Coop. Bank Officers Are 'Public Servants' Under PC Act; Dept Exoneration Without Finding On Merits No Bar To FIR: Allahabad High Court

The Allahabad High Court has clarified that the employees of Co-operative Banks controlled or aided by the government fall squarely within the definition of a 'Public Servant' under the Prevention of Corruption Act, 1988. The Court further said that a 'technical' exoneration in a departmental inquiry, where the Inquiry Officer merely states a lack of competence to investigate the...

UPGST Act | Confiscation Notice U/S 130 Cannot Be Issued For Mere Violation Of Record-Maintenance Requirements U/S 35: Allahabad HC

Recently, the Allahabad High Court reiterated that notices under Section 130 of the Uttar Pradesh Goods and Service Tax Act 2017 for confiscation and levy of penalty, could not be issued for alleged violation of maintenance of accounts and records as required under Section 35 of the Act. It was held that such notices under Section 130 could only be issued once the...

Revision Not Maintainable Against Interlocutory Order Passed In Interim Injunction Application: Allahabad High Court

The Allahabad High Court has held that a revision is not maintainable against an interlocutory order passed in an interim injunction application. It held that the same could be challenged in writ jurisdiction.In 1985, the deceased executed a will in favour of Respondent No. 5. Thereafter, a second and third will were executed in favour of Respondent No. 4 and the petitioner,...

'Something Wrong Somewhere': Allahabad HC Raps Trial Judge For 'Lethargy' In 20 Yr-Old Case Against Elderly Man; Warns Of Action

The Allahabad High Court last week pulled up a trial court in Prayagraj for its 'lethargic' handling of a 20-year-old criminal case, observing that a 73-year-old accused has been 'victimized' due to the court's routine adjournments and the prosecution's failure to produce even a single witness for the past 13 years. Observing that there appears to be "something wrong somewhere" in...

Allahabad High Court Upholds Man's Conviction For Strangling Minor Daughter, Says Charges Proven Despite Mother Turning Hostile

The Allahabad High Court (Lucknow Bench) today upheld the conviction and life imprisonment of a man for the murder of his 17-year-old daughter, who he suspected of having a relationship with a boy from the same locality. A bench of Justice Rajnish Kumar and Justice Rajeev Singh noted that despite the mother of the victim turning hostile during the trial, the chain...

Employee Officiating On Higher Post Entitled To Salary Of That Post Even Sans Formal Promotion : Allahabad High Court

The Allahabad High Court recently observed that an employee who has worked on a higher post in an officiating capacity, though he may not be a regular promote, is entitled to the salary admissible to that higher post for the concerned duration. A Bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra held that denial of salary for the higher post would be "contrary to...

Dissatisfied With Explanation, Allahabad High Court Summons Basic Education Secy For Denying Transfer To Cancer-Stricken Teacher

The Allahabad High Court last week summoned the Secretary of the UP Basic Education Board to appear in person as it expressed dissatisfaction with the officer's explanation for rejecting the transfer request of an Assistant Teacher who is suffering with breast cancer. A bench of Justice Prakash Padia noted that it was "not at all satisfied" with the personal affidavit filed by...

Allahabad High Court Judge Recuses From Hearing Ex-MP Azam Khan's Plea In 2016 Forced Eviction Case

Justice Sameer Jain of the Allahabad High Court on Friday recused himself from hearing a petition filed by Samajwadi Party leader Mohammad Azam Khan related to the 2016 Yatim Khana eviction case in Rampur. Recusing from the case, Justice Jain directed that the court's earlier interim order of staying the trial court from pronouncing a final judgment in the matter, would...

Allahabad High Court Issues Bailable Warrant Against Bijnor DM After She Failed To Act On Notice In Contempt Case

Taking a serious view of the lack of response from the District Magistrate, Bijnor (Jasjit Kaur) in a contempt matter, the Allahabad High Court (Lucknow Bench) on Thursday issued a bailable warrant against her, who also serves as the Chairman of the District Level Caste Scrutiny Committee. A bench of Justice Manish Kumar passed the order after the State's Counsel submitted...

'Dishonesty At All Levels': Why Allahabad High Court Prima Facie Termed UP's Birth Certificate System 'A Mess'?

The Allahabad High Court recently came down heavily on the state's birth certificate issuance system after discovering that a petitioner had procured two different birth certificates showing entirely different dates of birth. Observing that the system reveals the "extent of dishonesty existing at all levels", a bench of Justice Atul Sreedharan and Justice Anish Kumar Gupta...

S. 216 CrPC | Neither Complainant Nor Accused Has Right To Seek Alteration Of Charges; Power Exclusively Confined To Court: Allahabad HC

The Allahabad High Court has observed that the power to alter or add a charge under Section 216 CrPC is 'exclusively confined' to the Court and that no party, neither the complainant nor the accused has any 'vested' right to seek any such addition or alteration of charge A bench of Justice Abdul Shahid thus set aside an order by the Additional District Judge/FTC-II, Varanasi,...

'Criminality Now Stands Washed Off': Allahabad High Court Quashes 2016 POCSO Act Case Noting Accused Married Victim 'Long Way Back'

The Allahabad High Court on Thursday quashed criminal proceedings of a rape case lodged under the POCSO Act and the Indian Penal Code in 2016, noting that the accused had married the prosecutrix 'a long way back'. Observing that the couple is living a happy married life with a child, a bench of Justice Vivek Kumar Singh said that "criminality, if any...now stands washed off” and...