Private Contracts Between Parties For Appointment Of Arbitrator Different From Statutory Appointment Of Arbitrators: Allahabad High Court

Recently, the Allahabad High Court has held that cases where appointment of arbitrators is through contracts which contemplate such appointment and statutory appointment of arbitrators are two separate classes to cases and the same are distinguishable on facts.National Highways Authority of India approached the High Court against order of the Additional District Judge, POCSO Act, Bijnor...

Possibility Of Victim Herself Being A Partner In Crime: Allahabad High Court Acquits 7 Convicts In 2004 'Minor' Kidnapping, Rape Case

The Allahabad High Court recently acquitted seven accused, convicted in connection with a July 2004 minor girl's kidnapping and rape case, as it observed that the allegations made against the accused were fabricated, intended to serve as a cover-up and create a defence for the victim, who was herself implicated in a separate kidnapping case involving a minor boy. A bench...

'Flight Risk; Father Already Fled Country': Allahabad HC Denies Bail To 2 Sons Of Mining 'Mafia' In Gangsters Act Case

The Allahabad High Court recently denied bail to two sons of Hazi Iqbal, also known as Balla, an alleged mining mafia in the Meerut region, in a case under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. Hazi Iqbal, along with his sons (bail applicants), is accused of running an interstate criminal gang involved in various financial and corporeal crimes. A...

Allahabad High Court Imposes Rs. 50K Cost On Litigant For Concealing Facts, Says Counsel Had 10 Yrs+ Standing But Failed His Bounden Duty

While considering a case under the Consolidation of Holdings Act, 1963, the Allahabad High Court has imposed a cost of Rs. 50,000 /- on a litigant for concealing material facts from the Court. In imposing exemplary costs, Justice Jaspreet Singh relied on a judgment of the Supreme Court in Bhagwan Singh Vs. State of U.P. and Others, where it recently laid down corrective measures for advocates...

Person Engaged In Construction, Maintenance Or Demolition Of Buildings Above One Storey Is Employee Under Employees Compensation Act: Allahabad HC

The Allahabad High Court has held that any person engaged in construction, maintenance, repairing or demolition of any building which is more than one story high is an employee for the purposes of compensation under the Employees Compensation Act, 1923.Claimant-appellant's husband was carrying out wall painting and repair work when he fell from the third floor of a building and sustained...

Allahabad HC Comes To Aid Of Visually Impaired Candidate Who Couldn't Fill AIBE Form Due To Error In LLB Results

The Allahabad High Court last week came to the aid of a visually impaired candidate who could not apply for the All-India Bar Examination (AIBE)-XIX in time, admittedly due to an error in his 5th-semester examination result caused by his University. Though the University rectified the error and declared the candidate passed, the petitioner, due to the said error, could not submit...

Mere Appointment In Central Govt Services Doesn't Entitle Employment In State Services: Allahabad High Court

The Allahabad High Court has held that merely because an employee in a part of the Central Government services will not entitle him to appointment in Provincial Services. It was held the State Government cannot mechanically appoint him despite having criminal case pending against such employee.While dealing with a case where the Petitioner was booked under the Dowry Prohibition Act, 1961,...

'Widowed Daughter Falls Within Definition Of Dependent Family', Allahabad HC Directs Compassionate Appointment

A Division Bench of the Allahabad High Court comprising Justices Rajan Roy, and Om Prakash Shukla granted relief to a widowed daughter seeking appointment to the post her deceased father based on compassionate grounds. The Court held that even after marriage or widowhood, a woman would continue to be a daughter. Moreover, if she was widowed before the death of her father, she would for all...

Appointment To Government Post Cannot Be Denied Due To Mere Implication In Dowry Case: Allahabad High Court

While considering a case of an appointment to a government post, the Allahabad High Court has held that merely being implicated in a criminal case does not de facto form a basis for rejecting the candidate.In the case where the person seeking appointment was the brother of the main accused and had been implicated in case for dowry, Justice J.J. Munir observed that“Given the social...

Provisions Of CPC Applicable In Proceedings Before Family Court: Allahabad High Court Reiterates

While examining a divorce case, the Allahabad High Court has held that in light of Section 10 of the Family Courts Act, provisions of the Civil Procedure Code are applicable before the Family Court and therefore, a writ petition seeking Writ of Prohibition could not be entertained by the High Court in presence of remedy of appeal.“It would be pertinent to observe here that provisions encoded...

Allahabad HC Grants 10 Days To AMU Counsel To Seek Instructions On PIL Seeking Students' Union Elections At University

The Allahabad High Court on Monday granted 10 days to the counsel of the Aligarh Muslim University (AMU) to seek instructions from the university regarding a Public Interest Litigation (PIL) plea filed by an AMU student seeking holding of students' union elections at the university. The PIL Plea, moved by an LLM student (Kaif Hasan), submits that AMU's failure to hold elections since...

Allahabad HC Grants Interim Bail To Rape Accused To Marry 'Victim' From Different Religion Under Special Marriage Act

The Allahabad High Court last week granted a 4-month interim bail to a Hindu man booked under the POCSO Act to marry a Muslim girl (alleged victim) and get the same registered after getting her custody. The Court passed this order after considering the prosecutrix's statement, in which she asserted that she is an adult, has married the accused in a temple, and is willing to live...