Article 227 Petition Maintainable Against Small Causes Court's Refusal To Stay Suit Under Section 10 CPC: Allahabad High Court

The Allahabad High Court has held that an order rejecting an application under Section 10 read with Section 151 CPC, seeking stay of a suit pending before a Court of Small Causes, does not constitute a “case decided” within the meaning of Section 25 of the Provincial Small Cause Courts Act, 1887. It held that since the revisional remedy under Section 25 was therefore not available, a...

Regular FSSAI License Must For Large-Scale Slaughterhouse, Registration Certificate Not Enough: Allahabad High Court

The Allahabad High Court has held that a regular license under the Food Safety and Standards Act, 2006, is required for a large-scale slaughterhouse operating beyond the prescribed capacity for a 'petty food business' and that a mere registration certificate cannot authorize such activity. A bench of Justice Ajit Kumar and Justice Garima Prashad observed that the Fundamental right to carry on...

Lucknow District Court Encroachments: High Court Orders Removal Of Remaining Illegal Structures, Notes 57 More Demolished

The Allahabad High Court has directed the authorities to remove the remaining illegal encroachments in the area around the Lucknow District and Sessions Court, noting that 57 additional illegal encroachments have already been removed in compliance with its earlier directions.A bench of Justice Rajesh Singh Chauhan and Justice Rajeev Bharti passed the direction while hearing two connected...

RTE Act | Assistant Teacher's Appointment Without TET Saved If Qualification Acquired Before 31.03.2015 Deadline: Allahabad High Court

The Allahabad High Court has held that the appointment of an Assistant Teacher who did not possess the Teacher Eligibility Test (TET) qualification at the time of appointment is saved where the teacher clears the TET before 31.03.2015, the time limit available under the first proviso to Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 and the State's Government...

UP Govt Persistent In Using 'Goondas Act' As A 'Tool Of Oppression': Allahabad High Court

The Allahabad High Court has strongly criticized the Uttar Pradesh government's use of the Goondas Act, observing that numerous cases before the Court indicate that the State is "persistent in its approach of using the Goonda Act as a tool of oppression". A bench of Justice Subhash Vidyarthi made the observation while quashing orders passed against a Gonda resident, declaring him a...

Saharanpur Mosque Demolition | High Court Seeks UP Govt's Reply On Plea Against Eviction, Stays ₹6.41 Crore Recovery Damages

The Allahabad High Court has sought the State government's response to a petition challenging the eviction and demolition of a mosque in Saharanpur. Meanwhile, the Court has stayed the recovery of ₹6.41 crore in damages imposed by the City Magistrate, Saharanpur.A bench of Justice Rohit Ranjan Agarwal directed the State to file its counter-affidavit within 3 weeks. 1 week thereafter was...

Bar Association Membership Disputes Private In Nature, Not Amenable To Writ Jurisdiction: Allahabad High Court

The Allahabad High Court has held that Bar Association membership disputes are private in nature and are not amenable to writ jurisdiction under Article 226 of the Constitution. The Court sadi that disputes concerning membership, suspension or debarment of members do not involve any public law element.A Bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary made the...

Independent Title Claim Doesn't Make Person Necessary Party In Small Causes Eviction Suit: Allahabad High Court

The Allahabad High Court has held that a third person asserting an independent title over a rented property does not become a necessary or proper party to an eviction suit before the Small Causes Court only because that title clashes with the landlord's. It held that impleadment under Order I Rule 10 of the Code of Civil Procedure, 1908 cannot be used to carry a separate title dispute into a...

'Wisdom Teeth, Pubic Hair Cannot Establish Girl Was Minor': Allahabad High Court Acquits Man In Kidnapping Case

The Allahabad High Court has acquitted a man convicted under Section 366 IPC in a 2011 kidnapping case, holding that the prosecution failed to establish that the prosecutrix was a minor on the date of the incident.A Bench of Justice Subhash Vidyarthi held that the absence of third molars (wisdom teeth) could not be made a basis for holding that a person had not attained 18 years. The court...

S. 197 CrPC | Custodial Violence, Molestation Not Police's Official Duty, But Crime: Allahabad High Court Denies Relief To Cops

The Allahabad High Court has upheld the rejection of discharge applications filed by police personnel accused of repeatedly beating people in police custody and molesting women. The Court said that such violence cannot be termed a part of police duty and can only be described as a crime.A bench of Justice Madan Pal Singh observed that persons were allegedly subjected to repeated beatings...

Order 9 Rule 13 CPC | Limitation Must Be Decided Before Setting Aside Ex Parte Decree, Failure A Jurisdictional Error: Allahabad High Court

The Allahabad High Court has held that a court hearing an application to set aside an ex parte decree must decide the question of limitation first, and allowing an application filed 21 years late without any finding on the cause of the delay is a jurisdictional error. It held that until the delay is condoned there is no application before the court in the eye of law.Order IX Rule 13 of the...

Defence In Written Statement Can't Be Converted Into Ground For Rejection Of Plaint Under Order 7 Rule 11 CPC: Allahabad High Court

The Allahabad High Court has held that a defence which, if established, may defeat the plaintiff's claim cannot ordinarily be converted into a ground for rejection of the plaint under Order VII Rule 11(a) of the Code of Civil Procedure. It held that the enquiry rests on the averments in the plaint alone and pleas taken by a defendant in his written statement are not relevant to deciding...