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 Allahabad High Court

UP Regularisation Rules Dont Apply To Employees Of District Rural Development Agencies Working Under Govt Schemes: Allahabad High Court

The Allahabad High Court has held that persons engaged by a District Rural Development Agency (DRDA) cannot claim the benefit of the UP Regularisation of Persons Working on Daily Wages or on Work Charge or on Contract in Government Departments on Group 'C' and Group 'D' Posts (Outside the Purview of the Uttar Pradesh Public Service Commission) Rules, 2016, as the agency is a society...

Allahabad High Court Upholds 10% Cap On SBI Higher Grade Placement, Says Scoring Prescribed Marks Only Creates Right To Consideration

The Allahabad High Court has held that a policy stipulating that officers who score prescribed marks at training “shall be considered” for placement in a higher grade confers only a right to be considered, not a right to be placed in that grade. It held that a cap restricting such placement to the top 10% of a batch, brought in while the batch was still under assessment, did not change...

Active Concealment Of Material Facts By Advocate Interferes With Administration Of Justice: Allahabad High Court

The Allahabad High Court has held that an advocate who withholds material facts within his knowledge and presses a contrary position before the Court is guilty of active concealment which interferes with the administration of justice. It held that such conduct must be distinguished from a statement made in ignorance of the true position, which does not attract the same consequence.The...

Allahabad High Court Finds PIL Petitioner Concealed Earlier Litigation, Made False Declaration; Imposes ₹2L Costs

The Allahabad High Court recently dismissed a Public Interest Litigation (PIL) plea challenging a 2015 tender awarded to a private company for the operation of a municipal slaughterhouse, finding that the petitioner had concealed several previous proceedings concerning the same subject matter and had made a false declaration that no earlier PIL or writ petition had been filed.A Bench of...

S. 304-B IPC | No Proof Of Harassment For Dowry Soon Before Death: Allahabad High Court Acquits Three In 35-Year-Old Case

The Allahabad High Court has held that to sustain a conviction under Section 304-B IPC, the prosecution must prove that the woman was subjected to cruelty or harassment for, or in connection with, a demand for dowry "soon before" her death.A bench of Justice Manoj Bajaj made the observation while allowing 3 criminal appeals arising from the death of a woman in September 1991. The...

Illegal Detention, ₹14L Jewellery Loot Alleged At Police Station: Allahabad High Court Orders SP Inquiry, CCTV Preservation

The Allahabad High Court has directed the Superintendent of Police, Unnao, to conduct an inquiry into allegations of illegal detention and theft of jewellery worth ₹14 lakh, cash and other articles from a person at Police Station Hasanganj in Unnao district.A bench of Justice Rajnish Kumar and Justice Babita Rani passed the order last week while hearing a criminal writ petition in which...

S. 396 IPC | Prosecution Must Establish Dacoity Was First Intention, Murder Committed In Its Course: Allahabad High Court

The Allahabad High Court has held that to sustain a conviction under Section 396 IPC (dacoity with murder), the prosecution must establish that dacoity was the first intention and that the murder was committed in the course of committing the dacoity.A bench of Justice Samit Gopal made the observation while allowing a criminal appeal and acquitting the surviving accused in a 1981 case. The...

S. 313 CrPC | No Adverse Inference Against Accused For Failing To Explain Circumstance Not Put To Him: Allahabad High Court

The Allahabad High Court has observed that no adverse inference could be drawn against an accused for failing to explain a circumstance or piece of evidence on which he was not questioned by the trial Court under Section 313 CrPC.A bench of Justice Subhash Vidyarthi made the observation while allowing 2 connected criminal appeals and acquitting 3 accused who had been convicted under Section...

Sultanpur Bar Association Elections: Allahabad High Court Orders 30% Reservation For Women, Sets Rotation For Key Posts

The Allahabad High Court earlier this month directed the Sultanpur Bar Association to implement a 30% reservation for women advocates in its Executive Committee and Governing Council. The Court ordered that key posts will be reserved for women candidates on a rotational basis in successive elections.A Bench of Justice Rajan Roy and Justice Manjive Shukla passed the directions in a Public...