures to prevent the city's low-lying areas from getting waterlogged amid incessant rain.The Court has directed the District Magistrate, Prayagraj, and Municipal Commissioner, Prayagraj, to appear before it...

S.21 NIA Act | Order Framing Charges Is Not Interlocutory, Appeal Lies Before HC: Allahabad High Court Differs With Delhi HC View

The Allahabad High Court has held that an order framing charges passed by a Special Court under the National Investigation Agency Act, 2008 (NIA Act) is not an interlocutory order and can therefore be challenged by way of an appeal before the High Court under Section 21 of the 2008 Act.A bench of Justice Subhash Vidyarthi thus differed with the view of the Delhi High Court in the case of...

'Serious Matter': Allahabad High Court Summons SSP Mathura After CCTV Prima Facie Shows 'False Recovery' Against NDPS Accused

The Allahabad High Court has directed the Superintendent of Police (SSP), Mathura, to appear personally and file an affidavit after CCTV footage produced by 2 accused in an NDPS case led the Court to prima facie find that a "false recovery" had been shown against them.A bench of Justice Rajiv Lochan Shukla termed the matter "very serious" and directed the SSP to provide a specific para-wise...

Recovery Of Allegedly Stolen 'Blanket, Mosquito Net' Not Enough To Prove Guilt: Allahabad High Court Acquits 2 In 1978 Robbery Case

The Allahabad High Court last week acquitted two men in connection with a 1978 robbery case, observing that the alleged recovery of a blanket and mosquito net from them did not furnish strong corroborative evidence, particularly since the articles were readily available in the market and bore no distinctive identifying marks.The Court also found deficiencies in the identification...

Section 47 CPC | Execution Proceedings Cannot Reopen Issues That Could Have Been Raised At Trial: Allahabad High Court

The Allahabad High Court has observed that objections under Section 47 of the Code of Civil Procedure (CPC) cannot be used to reopen issues that could have been raised and decided during the original trial, unless the judgment-debtor is able to establish that the decree is void and inexecutable on the face of it.A bench of Justice Anil Kumar-X made the observation while dismissing a...