Allahabad High Court
HC Rule Barring Special Appeal Yields To Natural Justice; Appeal Maintainable Against Non-Speaking Single Judge Order: Allahabad High Court
The Allahabad High Court has held that a special appeal is maintainable against a non-speaking order passed by a Single Judge, notwithstanding the bar contained in the Allahabad High Court Rules, 1952. It held that the requirement to record reasons is a facet of natural justice, and that the bar created by Rule 5 must yield to it.Rule 5 of Chapter VIII of the Rules, 1952 bars a special...
Writ Of Mandamus Can't Be Issued For Non-Registration Of Criminal Case, BNSS Provides Efficacious Remedy: Allahabad High Court
The Allahabad High Court has held that a writ of mandamus cannot be issued in favour of a petitioner who is unable to show a legal right in himself and a corresponding public duty cast by law upon the authority. It held that where the grievance is in substance one of non-registration of a criminal case, the petitioner has an efficacious statutory remedy under Chapter XIII of the Bharatiya...
Executive Circular Can't Override Statutory Right Of Primary School Teachers To Salary: Allahabad High Court
The Allahabad High Court has held that Clause 10 of the Circular dated 03.05.1982 issued by the Director of Education (Basic), U.P., being only an executive instruction, cannot cut down the right to salary conferred by Section 10 of the U.P. Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 on teachers of the primary section of an institution running Classes I...
Administrative Authorities Can't Cancel Registered Sale Deed Even On Allegations Of Impersonation/ Fraud: Allahabad High Court
The Allahabad High Court has reiterated that a sale deed registered under the Registration Act, 1908 cannot be set aside by the registering authority or by any authority invoking administrative powers, even where the registration is questioned on the ground of impersonation or fraud. Relying on the Full Bench decision of the Allahabad High Court in Smt. Kusum Lata v. State of U.P.., the bench...
Contract Doesn't Become “Statutory” Merely Because One Party Is An Instrumentality Of State: Allahabad High Court
The Allahabad High Court has held that a contract does not become a “statutory contract” merely because one of the contracting parties is an instrumentality of the State falling within Article 12 of the Constitution of India. It held that where a party's rights arise only from a purely commercial contract, that does not bar the State entity from floating a tender for competition venture,...
'Can't Step Into Shoes Of Approving Authority': Allahabad High Court Rejects Plea For Railway Concrete Sleeper Plant (CSP) Approval
The Allahabad High Court last week dismissed a writ petition filed by M/s Calcutta Springs Limited seeking approval for its proposed Railway Concrete Sleeper Plant (CSP), holding that the Court cannot direct the grant of approval where the statutory process requires technical evaluation by the competent authority. A Bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar...
Why Were Cops 'Mute Spectators'? Allahabad High Court Questions Lucknow Police Over Alleged Inaction During Lawyers' Rampage
The Allahabad High Court (Lucknow Bench) on Wednesday came down heavily on the conduct of the police personnel while hearing a Public Interest Litigation (PIL) plea concerning an incident in Lucknow in which persons allegedly dressed as advocates were accused of trespass, vandalism and hooliganism in the presence of police personnel.Questioning the apparent inaction of the Lucknow...
Allahabad High Court Registers Suo Motu PIL Over Alleged Assault On 3 Lawyers At Lucknow District Court
The Allahabad High Court on Wednesday converted into a separate suo motu Public Interest Litigation PIL the matter concerning the alleged assault on three Delhi-based advocates, including two women lawyers, and their client inside the Lucknow District Court premises (on Tuesday).The Court observed that the issue should no longer remain an interlocutory application IA in a pending criminal...
'In Free Fight, Each Person Is Responsible For Own Act': Allahabad High Court Acquits 4 Women, Upholds Conviction Of 2 Men In 1984 Clash
Observing that when it is not clear from evidence which party was the aggressor in a clash, then it would be deemed that it was a “free fight”, where each person is responsible for their own act, the Allahabad High Court has acquitted 4 women and upheld the conviction of 2 men in a 1984 land dispute case. A bench of Justice Sanjiv Kumar passed the judgment while dealing with an...
No Disciplinary Enquiry Needed To Dismiss Employee Who Obtained Reserved Category Appointment By Forged Caste Certificate: Allahabad High Court
The Allahabad High Court has held that where an appointment to a reserved category post is obtained by producing a forged and fabricated caste certificate, the appointment is void ab initio and the employer need not conduct a full departmental disciplinary enquiry before terminating it.It held that since the appointment was itself an illegal order, issuing a show-cause notice before dismissal...