Seized Vehicle Used By UP Cops For Raid, Later Involved In Fatal Accident; Allahabad High Court Orders DGP Inquiry

The Allahabad High Court has directed the Director General of Police (DGP), Uttar Pradesh, to conduct an independent and discreet inquiry into the circumstances in which a vehicle seized in an excise case was taken out of police custody for a police raid and subsequently involved in a fatal accident.The Court observed that the circumstances surrounding the removal and use of the seized...

Pregnant Woman Dies In Train Accident; Allahabad High Court Orders Separate ₹8 Lakh Compensation For Loss Of Unborn Child

The Allahabad High Court has ordered payment of a separate ₹8 lakh compensation for the loss of an unborn child after a pregnant woman died in a railway accident. The bench reiterated that an unborn child of more than five months in the womb is to be treated as a child in existence for the purpose of compensation. The Court started that the death of the 7-month-old foetus was...

Employer Can't Convert Duly Selected Employee Against Sanctioned Post Into 'Perpetual Contractual Employee' By Nomenclature: Allahabad High Court

The Allahabad High Court has held that where a person is selected through an advertisement for a regular vacancy against a sanctioned post under the applicable service rules, the employer cannot later treat him as a contractual employee merely by describing his engagement as ad hoc or contractual in successive orders. It held that an employee who accepts consolidated remuneration out of...

State Can't Cancel Finalised Tender Due To Its Own Error In Mentioning Performance Bank Guarantee: Allahabad High Court

The Allahabad High Court has held that a tendering authority cannot cancel a tender at an advanced stage merely because it had wrongly fixed the Performance Bank Guarantee (ePBG) in the bid document. It held that the ePBG is a performance security with no bearing on a bidder's eligibility or ranking, and an error in it can be corrected without re-tendering.The bench of Justice Shekhar B....

Allahabad High Court Allows 'The Wire' Editor Siddharth Varadarajan To Travel To US; Notes Trial Yet To Begin In FIRs Lodged In 2020

Court also accepts Varadarajan's unconditional apology for not surrendering Passport

Allahabad High Court Acquits Woman, Alleged Paramour In Husband's Murder Case; Says CDR Can't Alone Prove Accused Was With Deceased

The Allahabad High Court has acquitted a woman and her alleged paramour in a murder case involving her husband, holding that the prosecution failed to establish a complete chain of circumstantial evidence connecting them with the crime.A Bench of Justice Siddhartha Varma and Justice Jai Krishna Upadhyay set aside the judgment of the trial court, which had convicted Hasnera alias Shabana...

Allahabad High Court Questions Grant Of Anticipatory Bail To Accused For Only 30 Days, Seeks Trial Judge's Explanation

The Allahabad High Court last week questioned a trial court's order granting anticipatory bail to 3 accused persons for a limited period of only 30 days, without disclosing any specific reason for restricting the protection to such a short period.The Court has called for a proper explanation from the concerned Presiding Officer.A bench of Justice Madan Pal Singh was hearing an application...

Can Bank Recover Deceased Husband's Loan From Life Insurance Money Received By Widow? Allahabad High Court Takes Prima Facie View

The Allahabad High Court has directed the State Bank of India (SBI) to refund ₹17,29,999 deducted from a widow's bank account towards the outstanding personal loan of her deceased husband, holding prima facie that the bank could not recover its dues from the life insurance proceeds received by her.A Bench of Justice JJ Munir and Justice Indrajeet Shukla was hearing a writ petition filed by...

'Played With Her Life': Allahabad High Court Orders Inquiry Into C-Section Performed On Rape Survivor Despite Termination Order

Doctors prima facie guilty of "deliberate negligence", says HC; Questions who authorized C-section after induction method failed

Allahabad High Court Acquits Mother Sentenced To Death For Killing 3 Children, Finds Child Witness's Testimony 'Tutored'

The Allahabad High Court has acquitted a mother who was sentenced to death for killing her three children while stating that the prosecution had failed to establish their guilt beyond a reasonable doubt. The Court found that the testimony of the 8-year-old surviving child witness suffered from "irreconcilable contradictions" and exhibited "clear hallmarks of tutoring". A Bench of...

Employee Can't Be Expected To Disprove Charges In Departmental Enquiry; Management Must First Prove Misconduct: Allahabad High Court

The Allahabad High Court has held that in a departmental enquiry, the burden is on the management to first establish the charges and the foundational facts on which they rest, and the delinquent employee cannot be required to disprove allegations that have not been proved against him. The Court set aside the dismissal of a Punjab National Bank officer whose charges were premised on his...

Order VII Rule 14(3) CPC | Closure Of Evidence Doesn't Prevent Court From Allowing Additional Documents At Final Arguments: Allahabad High Court

The Allahabad High Court has held that the mere fact that evidence has been closed and the suit has reached the stage of final arguments does not by itself bar a court from granting leave under Order VII Rule 14(3) of the Code of Civil Procedure, 1908 to bring additional documents on record. It held that such a late request calls for closer scrutiny, but the court must also examine whether...