UP Panchayat Raj Act | Inquiry Against Gram Pradhan For Fund Misuse Not Wiped Out Merely Because Her Tenure Ended: Allahabad High Court

The Allahabad High Court has held that a pending inquiry under Section 95(1)(g) of the U.P. Panchayat Raj Act, 1947 against a Gram Pradhan cannot be treated as infructuous, or allowed to be stalled, merely because her tenure in office has since come to an end. The Court held that such proceedings must be carried to their logical conclusion, given the consequences that survive the end of...

NEET | Debarring Candidate Who Vacates Allotted Medical Seat From Next Session's Admission Process Is Valid: Allahabad High Court

The Allahabad High Court has upheld a Government Order debarring a candidate who leaves a medical seat before completing the course, from the admission process of the subsequent academic session.The Court held that while considering the rights of a candidate seeking to vacate an allotted seat, the rights of another candidate who was denied that seat cannot be lost sight of.The Government...

NDPS Act | IO's Oral Apprehension Of Seized Items Being Drug-Sale Proceeds No Ground To Withhold Them: Allahabad High Court

The Allahabad High Court has held that merely on the basis of the investigating agency's oral apprehension that articles recovered from an accused's personal search could be proceeds of illegal narcotics sale, the accused cannot be deprived of their use.A bench of Justice Dr. Gautam Chowdhary observed thus while setting aside an order of the Varanasi trial court refusing to release gold...

Revenue Entry Not Set Aside By Competent Authority Can't Be Treated As Forged Merely On Allegation: Allahabad High Court

The Allahabad High Court has held that a revenue entry which has not been cancelled, corrected or set aside by a competent revenue authority or court, cannot be treated as forged merely because the opposite party alleges forgery. It held that though such an entry does not by itself create title, its evidentiary effect cannot be ignored altogether, and a party relying on its falsity must...

Appointments Can't Be Cancelled By Appointing Authority Merely On Direction Of State Govt: Allahabad High Court

The Allahabad High Court has held that an appointing authority cannot cancel appointments merely on the direction of the State Government, without applying its own mind. It set aside the termination of Assistant Managers of the U.P. Cooperative Bank whose appointments were cancelled in 2019 after the Principal Secretary, Cooperative, directed that they be cancelled.Justice Rajeev...

Allahabad High Court Says State's “NIL” Dues Claim Must Be Tested Against Department's Own Earlier Admission

The Allahabad High Court has held that where the State asserts, on the strength of a fresh verification exercise, that nothing remains outstanding to a contractor, the writ court is not bound to act on that assertion and must itself check the amounts released against the figure the department had earlier admitted to be payable. The bench of Justice Shekhar B. Saraf and Justice Abdhesh...

Allahabad High Court Rejects Plea For FIR Against Jagadguru Rambhadracharya Over Alleged Remarks Against Upadhyay Community

The Allahabad High Court on Tuesday rejected a plea filed by a practising advocate seeking a direction for registration of an FIR against Jagadguru Rambhadracharya over his alleged remarks concerning the 'Upadhyay' community and revered religious personalities, including the Shankaracharyas. A Bench of Justice Chandra Dhari Singh and Justice Tarun Saxena observed that a person aggrieved...

S. 118 BSA | Allahabad High Court Seeks Inquiry Against Judge For Granting Bail To Husband Ignoring Dowry Death Presumption

The Allahabad High Court on Tuesday recommended an inquiry against a Judicial Officer who granted bail to a husband in a dowry death case, ignoring sufficient material against him as well as the presumption under Section 118 of the Bharatiya Sakshya Adhiniyam (BSA). For context, Section 118 BSA provides a statutory presumption in dowry death cases. It says that where a woman dies...

Lucknow Court Violence | UP Police Intelligence Dept, Not IB, To Conduct Discreet Inquiry Into Advocates; High Court Modifies Order

The Allahabad High Court on Wednesday modified its earlier order in the suo moto Lucknow Court violence case, directing the Intelligence Department of the Uttar Pradesh Police, instead of the Intelligence Bureau (IB), to conduct the discreet inquiry into the antecedents and activities of advocates against whom allegations have been made. A Bench of Justice Rajan Roy and Justice Manjive...

Allahabad High Court Judge Recuses From Contempt Case Against Senior IAS Officer Over 'Attempt To Influence' A Judge

Justice Pramod Kumar Srivastava of the Allahabad High Court on Thursday recused himself from hearing a suo motu criminal contempt matter concerning a senior IAS officer and Devi Patan Mandal Commissioner Durga Shakti Nagpal over allegations that she attempted to influence and intimidate a Judicial Officer.A Bench of Justice Abdul Moin and Justice Pramod Kumar Srivastava directed that the...

Biological Father Can Adopt His Own Illegitimate Son Under 'Hindu Adoption And Maintenance Act': Allahabad High Court

The Allahabad High Court has held that a Hindu male is not prohibited under the Hindu Adoptions and Maintenance Act, 1956, from adopting his own illegitimate son merely because he is the child's biological father.A bench Justice Arun Kumar held so while deciding a second appeal concerning an adoption allegedly made in 1970. The Court upheld the concurrent findings of the courts below that...

Allahabad High Court Flags Inadequately Briefed Govt Counsels, Last-Minute Case Allocation; Seeks UP Law Dept Response

The Allahabad High Court has raised concerns about the manner in which cases are allocated to Government Counsel, observing that files are often handed over at the last minute, leaving counsel with little or no time to prepare for the matter.A bench of Justice Vinod Diwakar said the recurring difficulty was "impeding the course of justice" and observed that merely replacing Government Counsel...