Allahabad High Court
'Shouldn't Accept Briefs If Too Busy': Allahabad High Court Orders Removal Of Govt Counsel From KDA Panel Over Absence
On Thursday, the Allahabad High Court directed the Vice-Chairman, Kanpur Development Authority (KDA) to remove one of its panel advocates after the counsel failed to appear in court and delegated the matter to a junior colleague. A bench of Justice Rohit Ranjan Agarwal, which was hearing a revenue matter, noted that although the concerned advocate had accepted notice on behalf...
Allahabad High Court Commutes Death Penalty To Life Term For Not Less Than 25 Yrs Sans Remission In Minor Cousin's Rape-Murder Case
The Allahabad High Court on Tuesday (July 29) commuted the death penalty awarded to a man convicted of committing rape and murder of his minor cousin to life imprisonment for not less than 25 years without reprieve or remission of sentence. The Court modified the sentence while observing that the offence was of a heinous and diabolic nature, but it may not be said that brutality...
Burden To Prove That Best Assessment By Income Tax Authorities Is Perverse Is On Assesee: Allahabad High Court
The Allahabad High Court has held that the burden to prove that the findings of best assessment done by the authorities is perverse is on the assesee. The bench of Justice Shekhar B. Saraf and Justice Praveen Kumar Giri held that “when a best assessment is done, it is for the assessee to bring on record the facts that may reveal that the findings are perverse in...
Disciplinary Action | Punishment Order Not Invalid For Mere Non-Mention Of Specifics Of Show Cause Notice: Allahabad High Court
The Allahabad High Court has held that unless there is any clear illegality, punishment order cannot be held to be invalid merely because it does not include all specifics of the show cause notice.The bench of Justice Manju Rani Chauhan held,“This Court is of the opinion that a punishment order cannot be held invalid merely on the ground that it does not specifically mention the details of...
Mere Pendency Of Criminal Case Not Ground For Denying Compassionate Appointment: Allahabad High Court
The Allahabad High Court has held that mere pendency of criminal case cannot be a ground for denying compassionate appointment and the discretion with the employer to grant appointment must be exercised objectively. It further held that the character certificate given by the District Magistrate holds some weightage in considering a person's application for compassionate appointment.Noting...
Allahabad High Court Upholds Right Of Estranged Wife To Receive Family Pension Over Nominated Sons
Recently, the Allahabad High Court has upheld the right of an estranged wife who was receiving maintenance from her husband to receive family pension after his death over the right of the sons who were named as nominees by the husband.Justice Manju Rani Chauhan observed that,“the family pension is statutory and beyond the employee's unilateral control. Family pension is recognized as a...
Competent Authority Can Examine Claims Of Rehabilitation & Resettlement Under National Highways Act, Not Collector: Allahabad High Court
While differing from the earlier judgment of the co-ordinate bench in Ranvir Singh And 35 Others v. National Highway Authority Of India And Competent Authority For Land Acquisition And 2 Others, the Allahabad High Court has held that it is not the Collector but the Competent Authority who has to decide claims regarding rehabilitation and resettlement and declare award for land acquired...
Employee's Salary And Pension Withheld Despite Judicial Order: Allahabad High Court Imposes ₹1 Lakh Cost On State
On Monday, the Allahabad High Court imposed cost of Rs. 1 lakh on the State of U.P. for defying orders of the coordinate bench by not letting the mother of the petitioner continue in service despite the order of the High Court having attained finality.Petitioner's mother had earlier filed a writ petition before the High Court wherein the issue regarding her date of birth was settled and it...
Allahabad High Court 'Surprised' Over Lease Cancellation Based On Advocate's Letter To Dy. CM; Orders Quashed, Lease Restored
On Monday, the Allahabad High Court expressed its 'surprise' that a valid lease granted in favour of 4 individuals (petitioners) had been cancelled solely based on an advocate's letter addressed to the State's Deputy Chief Minister. A bench of Justice Rohit Ranjan Agarwal quashed the lease cancellation orders and restored the lease in favour of the petitioners (Rakesh and...
Criminal Complaints Filed In Heat Of Moment Over Trivial Matrimonial Issues Undermine Institution Of Marriage: Allahabad High Court
The Allahabad High Court recently observed that marriage is an institution of great social relevance, and it gets adversely affected when criminal complaints are lodged in the heat of the moment over trivial matrimonial issues without proper deliberations. A bench of Justice Vikram D. Chauhan added that when such a complaint is filed, the parties do not properly visualise...
UP Zamindari Abolition Act | SDM Can't Hear Land Asami Suit After Name In Revenue Record Is Finalised Under Consolidation Proceedings: Allahabad HC
The Allahabad High Court has held that once a person's name has been recorded in revenue records under consolidations proceedings under the Uttar Pradesh Consolidation of Holdings Act, 1953, proceedings under Section 229B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 for declaration as asami would not be maintainable.Section 49 of the Uttar Pradesh Consolidation of Holdings Act,...