Allahabad High Court Monthly Digest : December 2024

ORDERS/JUDGMENTS OF THE MONTHPassing Reinstatement Order Pursuant To Quashing Of Earlier Suspension Not Necessary For Suspending An Employee Again: Allahabad High Court Case Title: Dr. Gyanvati Dixit v. State Of U.P. Thru. Prin. Secy. Deptt. Of Sec. Edu. Lko. And Others [WRIT - A No. - 11061 of 2024] Case Citation: 2024 LiveLaw (AB) 736 While hearing a principal's...

'Free-Willed' Wife Meeting Civil Society Members Sans Forming An Illegal Relation Isn't Cruelty Against Husband: Allahabad HC

The Allahabad High Court has observed that a 'free-willed' wife's acts of travelling alone or interacting with members of civil society without engaging in any illegal or immoral relationships cannot be considered an act of cruelty against her husband. A bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh, however, added that a wife's conduct of only seeking to keep alive a...

Associate Professors Of Institutes Of Technology Not Experts Recognized Under Information And Technology Act: Allahabad High Court

While dealing with dispute regarding appointment on various posts in U.P. Jal Nigam, the Allahabad High Court has held that Associate Professors of Institutes of Technology are not experts recognized under the Information and Technology Act, 2000 for the purposes of examination of electronic evidence.Justice Ajit Kumar held,“expert opinions that were sought from the Associate Professors...

Relationship Between 'Jija' & 'Sali' Is Immoral But Rape Offence Not Attracted If Woman Is A Major: Allahabad High Court

The Allahabad High Court has recently observed that a relationship between brother-in-law and sister-in-law (jija and sali) is immoral; however, if the woman is a major, the said relationship doesn't attract the offence of rape. A bench of Justice Sameer Jain observed thus while granting bail to an accused (Jija) who was booked under Sections 366, 376, 506 IPC on the allegation that...

A School's Farm Land Won't Be Leased Without Reasoned Decision By Its Committee Presided By Village/Municipal Council Head: Allahabad HC

While disposing of a public interest litigation pertaining to illegal leasing of land belonging to schools, the Allahabad High Court has directed that school's farm land cannot be leased out without a reasoned decision by the Committee of the concerned school. The Committee to be constituted must include Gram Pradhan or Nagar Palika Adhyaksha as President and a person nominated by...

Allahabad High Court Annual Digest 2024 [Part I]

Citations 2024 LiveLaw (All) 1 – 2024 LiveLaw (All) 390: UP Victim Compensation Scheme 2014 | Eligibility/ Quantum Of Compensation For Rape Victims To Be Decided By DLSA, Not Court: Allahabad HCCase Title: Ramesh Alias Mehandi Hasan vs. State Of U.P. And 3 Others [MATTERS UNDER ARTICLE 227 No. - 5804 of 2023]Case Citation: 2024 LiveLaw (AB) 1The Allahabad High Court has asked a rape...

Appointment Didn't Comply With Drivers Service Rules, Allahabad HC Denies Government Servant Status To Special Sugar Fund Employee

A division bench of the Allahabad High Court comprising of Chief Justice Arun Bhansali & Justice Jaspreet Singh held that an employee appointed under the Special Sugar Fund cannot be regarded as a government servant, as the appointment was not made in accordance with the Uttar Pradesh Sugar Department Drivers Service Rules, 1984. Background Facts The Special Sugar...

Appellate Court Must Refund Court Fees If Matter Is Remanded Back To Original Court: Allahabad High Court

Discussing Section 13 of the Court Fees Act, the Allahabad High Court has held that once an appeal is remanded back to the original Court for any reason, the Appellate Court ought to grant a certificate of authorization to the appellant to receive back the full court fees paid along with the memorandum of appeal.Justice Kshitij Shailendra held “Section 13 casts an obligation upon the...

Allahabad High Court Directs UP Police To Deploy Force To Protect 17th Century Agra 'Hammam'

On Thursday, the Allahabad High Court directed the Archaeological Survey of India (ASI) and the Commissioner of Police, Agra, to ensure that no damage iss caused to a 17th-century Hammam (public bath) in Agra. A bench of Justice Salil Kumar Rai and Justice Samit Gopal passed this order while dealing with the PIL plea filed by one Chandrapal Singh Rana seeking protection of...

Lucknow Courtroom Clash | Allahabad HC Grants Relief To Man, His Family Members Accused Of Assaulting Lawyers

On Thursday, the Allahabad High Court issued a stay on coercive action against a man and his three family members who are accused of assaulting lawyers inside Lucknow District Court Complex earlier this month. A bench of Justice Jaspreet Singh and Justice Rajeev Singh also directed that the Additional Commissioner of Police of the area concerned conduct the investigation into the...

ADJ Expected To Not Only Apply His Mind But Also Deal With Arguments Of Parties Before Returning Findings: Allahabad High Court

While dealing with a case under Article 227 of the Constitution, the Allahabad High Court has observed a judge of the rank of Additional District and Sessions Judge is expected not only to apply his judicial mind but also deal with the arguments of the parties before returning any findings.Holding that revision is to be treated as an appeal where remedy of appeal is not specifically...

Referring Member Of Consumer Forum To Only Give Opinion On Points Raised For Reference, Not Decide Matter Itself: Allahabad High Court

The Allahabad High Court has held that when a matter is placed for reference before a third member, it is the job of the referring member to just opine on the issues raised for reference. Justice Pankaj Bhatia held that in such a case, it was not up to the referring member to resolve the entire matter themselves.Referring to the Consumer Protection Act, the Court held that“In terms of...