Allahabad High Court
Entitlement To Family Pension Flows From Service Rules, Not General Law Of Succession: Allahabad High Court
The Allahabad High Court has held that a court dealing with an application for a succession certificate under Section 372 of the Indian Succession Act cannot finally decide who is entitled to family pension, gratuity and other retiral benefits of a deceased employee. It held that such entitlement flows from the service rules governing the benefit and must be decided by the competent...
Contract Workers Must Prove Their Work Matches With Regular Employees In Quality & Sensitivity For Equal Pay : Allahabad High Court
The Allahabad High Court has held that workmen engaged on a contractual basis may claim equal pay for equal work if they show that they were actually performing the work of regularly appointed employees of the post, but the burden of proving parity in duties and responsibilities lies on them. It held that such workmen must establish through oral and documentary evidence that their work was...
Child Kept Away From Mother Can't Form 'Intelligent Preference': Allahabad High Court Directs Grandmother To Handover Custody
The Allahabad High Court has held that a child of tender age who has been kept away from his mother cannot give an intelligent preference on custody, and his wish to stay with the relatives who raised him cannot outweigh the claim of the mother as his natural guardian. It held that merely because the grandmother had looked after the child, she could not be said to have a better claim to...
Specific UGC Qualifications For Business Administration Faculty Override General Eligibility Criteria: Allahabad High Court
The Allahabad High Court has held that where the First Statutes of a university prescribe specific minimum qualifications for teachers of Management/Business Administration, those qualifications govern the selection, and the general criteria for the faculty under which the department is placed cannot be applied instead.The General Eligibility Criteria in Statute 11.03.01 of the First Statutes...
45 Years After Murder Conviction, Allahabad High Court Finds 2 Life Convicts Were 'Juveniles'; Remits Sentencing To JJB
The Allahabad High Court on Wednesday set aside the life sentences awarded to 2 men convicted in a 1980 murder case after finding that they were juveniles on the date of the offence, nearly 45 years after their conviction by the trial court.A bench of Justice Abdul Moin and Justice Pramod Kumar Srivastava upheld their convictions but remitted the matter to the jurisdictional Juvenile...
S. 125 CrPC | Allahabad High Court Seeks Chief Justice's Consideration Of Rules For Notice To Alleged Co-Adulterer In Maintenance Cases
Observing that a specifically named alleged co-adulterer must be given an opportunity to be heard before the court records an adverse finding against him in maintenance proceedings under Section 125 CrPC, the Allahabad High Court on Tuesday urged the Chief Justice to consider framing rules governing notice to such a person.A bench of Justice Lakshmi Kant Shukla said that a judicial...
JJ Rules | Regular FIR Can't Be Lodged Against Juveniles For 'Serious Offences': Allahabad High Court Quashes FIR Against 2 Minors
The Allahabad High Court has observed that registration of a regular First Information Report (FIR) against Juveniles for "serious offences" is impermissible as per Rule 8 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016.The Court thus quashed the entire criminal proceedings initiated against two juveniles for the alleged offenses of 'Aggravated Criminal...
Allahabad High Court Directs UP Panchayat Elections Within 3 Months Under Existing 27% OBC Quota, Says Commission Inquiry Can't Delay Polls
The Allahabad High Court has directed the Uttar Pradesh Government and the State Election Commission (SEC) to complete Panchayat elections in the State within 3 months under the existing reservation arrangement, including 27 % reservation for Other Backward Classes (OBCs).The bench said the polls cannot be delayed pending the Dedicated Backward Classes Commission's inquiry, report or the...
Execution Not A Nullity Merely Because Name Of Deceased Joint Decree-Holder Figures In Execution Application: Allahabad High Court
The Allahabad High Court has held that an execution proceeding is not rendered a nullity merely because the name of a joint decree-holder who had died before its institution continued to be shown in the execution application, where the execution was invoked by a surviving joint decree-holder competent to execute the whole decree.Order XXI Rule 15 of the Code of Civil Procedure permits any one...
'Sordid State Of Affairs': Allahabad High Court Says UP Police Are A 'Law Unto Themselves', Declares Man's Detention Unlawful
The Allahabad High Court has once again criticized the Uttar Pradesh Police over the unlawful detention of a man before his formal arrest, observing that the police appeared to be acting as a "law unto themselves". A Bench of Justice Atul Sreedharan and Justice Achal Sachdev allowed a habeas corpus petition filed by a man while holding his detention in police custody to be 'unlawful'. The...
Writ Petition Not Maintainable Once Statutory Revision Against Same Order Is Withdrawn As 'Not Pressed': Allahabad High Court
The Allahabad High Court has held that a writ petition under Article 226 is not maintainable where the petitioner had already challenged the same order in a statutory revision and then got the revision concluded as “not pressed”. Such a withdrawal, it held, amounts to abandonment of the claim and attracts the Rule of Public Policy.The Rule of Public Policy, as the Court explained it, bars...