Employee Can't Be Expected To Disprove Charges In Departmental Enquiry; Management Must First Prove Misconduct: Allahabad High Court

The Allahabad High Court has held that in a departmental enquiry, the burden is on the management to first establish the charges and the foundational facts on which they rest, and the delinquent employee cannot be required to disprove allegations that have not been proved against him. The Court set aside the dismissal of a Punjab National Bank officer whose charges were premised on his...

Order VII Rule 14(3) CPC | Closure Of Evidence Doesn't Prevent Court From Allowing Additional Documents At Final Arguments: Allahabad High Court

The Allahabad High Court has held that the mere fact that evidence has been closed and the suit has reached the stage of final arguments does not by itself bar a court from granting leave under Order VII Rule 14(3) of the Code of Civil Procedure, 1908 to bring additional documents on record. It held that such a late request calls for closer scrutiny, but the court must also examine whether...

UP Revenue Code | Examination Of Revenue Officials Not Mandatory Unless State Adopts Rishi Pal Singh Guidelines: Allahabad High Court

The Allahabad High Court has held that the guidelines laid down by its bench in Rishi Pal Singh v. State of U.P. for proceedings under Section 67 of the U.P. Revenue Code, 2006 are not mandatory unless adopted by the State, and an eviction order cannot be assailed merely because they were not followed. Relying on the Coordinate Bench decision in Shahban v. State of U.P., the Court held that...

Allahabad High Court Grants Anticipatory Bail To Lawyer Facing FIR Over Allegedly Fake Law Degree

HC notes University had not definitively confirmed that degree was forged; it had only been returned as 'unverified'

Oudh Bar Elections | No Posters, Processions Or Food Distribution Within HC Premises: Allahabad High Court Directs Candidates

The Allahabad High Court has directed candidates contesting the 2026-27 elections of the Oudh Bar Association not to paste posters or stickers, take out processions or distribute food items within the High Court premises in connection with the elections.A Bench of Justice Rajan Roy and Justice Manjive Shukla also prohibited candidates from distributing handbills and pamphlets to members of...

Doctors Can't Evade Mandatory Govt Service Bond After Subsidized PG Education, But Must Get Counselling Opportunity: Allahabad High Court

The Allahabad High Court has held that a doctor who pursues postgraduate medical education at a government institution at subsidized rates cannot escape a compulsory government service bond merely because of administrative delays in offering a posting after completing the education.At the same time, the Court held that a doctor cannot be denied the opportunity to participate in the...

UP Police Recruitment | Non-Disclosure Of Pending Criminal Case Not Suppression Where Form Only Asked About Conviction: Allahabad High Court

The Allahabad High Court has held that where the online application form for police recruitment only required a candidate to declare that he had never been convicted, his failure to disclose a pending criminal case cannot by itself be treated as a false declaration or deliberate suppression. It held that cancellation of candidature on such ground must reflect consideration of the factors...

Does Divorce On Ground Of Desertion Bar A Wife From Claiming Maintenance U/S 125 CrPC? Allahabad High Court Answers

The Allahabad High Court has held that a divorced woman can claim maintenance under Section 125 CrPC from her former husband even where the divorce was granted on the ground of her desertion, provided she has not remarried and is unable to maintain herself.A bench of Justice Ram Manohar Narayan Mishra made the observation while allowing a criminal revision filed by a woman whose maintenance...

'Falsely Implicated': Allahabad High Court Quashes Case Against 2 Over Nizamuddin Markaz Visit During COVID-19

The Allahabad High Court last week quashed criminal proceedings against two persons who were booked after allegedly visiting the Nizamuddin Markaz in Delhi during the COVID-19 pandemic. The Court observed that they were "falsely implicated" on the basis of "presumption and assumption". A Bench of Justice Dr Gautam Chowdhary thus allowed the Section 528 BNSS plea filed by Faizan and...

Tenant's Plea That Possession Was Never Delivered Requires Evidence; Can't Reject Rent Case Under Order 7 Rule 11: Allahabad High Court

The Allahabad High Court has held that a tenant's plea that possession was never handed over under an executed rent deed, and that no landlord-tenant relationship therefore came into existence, raises a disputed question of fact which cannot be decided on an application under Order VII Rule 11 CPC.Justice Dr. Yogendra Kumar Srivastava held,“The plea of non-delivery of possession raised by...

Urban Land Ceiling Act | Sale Of Surplus Land Rendered Void Under Old Act Can't Be Revived By Repeal Act: Allahabad High Court

The Allahabad High Court has held that sale of surplus land which has been declared void under the Urban Land (Ceiling and Regulation) Act, 1976 cannot be revived by the Urban Land (Ceiling and Regulation) Repeal Act, 1999.Section 10(4) of the Act deems any transfer of excess vacant land made during this period to be null and void. Noting that the Repeal Act is silent on such transfers, the...

Defection | Tenth Schedule Disqualification Is For Being A Member, Not For Contesting Fresh Election: Allahabad High Court

The Allahabad High Court has held that a legislator who voluntarily gives up membership of his political party incurs disqualification under the Tenth Schedule of the Constitution is only in respect of the House of which he is then a member, and is not thereby barred from contesting an election to Parliament. It held that Article 102(2) of the Constitution disqualifies such a person only...