[MACT] Salary Of Son Appointed On Compassionate Grounds Can't Be Taken As Salary Of Deceased For Determining Compensation: Allahabad HC

The Allahabad High Court has held that the salary of a son who has been appointed on compassionate grounds after father's demise in a road accident cannot be taken as salary of the deceased for determining compensation under the Motor Vehicles Act, 1988.Claimants' husband/ father was getting off from a bus when his leg got stuck. The bus started without noticing that his leg was stuck and as...

Protection Of Judges' Tenure Part Of Independence Of Judiciary: Allahabad HC Rejects PIL Against Justice Yashwant Varma's Transfer

The Allahabad High Court has rejected a Public Interest Litigation (PIL) plea challenging the recent transfer of Justice Yashwant Varma from the Delhi High Court to the Allahabad High Court. A bench of Justice Attau Rahman Masoodi and Justice Ajai Kumar Srivastava-I observed that the transfer, administration of oath, and functioning of a judge are the concomitants of...

Police Uniform Not A License To Assault Innocent Citizens; No Protection U/S 197 CrPC For Acts Beyond Official Duty: Allahabad HC

Refusing relief to 4 Uttar Pradesh police officials accused of abusing, assaulting, and unlawfully confining a doctor and his companions at a police post, the Allahabad High Court recently observed that acts falling outside the scope of a public servant's official duties do not require prior sanction for prosecution under Section 197 of the CrPC. “Merely because the applicants...

No One Should Harbour Misconception That They Can Undermine Or Outrage Court's Dignity: Allahabad HC Slams Fatehpur DM

In a strongly worded order, the Allahabad High Court recently slammed the District Magistrate of Fatehpur for filing an affidavit which, in the Court's view, subtly implied that he held the power to 'uphold', 'undermine' or 'outrage' the 'dignity' of the judiciary. A Bench of Justice JJ Munir took exception to the DM's assurance in his affidavit that the "dignity of the Court will always...

'Minor Children In Abandoned Condition': Allahabad HC Grants Bail To Woman Accused Of Killing Husband In Conspiracy With Lover

The Allahabad High Court recently granted bail to a woman accused of killing her husband in collusion with her mother and alleged lover, with whom she is said to have had an illicit relationship. A bench of Justice Rajesh Singh Chauhan granted bail to the accused (Khushbu Devi) by extending the benefit of Section 480 BNSS, noting that her husband has died and she is in jail, and there...

Supreme Court Asks Allahabad HC To Prioritise Disposal Of Matters Where Trial Is Stayed, Especially Landlord-Tenant Disputes

The Supreme Court recently urged the Allahabad High Court to prioritise the disposal of appeals/revisions/original petitions, where the trial has been stayed, particularly of landlord-tenant disputes.The Court asked the High Court to give out of turn hearing to such matters where the trial has been stayed.A bench of Justice BV Nagarathna and Justice KV Viswanathan passed the direction...

Parties Agreeing To Mutual Divorce After Living Separately For More Than A Year Doesn't Negate Separation: Allahabad High Court

The Allahabad High Court has held that just because the parties agreed for mutual divorce after more than 1 year of separation period, the Court cannot neglect the separation period prior to the agreement for divorce. It held that the period of separation prior to the meeting of minds will be considered under sub-section (1) in section 13-B of the Hindu Marriage Act, 1955.Section 13-B of...

Compassionate Appointment On Teacher Post Compromises Quality Of Education, Violating Article 21A: Allahabad High Court Strikes Down GOs

While holding that compassionate appointment of teachers compromises quality of education thereby violating fundamental right to education under Article 21-A of the Constitution of India, the Allahabad High Court declared Government Orders dated 04.09.2000 and 15.02.2013 ultra vires Articles 14, 16 and 21-A of the Constitution of India insofar as they relate to appointment on the posts...

Allahabad HC Castigates Bank Of Baroda Over 'Illegal' Return Of Auctioned Property To Defaulting Borrower, Orders Heavy Compensation

The Allahabad High Court recently reprimanded the Bank of Baroda for what it termed an "arbitrary, whimsical, and capricious" action in returning an auctioned property to the defaulting borrower (the original borrower), despite having completed the auction process and accepted the earnest money from the successful bidder (the auction purchaser). Observing that the bank's conduct...

'DOB Being Manipulated To Seek Juvenile Status': Allahabad HC Calls For Strict Age Verification In Criminal Cases As Per S. 94 JJ Act

In an order passed earlier this month, the Allahabad High Court raised serious concerns over the growing trend of litigants manipulating their date of birth in criminal proceedings to obtain 'favourable' legal outcomes, such as being declared a juvenile. In a strongly worded order, the Court also criticised the laxity of law enforcement agencies in conducting proper age verification...

Allahabad High Court Grants UOI 10 More Days To Decide On Representation To Cancel LoP Rahul Gandhi's Citizenship

Today, the Allahabad High Court granted 10 more days to the Union of India to decide on a representation filed before it, seeking the cancellation of the citizenship of Congress leader and LOP in Lok Sabha, Rahul Gandhi. A bench of Justice Attau Rehman Masoodi and Justice Ajai Kumar Srivastava-I is presently dealing with a Public Interest Litigation (PIL) plea filed by a BJP Member...

Merely Liking A Social Media Post Doesn't Amount To Publishing Or Transmitting It: Allahabad High Court

The Allahabad High Court has ruled that liking a post doesn't amount to publishing or transmitting it and would not be an offence under Section 67 of the Information Technology Act [Punishment for publishing or transmitting obscene material in electronic form]. A bench of Justice Saurabh Srivastava observed that a post or message can be said to be 'published' when it is posted, and...