Allahabad High Court
Ex-Parte Administrative Order Can't Undo Mutation Carried Out Pursuant To Competent Court's Decree: Allahabad High Court
The Allahabad High Court has held that an order recording a mutation (Parwana Amaldaramad) which gives effect to a decree of a competent court that has attained finality, cannot be recalled by an administrative order. While dealing with a case where the order of mutation was set aside ex-parte after lapse of 24 years, without issuing notices to the party, Justice Prakash Padia...
Govt Servant Can't Challenge Denial Of Salary For Period Of Unauthorised Absence Regularised To Enable Voluntary Retirement: Allahabad High Court
The Allahabad High Court has deprecated the conduct of a government servant who secured voluntary retirement, by the regularization of his unauthorized absence from duty through a sanction of leave without pay, but still challenged the denial of salary for the period of absence. The bench of Justice Alok Mathur and Justice Amitabh Kumar Rai held,“The conduct of the petitioner amounts...
S.47 CPC | Executing Court Can Correct Clerical Misdescription Of Suit Property In Decree: Allahabad High Court
The Allahabad High Court has held that an executing court can correct a clerical or typographical misdescription of the suit property in a decree in exercise of its powers under Section 47 of the Code of Civil Procedure. It held that such correction is not confined to the court which passed the decree. Justice Manish Kumar Nigam held, “Where the terms of the decree are clear and...
Challenge To Sessions Judge's Transfer Order Lies Under Section 482 CrPC, Not Section 407: Allahabad High Court
The Allahabad High Court has held that where a Sessions Judge allows an application to transfer a criminal case under Section 408 CrPC, the person aggrieved by that order cannot challenge it by filing a fresh transfer application under Section 407 CrPC. It held that order allowing transfer can only be challenged before the High Court under Section 482 CrPC.For context, Section 408 CrPC...
Krishna Janmabhoomi Dispute | Plea Seeks Ban On Entry, 'Kar Seva' At The Site: Allahabad High Court Seeks DM, SSP's Sealed-Cover Report
In the ongoing Sri Krishna Janmbhumi title dispute cases, an application has been moved before the Allahabad High Court seeking directions to the Authorities to restrain any person or group from entering the disputed property to hold meetings, perform "Kar Seva," or organise any function. The application has been moved by Ashutosh Maharaj, who claims to be the President of Sri...
POCSO | Can Penetration Be Inferred From Alleged Bleeding When Medical Report Shows No Injury? Allahabad High Court Answers
The Allahabad High Court has observed that the absence of injuries does not, by itself, disprove allegations of rape or penetrative sexual assault; however, inferring penetration from alleged bleeding becomes highly doubtful when a contemporaneous medical report completely rules out any bodily injury without a satisfactory explanation.A bench of Justice Salil Kumar Rai and Justice Vinai...
'Tarikh Pe Tarikh' Cannot Be Hallmark Of Criminal Justice: Allahabad High Court Decries 24-Yr Delay In Kidnapping Trial
The Allahabad High Court on Tuesday took serious exception to a criminal trial pending in a Kidnapping case for the past 24+ years, observing that the oft-quoted expression "तारीख पे तारीख" (Tareekh pe tareekh) is not expected to become the hallmark of the criminal justice delivery system. "For years together, the proceedings remained dormant without any...
Why Allahabad High Court Transferred Probe In ₹6.33 Crore Fraud FIR Against Former MLC Haji Iqbal From UP STF To SFIO
The Allahabad High Court on Thursday transferred an investigation from Uttar Pradesh Special Task Force (UP STF) to the Serious Fraud Investigation Office (SFIO) against former Member of Legislative Council (MLC) Haji Iqbal alias Bala in connection with an alleged ₹6.33 crore real estate fraud. A Bench of Justice Chandra Dhari Singh and Justice Lakshmi Kant Shukla also refused to...
Inspection & Testing Procedure Under Legal Metrology Rules Mandatory Before Action Against Manufacturer: Allahabad High Court
The Allahabad High Court has held that the inspection and testing procedure prescribed under Rules 19 and 21 of the Legal Metrology (Packaged Commodity) Rules, 2011 are mandatory in nature before proceeding against the manufacturer. Rule 19 of the Legal Metrology (Packaged Commodity) Rules, 2011 provides for inspection of quantity and error in packages at the premises of the manufacturer...
