Allahabad High Court
UP Protection Of Trees Act | Opportunity Of Hearing Mandatory Before Rejecting Permission To Cut Trees: Allahabad High Court
The Allahabad High Court has held that under Section 5 of the Uttar Pradesh Protection of Trees Act, 1976, opportunity of hearing is mandatory if the competent authority seeks to reject the application for cutting/ removing or disposing of fallen trees. Perusing Section 5 of the Act which provides the procedure to fell and remove trees, the bench of Justice Atul Sreedharan and Justice...
No Indefeasible Right To Force State To Conclude Exam Process When Papers Leaked May Have Benefited Candidates: Allahabad High Court
In a case of leaked paper and cancelled examination, the Allahabad High Court has held that there is no indefeasible right to force the State to conclude the examination process when papers leaked may have benefited the candidates. While dealing with cancellation of written examinations conducted by U.P. Education Service Selection Commission in which paper was leaked, Justice Saurabh...
Courts Can Extend Time For Disciplinary Proceedings Suo Motu To Ensure Misconduct Doesn't Go Unpunished: Allahabad High Court
The Allahabad High Court has recently held that the Court has suo moto powers to extend the time limit for disciplinary proceedings fixed by an earlier Court to ensure that serious misconduct does not go unpunished. Referring to the decision of the Full Bench of the Allahabad High Court in Abhishek Prabhakar Awasthi v. New India Assurance Company Limited and Others which was affirmed by the...
Punishment U/S 20 RTI Act Can Be Imposed Only When Deliberate Obstruction/ Delay In Providing Information: Allahabad High Court
The Allahabad High Court has held that punishment under Section 20 of the Right to Information Act, 2005 can only be imposed if there is deliberate obstruction or delay in supplying information sought under the RTI Act. It cannot be imposed based on rushed or prejudged decisions which compromise statutory safeguards or rule of law. Referring to Section 20 of the Right to Information Act,...
No Parole For 'Arranging' Children's Marriage Or If Other Criminal Cases Pending: Allahabad High Court Denies Relief To Ex-MLA
The Allahabad High Court has held that a convicted prisoner can't be granted parole merely to arrange or fix the marriage of their children under the Uttar Pradesh (Suspension of Sentence of Prisoners) Rules, 2007. While denying relief to Ex-MLA Angad Yadav, a bench of Justice Rajesh Singh Chauhan and Justice Rajeev Bharti also noted that, as per Rule 1(4)(c) of the 2007 Rules, a prisoner...
Registrar, Sub-Registrar Not 'Court', Section 5 Limitation Act Not Applicable In Proceeding Under Registration Act: Allahabad High Court
The Allahabad High Court has held that the registrar and Sub-Registrar under the Registration Act are not Court and therefore, Section 5 of the Limitation Act will not be applicable to proceedings under the Registration Act. Justice Irshad Ali held“..the office of Registrar, Additional Registrar or the Sub Registrar may not be treated as a Court. Accordingly the provision contained in Section...
Allahabad High Court Relies On Victim-Wife's Testimony To Uphold Man's Conviction In 1983 Attempt To Murder Case
The Allahabad High Court last week upheld the conviction and 7-year rigorous imprisonment of a man who shot his wife in February 1983 inside their matrimonial home over an unfulfilled dowry demand for a motorcycle. Dismissing the husband's criminal appeal filed in 1985, the Court relied heavily on the testimony of the injured wife, terming her a "sterling witness" whose evidence was...
S. 482 CrPC Plea Not Maintainable Against NIA Court's Refusal To Discharge Even If State Police Probed Scheduled Offence: Allahabad HC
The Allahabad High Court has ruled that an application under Section 482 CrPC or Section 528 BNSS is not maintainable against an order refusing discharge passed by a Special Court under the National Investigation Agency (NIA) Act, even if the state police investigated the scheduled offenceThe Court held that the remedy against such orders is to file a statutory appeal under Section 21(1) of...
Order XLI Rule 27 CPC Inapplicable In Appeal Against Order Of Temporary Injunction: Allahabad High Court
The Allahabad High Court has held that Order XLI Rule 27 C.P.C., which restricts parties form adducing additional evidence before appellate Courts, is not applicable in appeals against order of temporary injunction by the Trial Court. Referring to Order XLI Rule 27 C.P.C, Justice Subhash Vidyarthi held “the aforesaid Rule applies to filing of additional evidence in appeal, after the...
'Gang' In Western UP Insuring Persons On Deathbed; Police Uncooperative: HDFC Life Submits Before Allahabad High Court
HDFC Life Insurance Company has submitted before the Allahabad High Court that an organised gang is operating in Western Uttar Pradesh, which manages to secure life insurance policies for individuals already on their deathbeds or who have died. The company also submitted that, despite complaints, in most of these cases, the Police do not cooperate by conducting a fair investigation to...
Mutation Cannot Be Allowed Based On Sale Deed Allegedly Executed 45 Years Ago: Allahabad High Court
The Allahabad High Court has held that even though there is no limitation for mutation in revenue records, the same cannot be allowed based on sale deed allegedly executed 45 years ago. Justice Chandra Kumar Rai observed“It is material to mention that mutation application have been filed by the private respondents after more than 45 years on the basis of sale deed alleged to be executed...
Surety For Succession Certificate Not Required Where There Is Sole Heir And No Competing Claims: Allahabad High Court
The Allahabad High Court has held that condition of surety for grant of succession certificate under section 375 of the Indian Succession Act, 1925 cannot be imposed mechanically in all cases. It held that in cases where their is a sole heir or no objection is being raised regarding grant of certificate to one heir, such conditions must not be imposed. Section 372 of the Indian Succession...