Act Within 3 Months: Allahabad High Court Slams UP Govt Over 'Unnecessary Resistance' To Relocating Hathras Victim's Family

The Allahabad High Court on Monday directed the Uttar Pradesh Government to rehabilitate and relocate the family of the Hathras gang rape and murder victim to Ghaziabad or Noida within 3 months, after finding "unnecessary resistance" on the State's part in complying with its earlier directions.A Bench of Justice Rajan Roy and Justice Jaspreet Singh observed that the State's decision...

Setting Aside Of Quasi-Judicial Order Can't By Itself Lead To Disciplinary Action Against Officer Who Passed It: Allahabad High Court

The Allahabad High Court has held that the setting aside of a quasi-judicial order by a writ court does not by itself justify disciplinary proceedings against the officer who passed it under the All India Services (Conduct) Rules, 1968. Such proceedings can be directed only where clear, cogent and verifiable facts establish misconduct.The bench of Justice Alok Mathur and Justice Amitabh Kumar...

Clarificatory Circular Issued After Complaint But Before Decision Governs Pending Public Tender Complaint: Allahabad High Court

The Allahabad High Court has held that a clarificatory circular which comes into force after a complaint against a co-bidder is lodged, but before that complaint is finally decided, ordinarily governs the pending complaint. It held that such a circular would not apply only where it unsettles a right that has already crystallised, or where it is shown to have been framed to defeat an...

'State Cannot Sit In Slumber': Allahabad High Court Flags Rising E-Rickshaw Traffic Problem In Lucknow, Seeks Govt Policy

The Allahabad High Court (Lucknow Bench) has flagged the rising number of e-rickshaws in Lucknow, observing that their increasing presence on city roads is creating a "huge traffic problem" and that the State "cannot sit in a state of slumber" on the issue.A Bench of Justice Alok Mathur and Justice Amitabh Kumar Rai said the issue is 'serious' and needs to be dealt with expeditiously by framing...

Interim Protection Can Be Granted To Tenant Even Before Condoning Delay In Appeal Against Eviction Is Condoned: Allahabad High Court

The Allahabad High Court has held that an appellate court does not lose its power to grant interim protection in an appeal merely because the application for condonation of delay filed with that appeal is still undecided. An order preserving the subject matter of a proposed appeal, it held, stands apart from an order entertaining or deciding it.Dr. Justice Yogendra Kumar Srivastava...

Father Can't Be Denied Custody Of Minor Daughter Unless Shown Unfit To Be Her Guardian: Allahabad High Court

The Allahabad High Court has held that a father, being the natural guardian of his minor daughter under Section 6 of the Hindu Minority and Guardianship Act, 1956, cannot be denied her custody unless he is shown to be unfit to be her guardian. The bench of Justice Saral Srivastava and Justice Sudhanshu Chauhan held,“In view of the provisions of Section 6 of the Hindu Minority and...

Debarring A Firm In Perpetuity Contrary To Supreme Court Rulings, 'Flagrant Disregard' Of Article 144: Allahabad High Court

The Allahabad High Court has held that State authorities who blacklist a firm for an indefinite period in the teeth of the law laid down by the Supreme Court act in flagrant disregard of the constitutional mandate under Article 144 of the Constitution.Article 144 provides that all authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court. The Court held...

Allahabad High Court Doubts Narrative Of Police Encounter, Orders CBI Probe

The Allahabad High Court has questioned a recurring pattern in police encounter cases where police personnel allegedly escape unhurt while a single shot fired by the police ends up hitting the accused in the knee or below.The Court made the observation while finding serious doubts in the prosecution's account of an alleged police encounter involving an accused who was shot in both legs....

Hamirpur 'Gen Alpha' Protest | Allahabad High Court Asks Forest Dept To Issue NOC For Road To School 'With Expedition'

Dealing with a suo motu matter concerning the plight of more than 200 'Gen Alpha' schoolchildren in Hamirpur, the Allahabad High Court on Monday directed the Forest Department to issue the requisite No Objection Certificate (NOC) for construction of a 1.6-kilometre road stretch leading to their school "with expedition".A Bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra...

'Corruption Allegations Frequent': Allahabad High Court Flags 'Disturbing' Circumstances In UP Basic Education Dept

The Allahabad High Court has flagged what it described as "disturbing circumstances" prevailing in Uttar Pradesh's Basic Education Department, observing that allegations of corruption and illegal gratification are frequently brought to its notice.A bench of Justice Manju Rani Chauhan made the observation while considering an application seeking withdrawal of a writ petition that had...

Allahabad High Court Flags Police Non-Compliance With S. 105 BNSS Videography Mandate For Search & Seizure

The Allahabad High Court (Lucknow Bench) recently flagged police non-compliance with the statutory mandate under Section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, requiring audio-video recording of search and seizure proceedings. A bench of Justice Rajeev Bharti made the observation while granting interim anticipatory bail to four accused in a case under Sections 3/5A/8 of...

Hijab Not Essential Part Of Islamic Faith: Allahabad High Court Dismisses Muslim Girl's Plea To Wear It With School Uniform

The Allahabad High Court last week dismissed a minor Muslim student's plea seeking permission to wear a Hijab (headscarf) with her school uniform, observing that the petitioner had failed to place sufficient material to establish that wearing a headscarf was an essential religious practice of the Islamic faith. A Bench of Justice JJ Munir and Justice Indrajeet Shukla also held that a...