Minority Educational Institutions Like Madarsa Not Immune From Reasonable Regulations Of State Ensuring Academic Standards: Allahabad HC

Recently, the Allahabad High Court has held that right of minorities under Article 30(1) of the Constitution of India must be exercised within reasonable regulations and frameworks of the State Government for ensuring academic excellence and maintaining standards of education.Quashing the advertisement issued by Nazime of Ala/Manager of Madarsa Arabiya Shamshul Uloom Sikariganj (Ehata...

Allahabad High Court Acquits Four Death Row Convicts In 2007 CRPF Camp Terror Attack Case, Blames 'Defective Probe'

The Allahabad High Court on Wednesday (October 29) set aside a 2019 death sentence awarded to four men–Mohd Sharif, Imran Shahjad, Mohd. Farooq and Sabauddin–convicted by the trial court for carrying out a terror attack at a CRPF camp in Rampur in 2007, in which eight personnel lost their lives. The court also set aside the life term of another Jang Bahadur Khan @ Baba convicted under...

Landowners Not Covered By Full Bench's 2011 Gajraj Judgment Are Not Entitled To Allotment Of 10% Abadi Land: Allahabad High Court

The Allahabad High Court has held that the landowners who were not petitioners covered by Full Bench's decision in Gajraj and others vs. State of UP and others (2011) and batch, are not entitled to allotment of 10% abadi land as directed therein.In Gajraj judgment, the land acquisition proceedings initiated vide notification dated 31.08.2007 issued under Section 4 of Land Acquisition Act...

Allahabad High Court Allows Simultaneous Trial & Departmental Inquiry Against Employee Caught Stealing ₹260 From India Govt Mint

Observing that allowing delinquent employee to continue in service without consequence will promote a culture of lack of accountability, the Allahabad High Court has allowed simultaneous criminal trial & departmental inquiry against employee caught stealing from India Government Mint.Justice Ajay Bhanot held,“The petitioner is charged with the misconduct of theft of government money...

Allahabad High Court Quashes Case Against Prabhu Chawla & Aroon Purie Over India Today's 2003 Story On Sexual Exploitation Of Minor Girls

The Allahabad High Court recently quashed the criminal proceedings against India Today former Editor Prabhu Chawla and Editor-in-Chief of the Magazine Group Aroon Purie concerning a 2003 investigative report on child trafficking and prostitution. A bench of Justice Brij Raj Singh observed that the article titled 'Ladkiyon Ki Mandi' did not constitute any offence under Sections 153...

Auction Purchaser Must Verify Dues In “As Is Where Is” Sale; Bank Not Liable for Undisclosed Liabilities: Allahabad High Court

Recently, the Allahabad High Court has held that it is the duty of the auction purchaser to check the dues and liabilities on the property being auctioned on "as is where is", "as is what is and "whatever there is" basis.The bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi held:“once a person participates in any auction while having knowledge that the property is being...

'Meant For Imparting Education Only': Allahabad High Court Bars Commercial Activities In Premises Of All Educational Institutions In UP

Observing that educational institutions are meant for imparting education only and not for permitting commercial activity, the Allahabad High Court has barred any commercial activities including and not limited to exhibitions, fairs, etc., in the premises of all educational institutions in Uttar Pradesh.The court passed the order in a PIL against use of the premises of a Degree College...

Juvenile Justice Act Overrides All Other Laws In Case Of Child In Conflict With Law: Allahabad High Court

The Allahabad High Court has held that the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) overrides all other laws in case of a child in conflict with law.Perusing various provisions of the JJ Act, the bench of Justice Salil Kumar Rai and Justice Sandeep Jain held,“A reading of the aforesaid provisions shows that the Act, 2015 has an overriding effect over any other...

JJ Act | Child Alleged To Be In Conflict With Law Can't Be Lodged In Jail Even During Inquiry To Determine His Age: Allahabad High Court

The Allahabad High Court has held that under the Juvenile Justice Act 2015 a person accused who claims to be child at time of commission of offence, cannot be sent to jail or police lockup even during an inquiry regarding determination of his age either by a Court or the Juvenile Justice BoardIn doing so the court held that a child in conflict with law or alleged to be in conflict with law...

IPC Provisions On Use Of False Weights & Measures Do Not Apply To Offences Punishable Under Legal Metrology Act: Allahabad High Court

The Allahabad High Court has held that an accused cannot be prosecuted under Sections 265 (Fraudulent use of false weight and measure) and 266 (being in possession of false weight and measure) of Indian Penal Code for offences covered by the Legal Metrology Act, 2009.Referring to Section 51 of the Legal Metrology Act and the judgment of the Apex Court in State of Uttar Pradesh v. Aman...

Allahabad High Court Orders Action Against Officials Over Delay In Minor Rape Survivor's Compensation; Directs ₹2 Lakh Additional Relief

The Allahabad High Court on Monday slammed the state officials for their 'reprehensible inaction' and 'laissez-faire attitude' in denying compensation to a minor rape victim, compelling her to approach the Court for relief. A Bench of Justice Shekhar B Saraf and Justice Prashant Kumar observed that the very purpose of the State's compensation scheme [Uttar Pradesh Rani Lakshmi...

Entire RTE Act Applicable To Private Unaided Schools, Affiliating Board's Guidelines Can't Be Given Precedence: Allahabad High Court

The Allahabad High Court has held that all provisions of the Right of Children to Free and Compulsory Education Act, 2009 are applicable to private unaided schools and the guidelines of affiliating Board including those pertaining to attendance, are not above the Act.Referring to the judgment of the Supreme Court in Society for Unaided Private Schools of Rajasthan vs. Union of India and...