Lucknow Fire Tragedy | Allahabad High Court Seeks Comprehensive Reply From UP Govt As State Says Fire Safety SOP 'Almost Ready'

The Allahabad High Court has sought a comprehensive response from the UP Government in the Public Interest Litigation (PIL) plea concerning the Lucknow coaching centre devastating fire tragedy that claimed 15 lives in June this year, after the State informed the Court that the proposed Standard Operating Procedure (SOP) on fire safety is "almost ready". Recording the submission made by...

No Beef Found, No Evidence Of Transport For Slaughter: Allahabad High Court Orders ₹4.75 Lakh Compensation Over Illegal Vehicle Confiscation

The Allahabad High Court on Wednesday quashed the confiscation order of an illegally confiscated vehicle under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, as it noted that the authorities proceeded entirely on assumptions that the bovine animals were being transported outside Uttar Pradesh for slaughter.A bench of Justice Sandeep Jain noted that neither any beef nor remains...

Police Constable Can't Be Dismissed Solely On Conviction, Disciplinary Authority Must Consider Conduct Which Led To It: Allahabad High Court

The Allahabad High Court has held that a police officer cannot be dismissed from service under Rule 8(2)(a) of the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 merely because he stands convicted on a criminal charge, unless the disciplinary authority has first considered the conduct which led to that conviction. It held that such consideration is a...

PC Act | Strong Suspicion, Not Proof Of Guilt, Is Required At Stage Of Framing Charges: Allahabad High Court Refuses Relief To Ex-GST Officer

Refusing relief to a former GST Official in a Corruption case, the Allahabad High Court on Wednesday observed that at the stage of framing charges, the court is only concerned with a "strong suspicion" that the accused has committed an offence and the final test of proof of guilt is not to be applied."…at the stage of consideration of question of discharge of the accused/ revisionist a...

Municipal Bodies Can't Recover Rent Dues As Arrears Of Land Revenue, May File Civil Suit: Allahabad High Court

The Allahabad High Court has held that arrears of rent due to a Nagar Palika Parishad from its tenant cannot be recovered as arrears of land revenue, as such rent is a contractual due and not a tax.Section 173-A of the Uttar Pradesh Municipalities Act, 1916 permits a Municipality to apply to the Collector for recovery, as if it were an arrear of land revenue, of any sum due to a board on...

UP Police Rules | Agreeing With Inquiry Report Before Seeking Employee's Reply Doesn't Vitiate Disciplinary Proceedings: Allahabad High Court

The Allahabad High Court has held that a disciplinary authority's expression of agreement with the findings of the inquiry officer, recorded in the show cause notice, does not vitiate the punishment order that follows. It held that such agreement is a pre-condition for issuing the show cause notice at all.It observed that the inquiry officer's recommendation of punishment is...

Teacher Posted On Research Duty Not Entitled To Continue Service Till End Of Academic Session After Retirement: Allahabad High Court

The Allahabad High Court has held that continuation in service till the end of the academic session after superannuation is a concession and not a vested statutory right, and can be claimed only by a teacher who is actually engaged in regular teaching. It held that an Associate Professor of an agricultural university who had been posted as In-charge of a research station could not claim...

Allahabad High Court Orders Fresh Notices Before Demolition Of Illegally Constructed Lawyers' Chambers In Lucknow

The Allahabad High Court has granted one last opportunity to 72 alleged encroachers, most of whom are advocates, to either vacate chambers allegedly constructed on public pathway/public utility land near the Lucknow District Court complex or establish their valid claim over the same, failing which the Lucknow Municipal Corporation (LMC) has been directed to demolish them.A bench of Justice...

Preventive Detention Orders Passed Without Application Of Mind 'Deplorable': Allahabad High Court Urges Union Govt To Redress Situation

The Allahabad High Court has termed as 'deplorable' the passing of preventive detention orders without application of mind and without reference to the "grounds of detention". It, therefore, urged the Union Government to redress the situation at the earliest in the larger interest of the criminal justice delivery system.A Bench of Justice Siddharth and Justice Vinai Kumar Dwivedi made...

Duty To Maintain Courtesy Towards Colleagues Can't Convert Every Disagreement Or Fair Criticism Into Misconduct: Allahabad High Court

The Allahabad High Court has held that a service rule requiring an employee to maintain courtesy in dealings with colleagues cannot be interpreted in a manner that treats every disagreement, fair criticism or discussion about institutional affairs as misconduct. It held that a faculty member who convenes a meeting to raise concerns about a recruitment process does not thereby commit...

SARFAESI Act | Allahabad High Court Refuses To Fast-Track Recovery Of Possession, Says Executing Authority May Fix Its Own Priority

The Allahabad High Court has held that although the District Magistrate must proceed to deliver possession of a secured asset once an application under Section 14 of the SARFAESI Act, 2002 is made, and the function is a ministerial one, the authority is free to fix its priority according to the number of cases pending before it. The bench of Justice Prakash Padia and Justice Vivek...

Unexplained Delay By Public Authority In Deciding Citizen's Application Attracts 'Doctrine Of Malice In Law': Allahabad High Court

The Allahabad High Court has held that where a public authority sits over a citizen's application for an indefinite period without any reasonable or plausible justification, the inaction by itself attracts the doctrine of malice in law and shows arbitrariness. It held that an unjustified delay in permitting a citizen to carry on a lawful trade or business must answer to the “golden...