PITNDPS Act | Detenu Must Be Specifically Informed Of Right To Represent To Detaining Authority: Allahabad High Court

The Allahabad High Court has held that a person detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPS Act) must be specifically informed of his right to make a representation to the detaining authority.The Court held that merely informing a detenu of his right to make a representation to the State Government is insufficient, even where...

Suit Not Liable To Dismissal For Want Of Permission To Sue In Representative Capacity, But Outcome Binds Only Parties: Allahabad High Court

The Allahabad High Court has held that a suit filed in a representative capacity under Order 1 Rule 8 CPC is not liable to be dismissed merely because the permission of the Court was never sought. It held that the only consequence is that it is treated as a suit by the plaintiffs alone, binding only the parties to it.Justice Saurabh Shyam Shamshery held,“As referred above, purpose of Order...

'Fruit Of Poisonous Tree': Subsequent Arrest, Remand Cannot Cure Illegal Detention, Holds Allahabad High Court; Awards ₹30K Compensation

Applying the 'Fruit of the Poisonous Tree' doctrine in the context of constitutional protections under Articles 21 and 22, the Allahabad High Court has held that a subsequent formal arrest and remand cannot legitimize an earlier illegal detention.A Bench of Justice Atul Sreedharan and Justice Achal Sachdev held that where the initial detention of a person is unlawful, a subsequent arrest, even...

Allahabad High Court Initiates Suo Motu PIL Over Town Planning Gaps, Says Amenities Must Be Planned For Future Needs

The Allahabad High Court has initiated a suo motu Public Interest Litigation (PIL) into gaps in town planning, particularly the failure to earmark space for garbage dumping/collection and to install transformers while preparing layout plans for cities, towns, and colonies.A Bench of Justice Rajan Roy and Justice Manjive Shukla observed that the issue requires consideration because it...

Marital Estrangement Not By Itself Ground For Abortion Under MTP Rules: Allahabad High Court Dismisses Woman's Plea

The Allahabad High Court has held that marital estrangement, by itself, cannot be treated as a ground for medical termination of pregnancy under the Medical Termination of Pregnancy Rules, 2003 (as amended in 2021). The Court said ordinary matrimonial differences cannot be equated with a change in marital status, such as 'divorce' or 'widowhood', which Rule 3B(c) specifically mentions in...

Mandatory ANPR Cameras At NCR Petrol Pumps: Allahabad High Court Questions State's Power To Force Retailers To Bear The Cost

The Allahabad High Court last week questioned whether petrol and diesel retail outlet owners in the National Capital Region (NCR) can be compelled to bear the cost of installing Automatic Number Plate Recognition (ANPR) cameras pursuant to a State Government direction issued in compliance with directions of the Commission for Air Quality Management (CAQM).A bench of Justice JJ Munir and...

Acting Contrary To Departmental Expectation Not Misconduct If It Was A Bonafide Exercise Of Judgment: Allahabad High Court

The Allahabad High Court has held that an officer who acts in good faith, with no trace of corrupt intent or personal gain, is not guilty of misconduct merely because the stand he took ran contrary to what his department expected of him. Quashing the charge sheet issued to a senior officer who gave his “no objection” to a C.B.I. closure report before the Special (CBI) Court, Kolkata,...

UP Police Fail To Trace Missing Woman Of Unsound Mind For Over 2 Years, Allahabad High Court Transfers Probe To CBI

The Allahabad High Court has transferred to the Central Bureau of Investigation (CBI) the investigation into the disappearance of a 42-year-old woman after the Uttar Pradesh Police failed to trace her for more than two years. A bench of Justice Sandeep Jain passed the direction after noting that despite the best efforts made by the police personnel, the woman, Sudama Devi, could not be traced...

Don't Interfere With 5-Time Azan At Saharanpur Mosque If Noise Rules Followed: Allahabad High Court Directs Police

Petitioners had sought permission to use loudspeakers for Azan, claiming authorities were interfering with 5-time Azan.

Allahabad High Court Releases Hindi E-Booklet Of Supreme Court Judgment In Just Right For Children Case

The Allahabad High Court has released the sixth edition of its 'Historical Judgments in e-Booklet Form', featuring the Hindi translation of the Supreme Court's judgment in Just Right for Children Alliance & Anr. v. S. Harish & Ors.The e-booklet, based on the judgment dated September 23, 2024, passed by the Supreme Court in Criminal Appeal Nos. 2161-2162 of 2024, was launched on...

Madarsa Teacher Can't Be Denied Gratuity Merely For Not Exercising Option To Retire At 60: Allahabad High Court

The Allahabad High Court has held that a madarsa teacher cannot be denied gratuity merely on the ground that she did not exercise the option to retire at the age of 60 years and continued in service till she was 62. Having permitted her to serve the extended period, it held, the authorities could not rely on that very continuation to withhold her retiral dues. Justice Irshad...

Article 22(1) | Initial Arrest/Remand Can Be Challenged Only Till S. 167 CrPC Stage; Not After Charges Are Framed: Allahabad High Court

The Allahabad High Court has held that a challenge alleging violation of Fundamental Right under Article 22(1) of the Constitution (non-communication of grounds of arrest) in relation to the initial arrest and remand can only be raised during the stage governed by Section 167 CrPC, and not at a subsequent stage after charges have been framed.A bench of Justice Manish Mathur made this...