Allahabad High Court
Administrative Authorities Can't Cancel Registered Sale Deed Even On Allegations Of Impersonation/ Fraud: Allahabad High Court
The Allahabad High Court has reiterated that a sale deed registered under the Registration Act, 1908 cannot be set aside by the registering authority or by any authority invoking administrative powers, even where the registration is questioned on the ground of impersonation or fraud. Relying on the Full Bench decision of the Allahabad High Court in Smt. Kusum Lata v. State of U.P.., the bench...
Contract Doesn't Become “Statutory” Merely Because One Party Is An Instrumentality Of State: Allahabad High Court
The Allahabad High Court has held that a contract does not become a “statutory contract” merely because one of the contracting parties is an instrumentality of the State falling within Article 12 of the Constitution of India. It held that where a party's rights arise only from a purely commercial contract, that does not bar the State entity from floating a tender for competition venture,...
'Can't Step Into Shoes Of Approving Authority': Allahabad High Court Rejects Plea For Railway Concrete Sleeper Plant (CSP) Approval
The Allahabad High Court last week dismissed a writ petition filed by M/s Calcutta Springs Limited seeking approval for its proposed Railway Concrete Sleeper Plant (CSP), holding that the Court cannot direct the grant of approval where the statutory process requires technical evaluation by the competent authority. A Bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar...
Why Were Cops 'Mute Spectators'? Allahabad High Court Questions Lucknow Police Over Alleged Inaction During Lawyers' Rampage
The Allahabad High Court (Lucknow Bench) on Wednesday came down heavily on the conduct of the police personnel while hearing a Public Interest Litigation (PIL) plea concerning an incident in Lucknow in which persons allegedly dressed as advocates were accused of trespass, vandalism and hooliganism in the presence of police personnel.Questioning the apparent inaction of the Lucknow...
Allahabad High Court Registers Suo Motu PIL Over Alleged Assault On 3 Lawyers At Lucknow District Court
The Allahabad High Court on Wednesday converted into a separate suo motu Public Interest Litigation PIL the matter concerning the alleged assault on three Delhi-based advocates, including two women lawyers, and their client inside the Lucknow District Court premises (on Tuesday).The Court observed that the issue should no longer remain an interlocutory application IA in a pending criminal...
'In Free Fight, Each Person Is Responsible For Own Act': Allahabad High Court Acquits 4 Women, Upholds Conviction Of 2 Men In 1984 Clash
Observing that when it is not clear from evidence which party was the aggressor in a clash, then it would be deemed that it was a “free fight”, where each person is responsible for their own act, the Allahabad High Court has acquitted 4 women and upheld the conviction of 2 men in a 1984 land dispute case. A bench of Justice Sanjiv Kumar passed the judgment while dealing with an...
No Disciplinary Enquiry Needed To Dismiss Employee Who Obtained Reserved Category Appointment By Forged Caste Certificate: Allahabad High Court
The Allahabad High Court has held that where an appointment to a reserved category post is obtained by producing a forged and fabricated caste certificate, the appointment is void ab initio and the employer need not conduct a full departmental disciplinary enquiry before terminating it.It held that since the appointment was itself an illegal order, issuing a show-cause notice before dismissal...
Limitation To Redeem Usufructuary Mortgage Runs From Payment Of Mortgage Money, Not Date Of Mortgage Deed: Allahabad High Court
The Allahabad High Court has held that limitation for a suit to redeem usufructuary mortgage or recover possession begins to run only when the mortgagor pays or tenders the mortgage money and not from the date on which the mortgage deed is executed.A usufructuary mortgage is one where the mortgagor hands over possession to the mortgagee, who keeps the rents and profits in lieu of interest...
Compassionate Appointee Can't Be Removed For Alleged Suppression Of Facts Already Known To Authorities: Allahabad High Court
The Allahabad High Court has held that a person appointed on compassionate grounds following his mother's death cannot be removed from service on allegations that he concealed his father's government employment, when the authorities were aware of that fact at the time of appointment and had granted him the job after verifying his documents.The Court held that petitioner's termination in...
Absconding To Evade Arrest In Dowry Case: Allahabad High Court Rejects Mother's Habeas Corpus Plea Claiming Son Detained By Wife
The Allahabad High Court has dismissed a habeas corpus writ petition filed by a mother seeking the production of her 35-year-old son after noting that the man is instead absconding to evade arrest in a dowry and harassment case. “The investigation against accused persons have been concluded and a charge sheet has been submitted against the petitioner Omwati and corpus...
ED Free To Act If Illegality Found During Probe Into Disproportionate Assets Complaint Against Rahul Gandhi: Allahabad High Court
The Allahabad High Court on Monday observed that the Enforcement Directorate (ED) is not helpless and may proceed strictly in accordance with the law if its probe into a complaint alleging 'disproportionate assets' against Leader of Opposition Rahul Gandhi reveals any "misdeed or illegal act".Simultaneously, observing that the affidavit filed by the Central Bureau of Investigation (CBI)...