Allahabad High Court
Acceptance Of Final Report Doesn't Bar Further Investigation: Allahabad High Court
The Allahabad High Court has held that acceptance of a final report by a Judicial Magistrate does not bar the investigating agency from carrying out further investigation under Section 173(8) CrPC.A bench of Justice Vivek Kumar Singh made the observation while dismissing an application challenging an order of the Chief Judicial Magistrate, Mainpuri, which had permitted further investigation in...
UP Tenancy Act | Court Fee On Appeal Must Be Valued On Subject Matter In Dispute, Not Fee Paid Before Rent Authority: Allahabad High Court
The Allahabad High Court has held that an appeal preferred to the Rent Tribunal under Section 35 of the U.P. Regulation of Urban Premises Tenancy Act, 2021 must be valued on the subject matter in dispute in appeal, and not on the court fee paid on the application originally instituted before the Rent Authority.Where a composite decree of eviction, arrears of rent and mesne profits is assailed...
Land Acquisition Act 1894 | Award As Per Court's Direction Can't Be Agitated For Not Computing Market Value Under 2013 Act: Allahabad High Court
The Allahabad High Court has held that an award made under the Land Acquisition Act, 1894 in compliance with a judicial direction to frame it in light of the Supreme Court's decision in Delhi Airtech Services Private Limited and another vs. State of U.P and another cannot be assailed on the ground that the market value ought to have been computed as on 01.01.2014, the date on which the Right...
What Rules Govern Font, Spacing, Margins In Petitions? Allahabad High Court Seeks Registrar General's Report
The Allahabad High Court has sought details of the rules or directives, if any, governing the use of typing font, spacing, signs, and margins while drafting the petition to be presented before the Court.A bench of Justice Ajit Kumar and Justice Garima Prashad sought the details after initially objecting to a petition whose relief clause had been drafted using italicised fonts. The Court...
Fair Compensation Act | State Can't Stay DM's Quasi-Judicial Order On Lapse Of Land Acquisition Without Statutory Power: Allahabad High Court
The Allahabad High Court has held that an order of the District Magistrate deciding a claim of lapse of acquisition under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is quasi-judicial in character, and the State Government cannot stay or nullify it by an executive order. It held that Section 24 confers no power...
UP Secondary Education Act | Appointment Against Fraudulently Created Short-Term Vacancy Can't Be Regularised: Allahabad High Court
The Allahabad High Court has held that Section 33-F of the U.P. Secondary Education Services Selection Board Act, 1982 cannot be invoked to claim substantive appointment where the short term vacancy against which the teacher was appointed was itself fraudulently created.Section 33-F provides for regularisation of appointments made against short term vacancies, entitling teachers appointed...
LPG Distributor Has No Legitimate Expectation To Retain Customers It Enrols On Behalf Of Oil Companies: Allahabad High Court
The Allahabad High Court has held that an LPG distributor has no legitimate expectation to retain customers on its rolls, as those customers are enrolled on behalf of the Oil Marketing Companies and not for the distributor itself. Upholding the Policy on Customer Transfer-Market Restructuring dated 21st Febraury 2025, the Court held that a distributor which has accepted the clauses of the...
Bank Can Recover Loan Dues From Guarantor After Default Without First Proceeding Against Principal Borrower: Allahabad High Court
The Allahabad High Court has clarified that a bank can recover loan dues from a guarantor after the principal borrower defaults without first exhausting its remedies against the principal borrower.Referring to Section 128 Indian Contract Act, 1872 (Surety's liability), a bench of Justice Shekhar B. Saraf and Justice Abdhesh Kumar Chaudhary noted that the liability of the surety is...
'Hydroponic Weed' Is 'Ganja'; Growing Method Does Not Change Its Legal Status: Allahabad High Court Grants Bail In NDPS Case
Allahabad High Court observes that hydroponic weed is cannabis/ganja and its cultivation method does not change its legal status; the Court grants bail after noting that the 2.3 kg recovery was below commercial quantity.
'Non-Application Of Mind': Allahabad High Court Summons Hardoi DM Over Inquiry To Remove Ex-Pradhan Whose Term Expired Over 5 Yrs Ago
The Allahabad High Court has summoned the District Magistrate, Hardoi, Anunaya Jha, to explain why an inquiry committee was constituted by him to conduct proceedings for the removal of a Gram Pradhan 6 years after his term expired.A bench of Justice Rajan Roy and Justice Manjive Shukla passed the direction while hearing a Public Interest Litigation (PIL) plea concerning the inquiry...
State Which Withdraws Special Appeal Is Bound By Findings Of Judgment It Challenged, Can't Re-Agitate Same Grounds: Allahabad High Court
The Allahabad High Court has held that where the State gets its special appeal against a judgment dismissed as not pressed, it accepts the findings of that judgment and is barred from urging the same grounds again in later proceedings between the same parties. It held that an administrative order rejecting a claim on grounds already turned down by the Court amounts to sitting in appeal over...