Allahabad High Court
Character Certificate Can't Be Denied Merely Due To Pendency Of Criminal Case: Allahabad High Court
The Allahabad High Court has held that a character certificate cannot be denied merely because a criminal case is pending against the applicant.The bench of Justice Prakash Padia and Justice Vivek Saran held that the pendency of a criminal case under Sections 323, 504 and 506 IPC, by itself, could not be a ground to reject an application for issuance of a character certificate.“….we are...
Medical Representative Is Not 'Workman' Under Uttar Pradesh Industrial Disputes Act: Allahabad High Court
The Allahabad High Court has held that a medical representative is not a 'workman' under the U.P. Industrial Disputes Act, 1947 read with the Sales Promotion Employees (Conditions of Service) Act, 1976.Section 6(2) of the Sales Promotion Employees (Conditions of Service) Act, 1976 provides that the provisions of the Industrial Disputes Act, 1947, as in force for the time being, shall apply...
Employee Absorbed In New Cadre Can't Be Denied Its Benefits Due To Initial Appointment In Another Cadre: Allahabad High Court
The Allahabad High Court has held that once an employee is permanently absorbed in a cadre, he becomes a member of that cadre for all service purposes, and the cadre in which he was first appointed cannot thereafter be used to deny him the financial benefits attached to the cadre he was absorbed into.It held that upon absorption, the lien on the earlier post and the incidents of the earlier...
Forum For Landlord-Tenant Dispute Determined By Law In Force When Suit Is Filed, Not When Tenancy Ends: Allahabad High Court
The Allahabad High Court has held that the forum competent to decide a landlord-tenant dispute is determined by the law in force on the date the suit is instituted, and not by the law prevailing when the tenancy was terminated or the cause of action arose.Justice Dr. Yogendra Kumar Srivastava observed that where a landlord-tenant dispute is instituted after the enforcement of the Uttar...
'Helpless Girl' Allegedly Murdered By Own Family: Allahabad High Court Denies Anticipatory Bail To Aunt, Uncle In 'Honour Killing' Case
The Allahabad High Court last week refused anticipatory bail to the aunt (bua) and uncle (fufa) of a woman allegedly murdered in an 'honour killing' in Agra, observing that the case involved serious allegations and that the applicants' custodial interrogation was necessary to unearth the truth.The Court also noted that the applicants had allegedly remained absconding for the past 7 months...
Allahabad High Court Bars New Construction, Restricts Vehicle Movement Inside Prayagraj's Chandra Shekhar Azad Park
The Allahabad High Court has barred any kind of construction activity, whether temporary or permanent, inside Prayagraj's Company Bagh, also known as Chandra Shekhar Azad Park, without the leave of the Court.The Court has also restricted vehicle movement and parking within the park pending consideration of a Public Interest Litigation (PIL) plea challenging the proposed construction of a...
How Should A Test Identification Parade (TIP) Be Conducted? Allahabad High Court Explains Step-By-Step Procedure
The Allahabad High Court last week elaborately explained the step-by-step procedure governing the conduct of a Test Identification Parade (TIP).The bench clarified that such an identification parade must strictly comply with the safeguards prescribed under the UP Police Regulations and the UP Jail Manual, as any unexplained delay or procedural lapse seriously undermines their...
Reliable Dying Declaration Alone Can Be Basis For Conviction: Allahabad High Court Affirms Life Sentence Of 2 For Setting Woman Ablaze
The Allahabad High Court last week affirmed the life sentence awarded to 2 women for killing a married woman by setting her ablaze while observing that a dying declaration which is voluntary, truthful and recorded when the maker is in a fit state of mind can, by itself, form the basis of conviction.A Bench of Justice Rajesh Singh Chauhan and Justice Pramod Kumar Srivastava thus dismissed...
Last Seen Theory Alone Cannot Sustain Murder Conviction: Allahabad High Court Acquits Three In 1996 Double Murder Case
The Allahabad High Court last week set aside the conviction of 3 men in a 1996 double murder case while observing that a conviction in a case based on circumstantial evidence cannot be sustained solely on the "last seen together" theory/evidence unless every link in the chain of circumstances is proved beyond a reasonable doubt.The Court found that in this case, the prosecution had failed...
Disputed Signatures On Photocopy Can't Be Sent For Handwriting Examination Without Original Document: Allahabad High Court
The Allahabad High Court has held that disputed signatures appearing on a photocopy of a document cannot be referred for scientific examination by a handwriting expert where the original has not been produced, since a photocopy does not preserve the characteristics on which a meaningful comparison of handwriting depends. It held that the decisive consideration is whether the material proposed...
Allahabad High Court Calls For Crowd Behaviour Science To Prevent Stampedes At Mathura-Vrindavan Religious Gatherings
The Allahabad High Court has held that the right to life under Article 21 of the Constitution casts a positive obligation on the State to create and maintain conditions in which lives are not lost to preventable disasters. It held that institutionalising the science of crowd behaviour in academia, administration and policy is a constitutional imperative.The Court was hearing a writ...