When First Reference Is Made, Duplicate Records Of Property Attached Under Gangster Act Must Be Retained For Future Release Application: Allahabad HC

The Allahabad High Court has directed the State Government to ensure that when a reference for release application of property attached under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 is made by the competent authority to a court of law, a duplicate copy of the original records must be retained by the competent authority to deal with any other release application...

Employee Cannot Be Paid Back Wages For Work Missed Due To Confinement In Jail, 'No Work No Pay' Applies: Allahabad High Court

The Allahabad High Court has denied relief to an employee who was confined in jail for almost 3 years holding that missed work due to confinement in jail does not entitle the employee to get back wages for the said period as the principle of 'no work no pay' applies.An FIR against the petitioner was lodged under Section 13(1)(b) read with Section 13(1) of the Prevention of Corruption Act,...

Companies Not 'State' U/Art 12 Merely Because They Comply With Rules & Regulations Of Ministries, Public Regulators: Allahabad HC

The Allahabad High Court has observed that a company complying with rules and regulations established by the various Ministries and public regulators would not by itself suffice for bringing it within the definition of "State" under Article 12 of the Constitution, With this, the bench held that 'Nayara Energy' (formerly Essar Oil Limited), an oil refining and marketing company, does...

Allahabad HC Orders CBI Probe Against Woman, Her Counsel For Filing False FIRs Containing Rape Allegations

The Allahabad High Court last week directed the Central Bureau of Investigation (CBI) to probe a woman and her counsel for lodging 'false' FIRs against men for serious offences including rape.A bench of Justice Vivek Chaudhary and Justice Brij Raj Singh noted that it was apparent that the informant and her counsel were in collusion and lodged false FIRs against many people for serious...

[U.P Govt Servant Seniority Rules] No Provision For Finding Authority To Redetermine Seniority After Final List Has Been Prepared: Allahabad High Court

The Allahabad High Court has recently held that under the U.P Government Servant Seniority Rules, 1991 once a seniority list is published, the authority publishing the same becomes functus officio and cannot reagitate the seniority list again and again.Justice Alok Mathur held “On perusal of the U.P Government Servant Seniority Rules, 1991, we find that there is no provision for review of...

Allahabad HC Warns Of 'Heavy Penalty' On Officers Responsible For Utilizing Citizens' Lands Without Following Due Procedure For Acquisition

The Allahabad High Court has cautioned the State Authorities against using land of private citizens without acquiring the same through proper procedure prescribed in law, stating that in case of any default heavy penalty will be imposed on the officers responsible for the same.Though in the case before it the Court refrained from imposing cost, the bench of Justice Manoj Kumar Gupta and...

Sambhal Mosque Row | 'State On Affidavit If You Claim Protected Monuments Can't Be Allowed To Be Whitewashed': Allahabad HC To ASI

Hearing the Sambhal Jama Mosque Management Committee's plea seeking permission for the whitewashing of the Mosque, the Allahabad High Court today directed the counsel appearing for the Archaeological Survey of India (ASI) to file an affidavit if it was claiming that whitewashing a protected monument can not be permitted.Although Advocate Manoj Kumar Singh, representing the ASI, clarified that...

Court Doesn't Have Skill, Expertise To Match Signatures In Documents Produced Before It, Should Obtain Handwriting Expert Opinion: Allahabad HC

The Allahabad High Court has held that a court does not have the skill or the expertise to match signatures in the documents produced before it and must obtain the opinion of a handwriting expert instead of perusing them with bare eyes.While dealing with a case of rejection of application for handwriting expert to verify signatures made in Gurumukhi by the Small Causes Court, Justice Ajit...

Goods Not Accompanied By E-Way Bill, Without Matching Description Shows Intention To Evade Tax: Allahabad High Court

The Allahabad High Court has held that the intention to evade tax is established by the fact that the goods in transit were not accompanied by e-way bill and the goods taxable at 18% were taxed only at 5%. The Court held that after 2018, it was mandatory for the assesee to download e-way bill with goods in transit. “It is mandatory on the part of the seller to download the e-way...

Tearing Pages Of 'Manusmriti' During Live TV Debate Prima Facie A Cognizable Offence: Allahabad HC Denies Relief To RJD Spokesperson

Observing that act of tearing pages of 'Manusmriti' in a live TV debate prima facie amounts to a cognizable offence, the Allahabad High Court last week denied relief to Rashtriya Janata Dal Spokeperson and Jawaharlal Nehru University Ph.D. student Priyanka Bharti by refusing to quash an FIR lodged against her.Bharti has been charged under Section 299 of the Bharatiya Nyaya Sanhita for...

Allahabad High Court Dismisses Lawyer's Plea Seeking ₹1 Crore As Legal Fees For 'Saving' Ex-CJI From 'Humiliation'

The Allahabad High Court (Lucknow Bench) today dismissed a lawyers's plea seeking a direction to the Union Ministry of Law and Justice to pay him Rs. 1 crore as fees and expenses, claiming that he filed certain cases in the Supreme Court to save the then Chief Justice of India, Justice Dipak Misra, from "humiliation, insult, torture, and removal."A bench of Justice Rajan Roy and Justice...

Allahabad High Court Junks PIL Against Sale Of 'Shankar Parwati Chhap Beedi' For Hurting Religious Feelings

The Allahabad High Court on Wednesday dismissed a Public Interest Litigation (PIL) plea seeking a direction against the marketing and sale of a 'Beedi' brand in the name and style of 'Shankar Parwati Chhap' along with the Logo. A bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra dismissed the PIL plea, leaving it open to the petitioner, Adarsh Kumar, to take...