Allahabad High Court Initiates Contempt Against UP's Principal Food Secretary For Disobeying Judicial Orders

The Allahabad High Court has ordered registration of contempt of court proceedings against Principal Secretary, Department of Food and Civil Supply, Government of U.P. , Ranvir Prasad, for not complying with the orders of a coordinate division bench regarding commencement of arbitration within the stipulated time and also for stating that the arbitration was not maintainable in view...

Rules Allowing Claims Tribunal To Withhold Compensation Based On Claimant's Literacy, Financial Condition Violate Article 14: Allahabad High Court

The Allahabad High Court has held that Rules 5.1 and 5.4.1(i) and (ii) of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, which allow the Railway Claims Tribunal to release only a part of the awarded compensation and park the rest in fixed deposit depending on the claimant's literacy and financial condition, discriminate between claimants and violate Article 14...

Deemed Approval Cannot Validate Teacher's Appointment Made In Disregard Of Mandatory Reservation Conditions: Allahabad High Court

The Allahabad High Court has held that deeming provision under Rule 10(5)(iii) of the Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 cannot be used to validate the appointment of a teacher which was made without following the mandatory reservation conditions attached to the post. Justice Manju...

Urban Ceiling Act | Original Landowner Did Not Challenge Dispossession, Heirs Can't Seek Relief After 22 Years: Allahabad High Court

The Allahabad High Court has held that where the original tenure holder was dispossessed under Section 10(5) or Section 10(6) of the U.P. Urban (Ceiling and Regulation) Act, 1976 and took no steps against the dispossession, his legal heirs cannot seek a writ of mandamus for correction of revenue entries or claim the benefit of the Urban Land (Ceiling and Regulation) Repeal Act, 1999. It...

Non-Disclosure Of Previous Cancelled Appointment No Ground To Annul Later Appointment Secured On Genuine Qualifications: Allahabad High Court

The Allahabad High Court has held that an appointment obtained on the strength of genuine qualifications cannot be cancelled merely because the appointee did not disclose that an earlier appointment of his had been cancelled, where that fact had no bearing on his eligibility or selection. It held that such non-disclosure can justify cancellation only if a clear and direct link...

Agreement To Sell With Landlord Doesn't By Itself End Tenancy Or Turn Tenant's Possession Into Part Performance: Allahabad High Court

The Allahabad High Court has held that where a tenant enters into an agreement to purchase the tenanted property from his landlord, the mere execution of the agreement does not bring the tenancy to an end, nor does it make the tenant's possession one in part performance of the agreement under Section 53-A of the Transfer of Property Act, 1882. It held that the tenant must prove that the...

CJP Member Moves Allahabad High Court Against UP Police FIR Over Video Showing 'Dilapidated' Govt School

A student and member of the Cockroach Janata Party (CJP) has approached the Allahabad High Court seeking quashing of an FIR registered against him after he allegedly recorded and circulated on social media a video showing the condition of a Government Primary School in Farrukhabad.The petition filed by Gaurav Bharti @ Gaurav Kumar challenges the FIR lodged on August 19 under Sections 352 and...

Objective Test For Compassionate Appointment Applicants Reasonable When Vacancies Are Limited: Allahabad High Court

The Allahabad High Court has held that where more dependants apply for compassionate appointment than there are posts earmarked for them, requiring the candidates to sit in an objective type test is not an unreasonable way of choosing between them. It rejected the challenge to the note appended to rule 5(1) of the Uttar Pradesh Sub-Inspector and Inspector (Civil Police) Service Rules, 2015,...

Forged TET Certificate Renders Appointment Void Ab Initio, No Regular Departmental Enquiry Needed Before Termination: Allahabad High Court

The Allahabad High Court has held that where the certificate on which a public appointment rests is found to be forged, the appointment is void ab initio and its cancellation is not a punitive termination attracting the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999. It held that a show-cause notice and compliance with the broad principles of natural justice...

SBI Illegally Debits ₹19.90 Lakh From Widow's FD For Husband's Loan: Allahabad High Court Orders Refund, ₹1 Lakh Compensation

The Allahabad High Court last week directed the State Bank of India (SBI) to refund ₹19,90,693 that it had debited from a widow's fixed deposit towards her deceased husband's outstanding personal loan and to pay ₹1 Lakh as compensation.The Court held that the Bank had no legal basis to recover the husband's dues straightaway from the wife's account. A Bench of Justice Shekhar B. Saraf...

Attempt-To-Murder Accused Gets Short-Term Bail From Allahabad High Court To Take UP Home Guard Physical Test

The Allahabad High Court (Lucknow Bench) on Monday granted short-term bail to an attempt to murder accused lodged in jail to enable him to appear for the UP Homeguard recruitment physical test.The Court directed that he be released from jail at 4:30 AM and remain in police custody throughout the period. A bench of Justice Rajeev Bharti passed the order in a short-term bail application moved...

'Sad State Of Affairs': Allahabad High Court Slams SP, DM Over Failure To Display Fairness In Gang Chart Approval

The Allahabad High Court on Tuesday slammed the Superintendent of Police (SP) and District Magistrate (DM) posted in Bahraich district for being 'unmindful' of Constitutional Court Judgments requiring application of mind and display of fairness while approving gang charts under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.A bench of Justice Manish Mathur...