Allahabad High Court
Advocate Not A Mouthpiece Of Client, Should Refrain From Accepting Frivolous Briefs: Allahabad High Court
While refraining from imposing cost on a young advocate, the Allahabad High Court cautioned that advocates are not mere mouthpieces of their clients and they must refrain from accepting frivolous briefs which waste the judicial time.Taking a lenient view as the counsel got enrolled only in 2024, Justice Subhash Vidyarthi observed,“..the learned Counsel should understand that although...
Cognizance After Limitation Impermissible; 'Bona Fide Oversight' & 'Usual Practice' No Excuse For Magistrate: Allahabad High Court
The Allahabad High Court on Monday quashed criminal proceedings in a theft case where cognizance was taken by the Magistrate beyond the mandatory period prescribed under Section 468 CrPC [Bar to taking cognizance after lapse of the period of limitation].The Court took strong exception to the explanation offered by the then Chief Judicial Magistrate, Firozabad, who submitted that, as per the...
Recruitment Rules Can't Defeat Object Of Compassionate Appointment: Allahabad High Court
The Allahabad High Court has held that compassionate appointment is an exception to the general process of recruitment and undue reliance cannot be placed on the recruitment rules to defeat the object of compassionate appointment. The bench of Justice Saumitra Dayal Singh and Justice Indrajeet Shukla held,“Suffice to note that the Recruitment Rules are in furtherance of the requirements...
MACT | Can't Assume Deceased Not Earning Only Because He Is In Class 12th, Must Be Compensated As Unskilled Labour: Allahabad High Court
The Allahabad High Court has held that it cannot be assumed that the deceased in a motor vehicle accident was not earning only because he was a student in Class 12th. It held that compensation for such deceased must be calculated by treating the deceased to be an unskilled workman. Justice Sandeep Jain held,“Merely because the deceased was studying in Class 12, it cannot be presumed that he...
Interim Maintenance | Wife Can Claim Education Expenses; Adverse Inference Possible If Husband Withholds Income Info: Allahabad High Court
The Allahabad High Court recently upheld the claim of a wife who was granted interim maintenance from her husband towards her own educational expenses, observing that her claim for such expenses was prima facie made out.The Court also noted that it is now settled law that the court may draw an adverse inference against a husband who, despite ample opportunity, fails to file an...
NEET-PG 2025 | PIL In Allahabad High Court Against Allowing Counselling For SC/ST/OBC Candidates With 'Minus 40' Marks
A Public Interest Litigation (PIL) plea has been filed in the Allahabad High Court challenging the decision of the National Board of Examinations in Medical Sciences (NBEMS) to allow the counselling of SC/ST/OBC students who scored -40 (Minus 40) out of 800 marks in the NEET-PG 2025 exams.The Petitioner, Advocate Abhinav Gaur, terms the move ultra vires to Article 16(4) of the Constitution...
State Bound To Activate Machinery Against 'Chinese Manjha' During Peak Kite Flying Season : Allahabad High Court
The Allahabad High Court last week observed that the State Government is bound to follow the directions already issued by the HC and ensure that during the period when the kites flying is at its peak, the machinery is activated to ensure that manufacturing, use and sale of the Chinese Manjha does not take place so as to endanger human lives as well as the birds. A bench of Chief Justice...
State Can't Shut Unrecognised Madarsa, But Can Deny Government Grants: Allahabad High Court
The Allahabad High Court has held that there is no provision in law which enables the District Minority Welfare Officer to close operations of an unrecognized Madarsa in the State of Uttar Pradesh.Petitioner, Committee of Management of Madarsa Ahle Sunnat Imam Ahmad Raza, had approached the High Court against the order of the District Minority Welfare Officer, Shrawasti by which the closure...
Panchayat Polls 2026 | PIL In Allahabad High Court Seeks Direction To CM Adityanath To Constitute OBC Commission
A Public Interest Litigation (PIL) plea has been moved before the Allahabad High Court (Lucknow Bench) seeking a direction to the Uttar Pradesh CM, Yogi Adityanath, to decide on the constitution of a dedicated Other Backward Classes (OBC) Commission ahead of the 2026 Panchayat elections. The PIL has been filed by Advocate Moti Lal Yadav, which argues that the proposal to form a...
Indefinite Blacklisting Violates Articles 14 & 19(1)(g): Allahabad High Court Quashes Order Passed Without Considering Defence
Holding that an administrative order cannot be "excessively punitive nor devoid of reasoned legal justification", the Allahabad High Court recently quashed a blacklisting order passed by a District Basic Education Officer (BSA) against a service provider.The bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi held “Debarment has been recognized as a method of disciplining...
POCSO Act | Victim Compensation Can't Be Withheld For Want Of Injury Report: Allahabad High Court
The Allahabad High Court has held that compensation under the Uttar Pradesh Rani Lakshmi Bai Mahila Samman Kosh Rules, 2015 must be granted if the FIR discloses the offence under Section 4 of the Protection of Children from Sexual Offences Act, 2012. It held that merely because no injuries are stated in the injury report, such compensation cannot be denied. The bench of Justice Shekhar B....
Right To Appear In Exams Akin To Right To Life : Allahabad High Court Orders Special Exam For Student Left Out Over Portal Glitch
The Allahabad High Court has observed that the right to appear in an examination is akin to the right to live with human dignity enshrined in Article 21 of the Constitution. Adding that a student's future cannot be jeopardised due to “technical lapses” or administrative inertia, a bench of Justice Vivek Saran directed a Prayagraj-based university to conduct a special examination for...