Discriminatory Sugarcane Allocation Below Mill's Requirement Can't Be Justified By Delayed Payments: Allahabad High Court

The Allahabad High Court has held that discriminatory allocation of sugarcane below a mill's estimated requirement cannot be justified on the basis of its low drawl or alleged delay in payment of cane price, particularly where the short allocation itself contributed to the low drawl and affected the mill's ability to make payments.It further held that sugarcane allocation should account for...

UP Police Rules | Delay In Filing Revision Against Punishment Is Condonable Under S. 5 Limitation Act: Allahabad High Court

The Allahabad High Court has held that delay in filing a revision under Rule 23 of the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 is condonable under Section 5 of the Limitation Act, 1963, as the Rules neither expressly exclude the Limitation Act nor create any bar against condonation of delay.Rule 23(1) of the Rules entitles a police officer whose...

Allotment Cancelled After 26 Years 'Total Abuse Of Process': Allahabad High Court Restores Land To Family

The Allahabad High Court has held that an agricultural allotment made in 1987 could not be cancelled under Section 198(4) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 in proceedings started on a private complaint 26 years later, more so where the allottee had by then been recorded as bhumidhar with transferable rights.Section 198(6) of the Act fixes the outer limit for issuing...

Senior Citizens Act | Tribunal Can Evict Children To Protect Elderly's Life & Limb: Allahabad High Court

The Allahabad High Court has held that a Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can order the eviction of children or relatives from a senior citizen's property where that is expedient to protect his life and limb. It held that the power is not expressly conferred by the Act, but arises as an incident of the right to maintenance and...

'Killing The Messenger': Allahabad High Court Stays FIR Against Journalist Who Reported 'Abysmal' Condition Of UP Govt School

The Allahabad High Court recently stayed the operation of an FIR registered against a journalist after he reported the "abysmal condition" of a government school in Lucknow, observing that the criminal case prima facie appeared to be retaliatory action for exposing the shortcomings.A Bench of Justice Abdul Moin and Justice Pramod Kumar Srivastava observed that the FIR appeared to be tantamount...

Mere Registration Of Criminal Case Does Not Mechanically Disqualify A Candidate From Police Service: Allahabad High Court

The Allahabad High Court has held that a candidate cannot be mechanically disqualified from appointment to the police force merely because a criminal case was registered against him. It held that the Government Order dated 28.04.1958, which governs verification of the character and antecedents of State Government recruits, provides for an assessment of the candidate's suitability and does...

'Bunch Of Liars': Allahabad High Court Pulls Up SHO, SP Over Police Station CCTV Lapses; Orders ₹65K Compensation For Illegal Detention

The Allahabad High Court on Wednesday came down heavily on the Station House Officer (SHO) of a Police Station in District Deoria and the concerned Superintendent of Police (SP), questioning them over the failure of the police station CCTV system and the absence of CCTV footage in a case concerning the illegal detention of 4 petitioners for 10 days. During the hearing, a bench of Justice...

Order XXI CPC Not Applicable To Execution Of Eviction Orders Passed Under Section 67 UP Revenue Code: Allahabad High Court

The Allahabad High Court has held that an order of eviction or of compensation passed under Section 67(3) of the U.P. Revenue Code, 2006 cannot be executed through the long drawn procedure prescribed under Order XXI of the Code of Civil Procedure, 1908. It held that the Code of 2006 and the U.P. Revenue Code Rules, 2016 themselves supply the machinery for enforcing such orders.The bench...

Order 39 CPC | Bar On Grant Of Final Relief At Interim Stage Is Not An Absolute Proposition Of Law: Allahabad High Court

The Allahabad High Court has held that the bar on granting relief at the interim stage which resembles the final relief is not an absolute proposition of law and creates no jurisdictional embargo on the grant of a temporary injunction. It held that the question turns on the facts of each case, with the prima facie case tested at a higher level.Justice Jaspreet Singh held,“Thus, to state as...

Magistrate Can Reject Police Final Report And Summon Accused If Case Diary Discloses Prima Facie Offence: Allahabad High Court

The Allahabad High Court has held that a Magistrate may take cognizance of an offence under Section 190(1)(b) of the Code of Criminal Procedure and summon the accused even where the police have filed a final report concluding that no case is made out, and that in doing so he is not required to follow the procedure prescribed under Sections 200 and 202 of the Code. It held that at that stage...

Civil Services | Disciplinary Proceedings Can't Continue After Retirement Without Governor Sanction Under Regulation 351-A: Allahabad High Court

The Allahabad High Court has held that a disciplinary proceeding initiated against a government servant before his retirement cannot continue after he retires, and no punishment can be imposed on its basis, without the sanction of the Governor under Regulation 351-A of the Civil Services Regulations.Regulation 351-A reserves to the Governor the right to withhold or withdraw a pension and to...

Charge-Sheet Witnesses Must Be Examined In Presence Of Delinquent Employee, Deviation Infringes Natural Justice: Allahabad High Court

The Allahabad High Court has held that Rule 7(vii) of the U.P. Government Servant (Discipline and Appeal) Rules, 1999 requires the Inquiry Officer to record the oral evidence of the witnesses named in the charge-sheet in the presence of the charged government servant, and any deviation infringes the principles of natural justice. It held that the opportunity to cross-examine must be given...