UP Tenancy Act | Third Party Claiming Independent Title Not A Necessary Or Proper Party To Eviction Proceedings: Allahabad High Court

The Allahabad High Court has held that a third party asserting an independent title adverse to the landlord is neither a necessary nor a proper party to proceedings under Section 21 of the U.P. Regulation of Urban Premises Tenancy Act, 2021.It held that questions of title cannot be brought into eviction proceedings through an application for impleadment under Order I Rule 10 of the Code of...

Fair Price Shop Dealership | Married Daughter Can't Be Denied Compassionate Appointment Solely Due To Marital Status: Allahabad High Court

The Allahabad High Court has held that a married daughter is included within the definition of “family” under the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 and cannot be refused appointment as a fair price shop dealer on compassionate grounds only because she is married. It held that she is entitled to be considered subject to fulfilling...

1976 Amendment To UP Ceiling Act Is Retrospective, Fresh Determination Of Surplus Land Not Barred By Res Judicata: Allahabad High Court

The Allahabad High Court has held that a decision rendered before 10th October 1975 does not operate as res judicata to bar fresh adjudication of surplus land under the U.P. Imposition of Ceiling on Land Holdings Act, 1960, as amended by the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1976.The Court observed that Section 38-B of the Act insulates fresh adjudication...

Not Every Procedural Irregularity Vitiates An Arbitral Award: Allahabad High Court

The Allahabad High Court at Lucknow has recently held that not every procedural irregularity would vitiate an arbitral award or justify interference under Sections 34 or 37 of the Arbitration and Conciliation Act, 1996. A Division Bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh made the ruling in a dispute between the U.P. State Highways Authority and the...

50K Final Reports Pending For Orders In Lucknow Courts Alone: High Court Cites 'Indifference' Of Presiding Officers, Seeks Statewide Data

The Allahabad High Court last week expressed serious concern over the prolonged pendency of final reports in criminal cases across Uttar Pradesh. The Court noted that approximately 50,000 matters involving final reports are pending for orders in the Lucknow judgeship alone.Observing that such delays adversely affect the administration of criminal justice, a bench of Justice Tej Pratap...

UP Education Act | List Of Teachers Issued By Principal Not Seniority List; No Acquiescence For Failure To Object: Allahabad High Court

The Allahabad High Court has held that a list merely setting out the particulars of teachers working in an institution, issued by the Principal or by any authority other than the Committee of Management, cannot be treated as a seniority list under Regulation 3(1) of Chapter II of the Regulations framed under the U.P. Intermediate Education Act, 1921. It held that where no seniority list has...

Allahabad High Court Rejects PIL Seeking Enforcement Of Court Sitting Hours; Says Mandamus Against HC Judges Can't Be 'Countenanced'

The Allahabad High Court on Tuesday dismissed a Public Interest Litigation (PIL) petition seeking to enforce a 2008 Full Court resolution prescribing court sitting hours. The bench said that a writ of mandamus directed against judges of the High Court "cannot be countenanced".A Bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra also observed that the petition filed by...

Police Have No Business Being 'Nosy Parkers': Allahabad High Court Quashes FIR, Slams Probe Into Consenting Adults' Marriage

The Allahabad High Court on Monday quashed an FIR lodged against a man accused of abducting a major woman who had voluntarily married him, observing that the police had no business being "nosy parkers" and investigating the marriage between two consenting adults."We have repeatedly reminded the Police that it is no business of theirs to investigate marriages. They ought investigate crimes....

Suspension Of Sentence Plea Needn't Get Preference If Parties Are Ready To Argue Appeal/ Revision On Merits: Allahabad High Court

The Allahabad High Court has held that where the parties are ready to argue the criminal appeal or the criminal revision on merits, the application for suspension of sentence may not be given preference over final disposal of the criminal appeal or the criminal revision."As per our considered opinion, endeavour of the Court should be to decide the criminal appeal at the earliest if parties...

Surcharge Recovery From Pradhan For Loss Caused To Gram Sabha Fund Must Follow Procedure Under Panchayat Raj Act: Allahabad High Court

The Allahabad High Court has held that surcharge under Section 27 of the U.P. Panchayat Raj Act, 1947 can be levied on a Pradhan only on an inquiry conducted by the Chief Audit Officer, Cooperative Societies and Panchayats. It held that an inquiry held by a committee constituted by the District Magistrate is without jurisdiction and vitiates the recovery order founded on it.Section 27 of the...

Cooperative Bank Can't Recover More Than Double The Principal From Farmer-Borrowers Till Reform Committee Reports: Allahabad High Court

The Allahabad High Court has directed the Uttar Pradesh Sahkari Gram Vikas Bank Ltd. not to recover from any borrower an amount exceeding double the principal loan amount till an expert committee on cooperative banking reforms, ordered to be constituted by the Court, concludes its proceedings. The Uttar Pradesh Sahkari Gram Vikas Bank Ltd, set up in 1959 and registered under the Sahkari...

Lucknow Court Violence | High Court Orders IB Inquiry Into 4 Accused Advocates, Says It's Time To Identify 'Black Sheep' In Bar

The Allahabad High Court on Tuesday ordered a discreet inquiry by the Intelligence Bureau (IB) into the antecedents and activities of 4 advocates accused of assaulting a litigant inside the Lucknow district court premises on July 21. The Court also directed them to disclose their Income Tax Returns (ITR) of the last 10 years, assets, businesses and property transactions.The directions came in...