PDS Godown | 20% Rent Hike Ceiling Can't Be Applied Indirectly Where Government Order Held Inapplicable: Allahabad High Court

The Allahabad High Court has held that an authority which itself holds a government order inapplicable to a party cannot then fix rent on the strength of justification certificates founded on the very clause of that order. It held that what cannot be done directly cannot be permitted to be done indirectly.Clause 14 of the Government Order dated 02.05.2018 caps enhancement of rent at 20% of...

S. 125 CrPC | Both Parents Must Contribute To Child's Maintenance As Per Means; Earning Mother Can't Disclaim Duty: Allahabad High Court

The Allahabad High Court has held that the responsibility for maintaining a minor child cannot be fastened exclusively on either parent, observing that both parents are ordinarily required to contribute towards the child's maintenance according to their respective means and financial capacity.The Court further held that an earning mother cannot altogether disclaim her responsibility to...

UP Tenancy Act | Sixty-Day Timeline To Decide Rent Case Is Directory, Not Mandatory: Allahabad High Court

The Allahabad High Court has held that the sixty-day timeline for disposal of cases by the Rent Authority and the Rent Tribunal under Section 33(2) of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 is directory and not mandatory in nature.Section 33(2) of the Act requires the Rent Authority or the Rent Tribunal to endeavour to dispose of a case as expeditiously as possible...

Ad Hoc Appointee Cannot Be Directly Confirmed In Service Without Going Through Statutory Regularization: Allahabad High Court

The Allahabad High Court has held that an employee appointed on an ad hoc basis cannot be directly confirmed in service. It held that a confirmation order which is not traceable to any recruitment, service or regularization rules is void ab initio and confers no legally enforceable right.The Court held that an ad hoc appointment made outside the prescribed recruitment rules is only a...

Motor Accident | Insurance Policy Mentioning '1+1' Covers Driver, Passenger Despite RC Showing Single Seat: Allahabad High Court

The Allahabad High Court has held that an insurance company which issued a policy recording the seating capacity of a tractor as “1+1” and received premium on that basis cannot afterwards deny liability for the death of a passenger by relying on the registration certificate, which showed the seating capacity as one person.Justice Prashant Kumar held,“The Insurance Company cannot now...

Before Shifting Minor's Custody Over Disrupted Schooling, Court Must Explore If Studies Can Continue Without Changing Custody: Allahabad High Court

The Allahabad High Court has set aside an order handing over custody of a ten-year-old girl to her father, holding that where the only reason for shifting custody was the interruption of the child's schooling, the Court was first required to examine whether her studies could continue while she remained with her mother, particularly when the child had said she wished to live with the...

NLU Prayagraj Caste Discrimination Case: High Court Chief Justice Recuses From Hearing Professor's Appeal Against Single Judge Order

Allahabad High Court Chief Justice Arun Bhansali today recused himself from hearing an appeal filed by a professor against the Single Judge's order directing an inquiry by Judicial Officers into allegations of caste-based humiliation and discrimination at Dr. Rajendra Prasad National Law University, Prayagraj.Chief Justice Bhansali is the Chancellor of the University.The appeal was listed...

Can A Dowry Death Case Be Quashed Because Woman Allegedly Died Of Heart Attack? Allahabad High Court Answers

The Allahabad High Court has refused to quash a dowry death case against a mother-in-law, holding that the fact that a woman died from shock resulting from myocardial infarction (heart attack) could not, by itself, be treated as conclusive proof at the quashing stage that her death was purely natural.A bench of Justice Chawan Prakash observed that where a young woman dies within seven years...

Hookah Bars | Food Safety Dept, Municipal Corporations Cannot Issue Licences; Police Can Enforce COTPA: Allahabad High Court

The Allahabad High Court has held that neither the Food Safety and Drug Administration nor the Municipal Corporation has jurisdiction to issue licences for or otherwise regulate hookah bars in Uttar Pradesh.The bench, however, clarified that the police are empowered under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce,...

Allahabad High Court Stays Arrest Of CJP Member In UP Police FIR Over 'Dilapidated' Govt School Video

The Allahabad High Court on Monday granted interim protection and stayed the arrest of a student and member of the Cockroach Janata Party (CJP) who moved the HC against a UP Police FIR filed against him after he allegedly recorded and circulated on social media a video showing the condition of a Government Primary School in Farrukhabad.A division bench of Justice Salil Kumar Rai and Justice...

Allahabad High Court Judge Pens Poem Drawing From His Smoking Experience In Law School, Urges Youth To Shun Tobacco

In an interesting epilogue to its 90-page judgment holding that hookah bars cannot operate in Uttar Pradesh by rendering hookah services in Designated Smoking Areas, Allahabad High Court judge Justice Shekhar B Saraf penned a poem drawing from his own experience of smoking and urging the younger generation not to fall prey to tobacco addiction.The poem came at the end of the judgment in which...

Hookah Bars Can't Operate In UP Even In Designated Smoking Areas: Allahabad High Court Says 'Right To Clean Air' Overrides Right To Trade

The Allahabad High Court has held that hookah bars cannot operate in Uttar Pradesh and hookah services can not be provided even in "Designated Smoking Areas". The Court stressed that the right of non-smokers to breathe clean air in a public place cannot be abridged by the commercial interests of an establishment claiming a right to trade.A Bench of Justice Shekhar B Saraf and Justice...