Allahabad High Court
Ad-Hoc Service Can't Be Ignored For Promotion If Appointment Was Not Illegal: Allahabad High Court
The Allahabad High Court has held that ad-hoc service of an employee cannot be ignored by the government for promotion if appointment was not illegal. It also held that promotion must be awarded to an employee, whose claim was illegally ignored, from the date on which his juniors were given promotion. Holding that an ad-hoc appointment made pursuant to the rules can at best be irregular and...
Mere Relationship With A 'Gangster' No Ground To Attach Property; Crime-Acquisition Nexus Essential: Allahabad High Court
The Allahabad High Court recently set aside the attachment of immovable property belonging to one Mansoor Ansari, the cousin of gangster Mukhtar Ansari, as it observed that the State failed to establish any nexus between the commission of any offence and the construction of the building/shops in question. A bench of Justice Raj Beer Singh clarified that the State cannot seize...
'Shocking': Allahabad HC Raps Medical Board For Insensitive Counseling Of Pregnant Minor; Orders DALSA To Oversee Fresh Report
Last week, the Allahabad High Court pulled up the medical board and the Chief Medical Officer (CMO), Hathras, while dealing with a time-sensitive writ petition seeking medical termination of pregnancy at an advanced stage of about 30 weeks, for its insensitivity towards the minor victim. The bench of Justice Atul Sreedharan and Justice Siddharth Nandan observed thus: "Today, the learned...
All Citizens Must Be Treated Equally: Allahabad High Court To UP Govt Over Namaz 'Restrictions' On Private Property
The Allahabad High Court on Monday once again questioned the Uttar Pradesh Government on whether restrictions could be imposed on members of the Muslim community offering Namaz on private property, as the HC orally remarked that the rule of law must treat all citizens equally.During the hearing of a writ petition challenging alleged restrictions on offering Namaz during Ramzan in...
Can't Restrict Number Of Namaz Worshipers On Law & Order Ground; Resign If Unable To Do Duty : Allahabad High Court To Sambhal SP, Collector
The Allahabad High Court recently rejected the Uttar Pradesh administration's decision restricting the number of persons offering Namaz during Ramzan at a mosque in Sambhal district, observing that maintaining law and order is the responsibility of the State.In an order passed on February 27, a bench of Justice Atul Sreedharan and Justice Siddharth Nandan remarked that if the Superintendent...
Allahabad HC Orders Protection For Man Allegedly Stopped From Namaz At Home; Says State Will Be Accountable For Any Harm To Him Or His Property
The Allahabad High Court has ordered round the clock security for a Muslim man from Bareilly who was allegedly stopped from offering Namaz inside his private house.The division bench of Justice Atul Sreedharan and Justice Siddharth Nandan ordered two armed guards 24/7 shall protect Haseen Khan, and "any incident of violence that afflicts him or his property shall be prima facie understood to...
British Citizenship Row | Allahabad High Court Summons Complete Record Of MHA's 2019 Notice To Rahul Gandhi
The Allahabad High Court on Monday summoned the complete record related to the 2019 notice issued by the Ministry of Home Affairs to the Leader of the Opposition in the Lok Sabha, Rahul Gandhi. For context, following a complaint by BJP MP Subramanian Swamy, the MHA had asked Gandhi, on April 29, 2019, to provide the "factual position" regarding his citizenship. In his 2015 complaint, Dr...
Prima Facie No Offence U/S 153-A IPC: Allahabad HC Grants Relief To 'The Wire' MD S. Varadarajan In Mosque Demolition Report Case
The Allahabad High Court on Tuesday stayed further criminal proceedings against Siddharth Varadarajan, the Managing Director of the online news portal 'The Wire', in connection with a 2021 FIR lodged in Barabanki district. The FIR, which also implicated a cameraman and an anchor associated with the platform, alleges that 'The Wire' had spread animosity in society and thereby...
Courts Not Bound To Mechanically Direct FIRs U/S 173(4) BNSS Merely Because Victim Belongs To SC/ST Community: Allahabad HC
The Allahabad High Court has observed that a Special Court or Magistrate is not automatically bound to direct registration of an FIR on an application filed under Section 173(4) BNSS merely because the applicant belongs to the Scheduled Caste or Scheduled Tribe community. A bench of Justice Anil Kumar-X added that the Court has to first evaluate the allegations placed before it...
Allahabad High Court Refuses To Entertain Plea Against AIIMS Recruitment Advertisement, Says Remedy Lies Before CAT
The Allahabad High Court has recently held that a writ petition against recruitment advertisement by All India Institute of Medical Science, Raebareli is not maintainable. While dismissing the writ petition, Justice Shree Prakash Singh relied on the decisions of the Supreme Court in L. Chandra Kumar V. Union Of India to hold that,“...the tribunals created under Article 323A and 323B of...
State Can't Deny Snakebite Death Compensation On Technicalities Like Inconclusive Postmortem Report: Allahabad High Court
The Allahabad High Court has held that death by snake bite entitles dependents for ex-gratia relief from the State Disaster Relief Fund. The bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi held,“it is evident that the government notification dated 02.08.2018 clearly recognizes death due to snake bite as a circumstance entitling the dependents of the deceased to ex gratia relief....
Marks In Public Recruitment Exams Not Confidential, Can Be Disclosed Under RTI Act Without Third-Party Consent: Allahabad High Court
The Allahabad High Court has held that information on marks in public exams is not confidential information and does not require consent of the third party, whose marks are sought by the RTI applicant under the Right to Information Act, 2005. The bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi held,“Marks obtained by a candidate, if information regarding that is sought by...