S. 197 CrPC | Custodial Violence, Molestation Not Police's Official Duty, But Crime: Allahabad High Court Denies Relief To Cops

The Allahabad High Court has upheld the rejection of discharge applications filed by police personnel accused of repeatedly beating people in police custody and molesting women. The Court said that such violence cannot be termed a part of police duty and can only be described as a crime.A bench of Justice Madan Pal Singh observed that persons were allegedly subjected to repeated beatings...

Order 9 Rule 13 CPC | Limitation Must Be Decided Before Setting Aside Ex Parte Decree, Failure A Jurisdictional Error: Allahabad High Court

The Allahabad High Court has held that a court hearing an application to set aside an ex parte decree must decide the question of limitation first, and allowing an application filed 21 years late without any finding on the cause of the delay is a jurisdictional error. It held that until the delay is condoned there is no application before the court in the eye of law.Order IX Rule 13 of the...

Defence In Written Statement Can't Be Converted Into Ground For Rejection Of Plaint Under Order 7 Rule 11 CPC: Allahabad High Court

The Allahabad High Court has held that a defence which, if established, may defeat the plaintiff's claim cannot ordinarily be converted into a ground for rejection of the plaint under Order VII Rule 11(a) of the Code of Civil Procedure. It held that the enquiry rests on the averments in the plaint alone and pleas taken by a defendant in his written statement are not relevant to deciding...

Discriminatory Sugarcane Allocation Below Mill's Requirement Can't Be Justified By Delayed Payments: Allahabad High Court

The Allahabad High Court has held that discriminatory allocation of sugarcane below a mill's estimated requirement cannot be justified on the basis of its low drawl or alleged delay in payment of cane price, particularly where the short allocation itself contributed to the low drawl and affected the mill's ability to make payments.It further held that sugarcane allocation should account for...

UP Police Rules | Delay In Filing Revision Against Punishment Is Condonable Under S. 5 Limitation Act: Allahabad High Court

The Allahabad High Court has held that delay in filing a revision under Rule 23 of the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 is condonable under Section 5 of the Limitation Act, 1963, as the Rules neither expressly exclude the Limitation Act nor create any bar against condonation of delay.Rule 23(1) of the Rules entitles a police officer whose...

Allotment Cancelled After 26 Years 'Total Abuse Of Process': Allahabad High Court Restores Land To Family

The Allahabad High Court has held that an agricultural allotment made in 1987 could not be cancelled under Section 198(4) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 in proceedings started on a private complaint 26 years later, more so where the allottee had by then been recorded as bhumidhar with transferable rights.Section 198(6) of the Act fixes the outer limit for issuing...

Senior Citizens Act | Tribunal Can Evict Children To Protect Elderly's Life & Limb: Allahabad High Court

The Allahabad High Court has held that a Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can order the eviction of children or relatives from a senior citizen's property where that is expedient to protect his life and limb. It held that the power is not expressly conferred by the Act, but arises as an incident of the right to maintenance and...

'Killing The Messenger': Allahabad High Court Stays FIR Against Journalist Who Reported 'Abysmal' Condition Of UP Govt School

The Allahabad High Court recently stayed the operation of an FIR registered against a journalist after he reported the "abysmal condition" of a government school in Lucknow, observing that the criminal case prima facie appeared to be retaliatory action for exposing the shortcomings.A Bench of Justice Abdul Moin and Justice Pramod Kumar Srivastava observed that the FIR appeared to be tantamount...

Mere Registration Of Criminal Case Does Not Mechanically Disqualify A Candidate From Police Service: Allahabad High Court

The Allahabad High Court has held that a candidate cannot be mechanically disqualified from appointment to the police force merely because a criminal case was registered against him. It held that the Government Order dated 28.04.1958, which governs verification of the character and antecedents of State Government recruits, provides for an assessment of the candidate's suitability and does...

'Bunch Of Liars': Allahabad High Court Pulls Up SHO, SP Over Police Station CCTV Lapses; Orders ₹65K Compensation For Illegal Detention

The Allahabad High Court on Wednesday came down heavily on the Station House Officer (SHO) of a Police Station in District Deoria and the concerned Superintendent of Police (SP), questioning them over the failure of the police station CCTV system and the absence of CCTV footage in a case concerning the illegal detention of 4 petitioners for 10 days. During the hearing, a bench of Justice...

Order XXI CPC Not Applicable To Execution Of Eviction Orders Passed Under Section 67 UP Revenue Code: Allahabad High Court

The Allahabad High Court has held that an order of eviction or of compensation passed under Section 67(3) of the U.P. Revenue Code, 2006 cannot be executed through the long drawn procedure prescribed under Order XXI of the Code of Civil Procedure, 1908. It held that the Code of 2006 and the U.P. Revenue Code Rules, 2016 themselves supply the machinery for enforcing such orders.The bench...

Order 39 CPC | Bar On Grant Of Final Relief At Interim Stage Is Not An Absolute Proposition Of Law: Allahabad High Court

The Allahabad High Court has held that the bar on granting relief at the interim stage which resembles the final relief is not an absolute proposition of law and creates no jurisdictional embargo on the grant of a temporary injunction. It held that the question turns on the facts of each case, with the prima facie case tested at a higher level.Justice Jaspreet Singh held,“Thus, to state as...