“Deadwood Need To Be Removed To Maintain Efficiency In Service”: Allahabad HC Upholds Compulsory Retirement Of Additional District Judge

The Allahabad High Court has recently upheld the compulsory retirement of an Additional District Judge who after the approval of the State Government on compulsory retirement was exonerated by the Inquiry Officer. It was held that after the order of the State Government compulsorily retiring the petitioner, the inquiry officer had no jurisdiction to continue the proceedings.Holding that...

Allahabad HC Orders Potency Test Of Accused Who Claimed That 'Depressed' Wife Died By Suicide As She Was Unable To Conceive

Observing that a woman should not always be blamed for being unable to conceive as sometimes, the issue may lie with the man, the Allahabad High Court recently directed a man, booked for the dowry death of his wife, to undergo a potency test. A bench of Justice Shekhar Yadav directed the Additional Government Counsel to conduct a potency test (पौरूष परीक्षण) of...

Arbitration Act | New Evidence Cannot Be Adduced At S.37 Stage, Bar Of Limitation U/S 34(3) Is Attracted: Allahabad HC

The Allahabad High Court Bench of Justices Mahesh Chandra Tripathi and Prashant Kumar, held that the amendment obtained or raising fresh grounds virtually amounts to file a fresh appeal and would be barred by limitation as laid down under Section 34(3) of the Arbitration Act. Hence, it is not open for the appellant to raise any new ground or adduce any fresh evidence in an appeal under Section...

Negligent Litigant Who Didn't Enquire About Status Of Case Not Entitled To Condonation Of Delay: Allahabad High Court

The Allahabad High Court dismissed a First Appeal From Order (FAFO) under Section 173 of the Motor Vehicles Act, 1988 filed with a delay of 3107 days as the appellant, sole proprietor of the transport company, failed to inquire about the status of the case.Justice Rajnish Kumar held that “A litigant, who is such negligent that he/she would not inquire for the status of case for such a...

While Filing Application U/S 8 Of Arbitration Act, Applicant Is Not Required To Dispute Contents Of Plaint: Allahabad High Court

The Allahabad High Court Bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar has held that there is no requirement for the applicant to dispute the contents of the plaint, while filling in an application under Section 8. The very fact that an application has been filed necessarily means that the applicant wants to refer the dispute to arbitration.Additionally, the court held that...

Allahabad High Court Upholds Reinstatement As Standard Remedy, But Percentage Of Back Wages To Be Subject To Facts

The Allahabad High Court Bench comprising of Justice Chandra Kumar Rai heard a petition revolving around the dismissal of a bus conductor by the Uttar Pradesh State Road Transport Corporation (“UPRTC”). Here, the fairness of the disciplinary proceedings which led to the respondent's dismissal for allegedly allowing passengers to travel...

Allahabad High Court Monthly Digest: September 2024

Nominal IndexM/S Anil Rice Mill vs. State Of U.P. And 2 Others 2024 LiveLaw (AB) 533 Jyotish Chandra Thapliyal vs. Smt. Deveshwari Thapliyal 2024 LiveLaw (AB) 534 Anuj Kumar Agarwal vs. State Of Up And 4 Others 2024 LiveLaw (AB) 535 Abhilasha Shroti vs. Rajendra Prasad Shroti 2024 LiveLaw (AB) 536 Remo D Souza v.s State of U.P. and Another 2024 LiveLaw...

Allahabad High Court Quarterly Digest: July – September 2024 [Citations 414 - 606]

[NOMINAL INDEX PROVIDED AT THE BOTTOM] ORDERS/JUDGMENTS OF THE QUARTER [Domestic Violence Act] Permissible Amendments, Additional Reliefs U/S 12 Can Be Sought By Fresh Application U/S 23: Allahabad High Court Case Title: Maharaj Kumari Vishnupriya v. State of U.P. and 2 Ors. 2024 LiveLaw (AB) 414 Case citation: 2024 LiveLaw (AB) 414 The Allahabad High Court has held...

Benefit Of SC Judgment On Extension Of Limitation During COVID-19 Can't Be Granted On Mere Asking, Especially When Party Is In Default: Allahabad HC

The Allahabad High Court has held that the benefit of extension of limitation during COVID-19, as per In Re Cognizance for Extension of Limitation, cannot be granted to a party merely for the asking, especially when there is default on the part of the party seeking such extension. While dismissing Bharat Sanchar Nigam Ltd.'s appeals under Section 37 of the Arbitration and Conciliation Act,...

Allahabad HC Imposes 25K Cost On State Govt After Senior Officer Acts As Enquiry Officer, Disciplinary Authority & Appellate Authority In Same Case

The Allahabad High Court has imposed a cost of Rs. 25,000 on the State of Uttar Pradesh as a senior State Officer acted as an Inquiry Officer, Disciplinary Authority as well as the Appellate Authority in case of disciplinary proceedings against an employee.Single bench of Justice Alok Mathur noted,“Sri Ajay Kumar Shukla [Secretary Election Anubhag, Lucknow], have acted himself in all the...

Bail Plea Shouldn't Be Rejected To Give Accused A Taste Of Imprisonment As A Lesson: Allahabad High Court

The Allahabad High Court has observed that the bail application of an 'unconvicted' person should not be rejected for the purpose of giving him a taste of imprisonment as a lesson or as a mark of disapproval of his conduct. A bench of Justice Arun Kumar Singh Deshwal added that while considering the bail application, apart from the seriousness of the charges and severity of...

Allahabad HC Summons Ghaziabad DM For Violating Division Bench Order To Register Sale Certificates, Issuing Demand Notice Of Over ₹14 Crores

The Allahabad High Court has directed the District Magistrate, Ghaziabad to appear before it in person for violating a Division Bench order directing immediate registration of sale certificates issued in favour of the petitioner, and instead issuing a demand notice of more than Rs. 14 crores under the Indian Stamp Act, 1899.The petitioner had earlier approached the High Court seeking a...