Allahabad High Court Grants Interim Relief To SRM University, Its Officials In FIR Alleging Law Courses Run Sans Approval

The Allahabad High Court on September 10 granted interim protection from coercive action to Shri Ramswaroop Memorial University, Barabanki and its officials, including the Registrar, in connection with an FIR alleging that the University had admitted students and conducted examinations in law courses without valid approval. A bench of Justice Rajesh Singh Chauhan and Justice Syed...

Water Act | Pollution Control Board Has Authority To Impose Environmental Compensation: Allahabad High Court Reiterates

The Allahabad High Court has reiterated that Pollution Control Board has the authority and jurisdiction to impose environmental compensation, in this case under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974.The bench of Justice Rajan Roy and Justice Manjive Shukla relied on Indian Council for Enviro Legal Action etc. vs. Union of India and others etc. where the...

Even If Workman's Written Statement Is Not Rebutted, Labour Court Must Consider Evidence Before Passing Award: Allahabad High Court

The Allahabad High Court has held that even if no rebuttal has been filed to the workman's written statement, the Labour Court must look at the evidence and apply its judicial mind while passing the order. It held that merely because of Rule 12 (9) of the U.P. Industrial Disputes Rules, 1957, the evidence cannot be ignored, and the award cannot be passed solely based on the averments made by...

Allahabad High Court Denies Bail To Man Accused Of Insulting National Flag On FB By Making A Dog Sit Upon It

The Allahabad High Court has rejected the bail plea of a man accused of uploading an image insulting the Indian National Flag by making a dog sit upon it, along with posting allegedly 'pro-Pakistan' content on his Facebook account. A bench of Justice Sanjay Kumar Singh observed that such posts were 'provocative', 'objectionable' and 'capable of inciting communal disharmony', and...

State Can Clarify 'Equivalence Of Qualification' For Recruitment Even After Commencement Of Selection Process: Allahabad High Court

The Allahabad High Court has held that the State Government is competent to clarify its position regarding 'equivalence of qualification' for recruitment to a post, even after commencement of selection process.While dealing with the issue of status of the qualification of Post Graduate Diploma in Computer Application ('PGDCA') issued by Ewing Christian College, Allahabad which is an...

Students' Education Affected: Allahabad High Court Flags Poor Telecom Network In Indo-Nepal Border Areas; Seeks Corrective Measures

The Allahabad High Court (Lucknow Bench) on Monday raised serious concern over the absence of proper telecom facilities in Bahraich's Chakujot village and adjoining Indo-Nepal border areas. The court observed that poor connectivity is affecting students' education and forcing them to rely on Nepalese mobile networks, which also poses a security threat. Thus, a bench of Justice...

Allahabad High Court Seeks Stand Of UOI & UP Govt On Holding Of Caste-Based Rallies By Political Parties

The Allahabad High Court (Lucknow Bench) last week directed the Union of India and the Uttar Pradesh government to file their response to a 2013 Public Interest Litigation (PIL) plea, specifically indicating their stand regarding the holding of caste-based rallies by political parties. A bench of Justice Rajan Roy and Justice Manjive Shukla passed this order on a PIL plea filed...

Can't Order DNA Test Of Rape Survivor And Child Routinely, Has Serious Social Consequences: Allahabad High Court

The Allahabad High Court has held that DNA test of a rape survivor and her child cannot be ordered in a routine manner as it has serious social consequences.While dealing with challenge to rejection of DNA test of the prosecutrix and her child, Justice Rajeev Misra held,“in an offence under Section 376 IPC, the paternity of the child is not required to be looked into...the DNA test of...

Allahabad High Court Sets Aside Order Summoning Journalists On Lawyer's Defamation Complaint Over Brij Bhushan's Letters To CM

The Allahabad High Court (Lucknow Bench) last week set aside a summoning order passed by the Special CJM Court in Lucknow against two journalists in a defamation complaint filed by a lawyer over the alleged publication of the ex-BJP MP Brij Bhushan Sharan Singh's letter to the CM. For context, in the said letter, the lawyer in question was alleged to have been defamed. Thus, he moved...

[CGST Act] Tax Officers Expected To Know Law Laid Down By Higher Courts: Allahabad High Court

While calling for personal affidavit from Principal Secretary, Institutional Finance, Government of U.P., Lucknow explaining the conduct of the tax officers in the State in not following the orders of the High Court, the Allahabad High Court observed that the Officers must know the law. Justice Piyush Agrawal observed that “While it is expected from the citizen to know law, the...

PIL In Allahabad High Court Seeks Action Against UP Cops For 'Assault' On Protesting Law Students At Barabanki's SRM University

A Public Interest Litigation (PIL) plea has been moved in the Allahabad High Court seeking action against the UP Police officials for allegedly committing brutality against law students who were peacefully protesting against the running of 'unrecognised' law courses by Shri Ramswaroop Memorial University in the State's Barabanki district. The petition, filed by Advocate Ashish...

Every OTS Scheme Is Time-Bound; Borrower Has No Vested Right To Seek Extension: Allahabad High Court

The Allahabad High Court recently dismissed a writ petition filed by M/s Jaharveer Maharaj Agro Pvt. Ltd., while holding that every 'One Time Settlement' (OTS) scheme is 'time-bound' and a borrower has no vested right to seek an extension beyond the period prescribed under the said scheme. A Bench of Justice Shekhar B Saraf and Justice Praveen Kumar Giri observed that in...