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 Allahabad High Court

Madarsa Teacher Cant 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...

Delay In Deciding Govt Servants Plea Against Deemed Suspension After Release From Custody Indicates Malice In Law: Allahabad High Court

The Allahabad High Court has held that Rule 4(3)(b) of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 casts a mandatory obligation on the competent authority to take an express and conscious decision on the representation made by a Government servant against his deemed suspension after his release from custody. It held that deemed suspension does not lapse on its own...

Motor Accident Compensation Can Be Enhanced Even Without Claimants Cross-Appeal If Insurer Challenges Quantum: Allahabad High Court

The Allahabad High Court has held that where an Insurance Company appeals against an award of the Motor Accident Claims Tribunal, the compensation can be enhanced even though the claimants have filed no appeal or cross-objection. It held that once the adequacy of the award is in question in the appeal, the Court is duty-bound to see whether what was awarded is 'just compensation' and to...

District Magistrate Alone Can Convene No-Confidence Meeting Against Cooperative Society Chairman: Allahabad High Court

The Allahabad High Court has held that the power to convene a meeting for consideration of a no-confidence motion against the Chairman of a cooperative society vests exclusively in the District Magistrate as the specified authority under Rule 465 of the U.P. Co-operative Societies Rules, 1968, and cannot be delegated or sub-delegated. It held that where any other officer fixes the time, date...

Railway Cant Deny Electricity Connection Citing Private Land When It Alone Can Supply Power: Allahabad High Court

The Allahabad High Court has held that the Railway Administration cannot refuse an electricity connection on the ground that the premises stand on private land, where the site lies in the midst of Railway property and the Railway alone is in a position to supply electricity. It held that access to electricity is a fundamental right under Article 21 of the Constitution of India, and that...

Sale Deed Cancellation Alone Doesnt Permit Dispossession Without Eviction Order: Allahabad High Court

The Allahabad High Court has held that a decree which only cancels a sale deed, and carries no direction for eviction or delivery of possession, does not authorise the decree-holder to remove the occupant from the property. It held that a person in long and settled possession makes out a prima facie case for temporary injunction even where the sale deed on which his claim of title rests...

Shiksha Mitras Cant Claim Parity With Pre-TET In-Service Teachers, Exclusion Not Violative Of Articles 14 & 16: Allahabad High Court

The Allahabad High Court has held that the exclusion of Shiksha Mitras from the Special Teacher Eligibility Test notified for in-service teachers does not offend Articles 14 and 16 of the Constitution of India. It held that teachers already in service when the Teacher Eligibility Test was made mandatory form a distinct class, and that the Special TET is a transitional measure enabling that...

S. 16(1) UP Gangsters Act: DM Must Refer Matter To Court After Rejecting Plea For Release Of Attached Property: Allahabad High Court

The Allahabad High Court clarified that a District Magistrate must refer a matter to the competent court under Section 16(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, after rejecting a plea seeking release of property attached under the Gangsters Act.A bench of Justice Ajay Bhanot and Justice Divesh Chandra Samant made the observation while quashing...