Allahabad High Court Weekly Round Up: August 15 To August 21, 2022

NOMINAL INDEX Triyugi Nath Tiwari v. State Of U.P. And 2 Others 2022 LiveLaw (AB) 371 Dr. Vijay Kumar v. State Of U.P. Thru Prin.Secy.Home 2022 LiveLaw (AB) 372 Nirbhay Singh and others v. State of U.P. and others along with connected pleas 2022 LiveLaw (AB) 373 Ajay Kumar Yadav And Another v. State Of U.P. And 2 Others along with connected matters 2022 LiveLaw (AB) 374 SR Cold Storage versus Union of India and Ors. 2022 LiveLaw (AB) 375 Sunil Kumar Chauhan And 186 Others v. State Of U.P. And 5 Others along with connected petitions 2022 LiveLaw (AB) 376 Sanjay Kumar Singh Vs. State Of U.P. And Another 2022 LiveLaw (AB) 377 Smt. Kiran Kunwar And 2 Others v. State of U.P. and Another 2022 LiveLaw (AB) 378 Azahar Khan v. State of U.P 2022 LiveLaw (AB) 379 Gaurav @ Govind v. State of U.P. and Another 2022 LiveLaw (AB) 380 Km. Mohini v. State Of U.P. And 2 Others 2022 LiveLaw (AB) 381 In Re v. Shri Chandan Kumar, Investigating Officer 2022 LiveLaw (AB) 382 Drs Wood Products Lucknow Versus State Of U.P. 2022 LiveLaw (AB) 383 Intezamia Committee Shahi Masjid v. State Of U.P. And 2 Others 2022 LiveLaw (AB) 384 JUDGMENTS/ORDERS OF THE WEEK Section 372 CrPC Proviso Providing Substantive Right Of Appeal To 'Victim' Isn't Retrospective In Nature: Allahabad High Court Case title - Triyugi Nath Tiwari v. State Of U.P. And 2 Others [CRIMINAL APPEAL DEFECTIVE U/S 372 CR.P.C. No.- 10 of 2022] Case citation: 2022 LiveLaw (AB) 371 The Allahabad High Court has observed that the amendments made in Section 372 CrPC by adding a proviso in the year 2009, creating a substantive right of appeal for the 'victim' is not retrospective in nature. Meaning thereby, a 'victim' [as defined under Section 2w (wa) of CrPC] has no right to prefer an appeal against an order passed before December 31, 2009, acquitting the accused/punishing him for a lesser offence/imposing inadequate compensation. "He Would Have Managed CID Probe If HC Had Not Intervened": Allahabad HC Denies Bail To Former BSP MLA In Murder Case Case title - Dr. Vijay Kumar v. State Of U.P. Thru Prin.Secy.Home [CRIMINAL MISC. BAIL APPLICATION No. - 1751 of 2022] Case Citation: 2022 LiveLaw (AB) 372 The Allahabad High Court denied bail to former BSP MLA Dr. Vijay Kumar, the prime accused in the Shikhar Srivastava murder case as the Court noted that he is a resourceful person who could evade his arrest for four long years and might have even managed the CID probe if the HC had not intervened. Observing that the accused was not allowing the trial to proceed, the bench of Justice Dinesh Kumar Singh denied him bail after noting that if released on bail, he would be in a position to influence the witnesses and tamper with the evidence. RTE Act | Teachers Can Be Given Election Duties Even Before Issuance Of Poll Notification: Allahabad High Court (DB) Case title - Nirbhay Singh and others v. State of U.P. and others along with connected pleas Case Citation: 2022 LiveLaw (AB) 373 The Allahabad High Court (division bench) has ruled that in view of Section 27 of the Right of Children to Free and Compulsory Education Act, teachers can be deployed for election duty even before issuance of the notification relating to elections to Local Body, a State Assembly or the Parliament. The bench of Chief Justice Rajesh Bindal and Justice Jaspreet Singh further ruled that the teachers cannot be deployed during teaching days or teaching hours but can be on non-teaching days and non-teaching hours. Essentially, the bench was answering the reference made to it by the Single Judge vide its order dated November 11, 2021, regarding the allotment of election duties (before or after the issuance of election notification) to teachers on teaching days/during teaching hours. Candidates Can't Claim As A Matter Of Right That Recruitment On Any Govt Post Should Be Made Every Year: Allahabad High Court Case title - Ajay Kumar Yadav And Another v. State Of U.P. And 2 Others along with connected matters Case Citation: 2022 LiveLaw (AB) 374 The Allahabad High Court has observed that candidates cannot claim as a matter of right that recruitment on any post should be made every year. With this, the Court denied relief to certain over-aged Assistant Prosecution Officer Exam - 2022 candidates. The bench of Justice Saurabh Shyam Shamshery also emphasized that due to inaction on the part of the State Government in not filing the posts year-wise, the candidates cannot get a right to participate in the selection process being over-aged. Illegal Demand Of Income Tax Mechanically- Allahabad High Court Imposes Cost Of 50 Lakhs On Income Tax Authorities Case Title: SR Cold Storage versus Union of India and Ors. Case Citation: 2022 LiveLaw (AB) 375 The Allahabad High Court has directed that the Union of India or other authorities under the Income Tax Act,...

Allahabad High Court Weekly Round Up: August 15 To August 21, 2022

Sparsh Upadhyay

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