Surprising That NHRC Orders Inquiry Into UP Madrasas But No Suo-Moto Action On Lynchings, Vigilantism: Allahabad HC's Justice Atul Sreedharan

Justice Atul Sreedharan of the Allahabad High Court has strongly criticised the National Human Rights Commission (NHRC) for prima facie stepping outside its jurisdiction by directing an inquiry into allegations made against 558 aided Madrasas in the State of UP. Justice Vivek Saran, who was also part of the bench, however, disagreed with Justice Sreedharan's remark.For context, Justice...

S. 24 HMA | No Maintenance If Qualified Wife Refrains From Working Just To Burden Husband: Allahabad High Court

The Allahabad High Court has observed that the Courts can deny maintenance under Section 24 of the Hindu Marriage Act [Maintenance Pendente Lite] if a qualified wife capable of earning, refrains from working, only to impose a 'burden' upon her husband.A division bench of Justice Atul Sreedharan and Justice Vivek Saran made this observation while dismissing a first appeal filed by the wife,...

Transgender Persons Extracting Gifts/Money Not Backed By Law; Can't Legitimize 'Badhai' Collection: Allahabad HC

The Allahabad High Court has observed that Kinnars' (transgender persons) customary practice of collecting 'badhai' [gifts/money given on auspicious occasions] has no legitimate or legal backing. A bench of Justice Alok Mathur and Justice Amitabh Kumar Rai observed thus while dismissing a writ petition filed by Rekha Devi, who is a member of the Kinnar (transgender) community. She had...

'Prima Facie No Justification': High Court On NCLT Principal Bench 'Joint Scrutiny' Order For Allahabad Filings

In the matter regarding scrutiny of petitions/ applications filed at the National Company Law Tribunal, Allahabad by the Principal Bench at New Delhi, the Allahabad High Court has observed that since there were no defects pending for scrutiny, prima facie, there was no reason for passing of the 'joint scrutiny' order by the Delhi bench.Perusing the instructions provided by the...

Stop Using 'Court Below' In Official Records, Shift To 'Trial Court': Allahabad HC Directs Registry

The Allahabad High Court recently directed the HC Registry to avoid using terms such as "court below" and "lower court" in official records/procedure.Noting that these phrases do not represent the correct legal terminology, the Court has ordered that the official records must use the term "trial court" or refer directly to the concerned designated court.A bench of Justice Abdul Shahid passed...

POSH Act | Internal Complaint Committee's Report & Recommendations Are Mandatory In Nature: Allahabad High Court

The Allahabad High Court has held that report of the Internal Complaints Committee (ICC) under Section 13 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is mandatory in nature. It held that once the ICC holds the delinquent guilty of sexual harassment, the employer/ district officer must treat sexual harassment as misconduct and...

Rejection Of Bid Despite Relevant Documents Arbitrary, Discriminatory: Allahabad High Court Stays Tender Process

Observing that the bid of the petitioner had been rejected despite providing relevant documents, the Allahabad High Court held that the decision-making process of the tendering authority was discriminatory. Thus, the Court stayed the entire tendering process and forbade the respondents from entering into any contract pursuant to the tender.Noting that the Court does not usually interfere...

'Disturbing Trend': Allahabad HC Slams UP Cops For Investigating Marriages, Chasing Young Couples; Seeks DGP's Action

The Allahabad High Court recently observed that the Police are doing a great disservice by registering FIRs and chasing young couples who have married of their own free will. Flagging the 'disturbing trend' of the Police registering FIRs and investigating consensual marriages instead of probing other crimes, a bench of Justice JJ Munir and Justice Tarun Saxena directed the Director General...

Allahabad HC Alters Murder Conviction Of Family Members For Killing Man Who 'Attempted' To Rape Their Daughter

The Allahabad High Court on Thursday altered the conviction of 4 family members from murder to culpable homicide not amounting to murder, observing that the incident occurred in the heat of passion without premeditation as the deceased attempted to rape the daughter/sister of the accused persons.A bench of Justice Siddhartha Varma and Justice Jai Krishna Upadhyay thus modified the sentence...

Habeas Corpus Plea Not Maintainable Against Custody Ordered By Child Welfare Committee: Allahabad High Court

The Allahabad High Court has reiterated that a Habeas Corpus petition against order of the Child Welfare Committee passed under Section 29(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015. Amongst other, Justice Sandeep Jain relied on the decision of Full Bench of the Allahabad High Court in Rachna and Another vs. State of UP and Others wherein it was held that,“If...

Carrying Passengers Without Tickets Is Serious Misconduct: Allahabad High Court Upholds Termination Of Bus Conductor

The Allahabad High Court has upheld the dismissal of a bus conductor for carrying 59 passengers without ticket, stating that it is a serious misconduct.Petitioner was a conductor of the bus plying from Faizabad to Akbarpur. Upon inspection, it was found that 59 passengers on the bus were travelling without ticket. Petitioner was served with a charge-sheet, show cause notice, and eventually...

Allahabad High Court Dismisses 48-Year-Old Second Appeal For Want Of Substantial Question Of Law

While dismissing a second appeal filed 48 years ago, the Allahabad High Court has held that Court cannot re-appreciate evidence in second appeal when there is no substantial question of law involved. Noting the judgment of Supreme Court in Rusi Fisheries Pvt. Ltd. and another vs. Bhavna Seth and others, Justice Saurabh Shyam Shamshery held,“once this Court has found that no substantial...