Allahabad High Court Weekly Round-Up: January 2 To January 8, 2023

Gyan Prakash Singh vs. State of U.P. and others 2023 LiveLaw (AB) 1

Ghanshyam Pandit vs. State of U.P. 2023 LiveLaw (AB) 2

Bablu @ Jitendra And Another vs. State of U.P 2023 LiveLaw (AB) 3

Ajeet Singh Constable vs. State Of U.P. And Anr 2023 LiveLaw (AB) 4

Zahid Khatoon vs. Nurul Haque Khan 2023 LiveLaw (AB) 5

ORDERS/JUDGMENTS OF THE WEEK

Benefit Of Doubt Regarding Correctness Of Answer Key Goes In Favour Of Exam Authority & Not Candidate: Allahabad High Court

Case title - Gyan Prakash Singh vs. State of U.P. and others [WRIT - A No. - 8892 of 2022]

Case Citation: 2023 LiveLaw (AB) 1

Noting that there is always a presumption about the correctness of an exam answer key, the Allahabad High Court observed that in the event of doubt over the correctness of an answer key, the benefit should go to the examination authority rather than to the candidate.

With this, the bench of Justice J. J. Munir dismissed a writ plea of one Gyan Prakash Singh challenging his non-selection as an Assistant Professor (Chemistry) to aided nongovernment colleges, engaged in imparting higher education, in the competitive exam conducted by the UP Higher Education Service Commission (UPHESC).

Allahabad HC Orders NMC Inquiry Against 2 Doctors For Preparing 'False' Medical Report To Cause Wrongful Harm To Accused

Case title - Ghanshyam Pandit vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 42581 of 2022]

Case Citation: 2023 LiveLaw (AB) 2

The Allahabad High Court directed the National Medical Commission (erstwhile Medical Council of India) to conduct an inquiry into the conduct of two doctors after prima facie finding that they prepared a false medical report in collusion with the injured person, so as to cause wrongful harm to the accused persons.

The bench of Justice Subhash Vidyarthi ordered an inquiry into the conduct of the Doctors (Lalit Kaushik and Imran) working with V-Bros Hospitals, Saharanpur after noting that the report prepared by them regarding the injury sustained by the injured person was inherently improbable.

“Be Careful In Future”: Allahabad High Court Takes Exception To Trial Court’s Judgment Mentioning Alleged Rape Victim’s Name

Case title - Bablu @ Jitendra And Another vs. State of U.P [CRIMINAL APPEAL No. - 1201 of 2021]

Case Citation: 2023 LiveLaw (AB) 3

The Allahabad High Court took exception to a judgment delivered by Sessions Court, Kanpur Dehat in which the rape victim’s name was mentioned and said that the Judge should be careful while dealing with such matters in the future.

The bench of Justice Samit Gopal said it is well established that in cases like the present one, the name of the victim is not to be mentioned in any proceeding.

“Before parting with the case it is necessary to mention that despite Section 228-A of the Indian Penal Code, 1860, various judgments of the Apex Court and High Courts of not disclosing the name of the victim of offence of rape, the trial court has specifically mentioned the name of the victim/prosecutrix while recording her evidence in court and at various places in the impugned judgment. Despite various reminders by the Apex Court about it, the trial court appears to have been ignorant about it,” the Court remarked in its order.

Victim’s Testimony Unreliable, Major Improvements Made: Allahabad HC Acquits Police Constable Convicted In Minor's Rape Case

Case title - Ajeet Singh Constable vs. State Of U.P. And Anr [CRIMINAL APPEAL No. - 7478 of 2018]

Case Citation: 2023 LiveLaw (AB) 4

The Allahabad High Court acquitted a police constable who was convicted in 2018 by a trial Court for allegedly raping a 16-year-old minor girl, after finding that the medical evidence did not support the prosecution’s case.

The bench of Justice Ashwani Kumar Mishra and Justice Shiv Shanker Prasad also observed that there were major improvements in the testimony of the victim and hence, the trial court was not justified in returning the finding of guilt against the accused-appellant.

'Muslim Women Act' 1986| Divorced Muslim Wife Entitled To Maintenance Beyond Iddat Period, Until She Re-Marries: Allahabad HC

Case title - Zahid Khatoon vs. Nurul Haque Khan [FIRST APPEAL No. - 787 of 2022]

Case Citation: 2023 LiveLaw (AB) 5

The Allahabad High Court has observed that as per Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is entitled to receive maintenance from her former husband not just till the completion of the ‘Iddat’ period, but for the rest of her life until she remarries.

The bench of Justice Surya Prakash Kesarwani and Justice Mohd. Azhar Husain Idrisi observed thus while setting aside an order of the family court wherein a divorced Muslim woman was found entitled to maintenance only for the period of iddat.

WEEKLY UPDATES

Misbehaviour With Lady Judge| Allahabad High Court Debars Advocate From Practising In UP Courts, Orders Security For Judge

Case title - In Re Of The Honble High Court vs. Bharat Singh (Advocate) [CONTEMPT APPLICATION (CRIMINAL) No. - 11 of 2022]

The Allahabad High Court has debarred an advocate, who misbehaved, insulted, and abused a lady judge posted in a court under the Bulandshahr Judgeship, from practicing law before the UP Courts. The Court has also ordered him to appear in person before HC on January 12.

The Bench of Justice Ashwani Kumar Mishra and Justice Shiv Shanker Prasad passed this order on Monday while dealing with a suo moto criminal contempt proceedings initiated by the HC on the reference made to it by the lady Judicial Officer posted at the outlying court at Khurja of Bulandshahr Judgeship.

Introduce Biometric System For Employees' Attendance In CSC's Office, Ensure Case Files Reach HC By 10 AM: Allahabad HC To UP Govt

Case title - Nar Singh And Others vs. State Of U.P.And Others [WRIT - C No. - 37500 of 1999]

Taking exception to the delay in the arrival of files to the Courts from the office of the Chief Standing Counsel, the Allahabad High Court directed the Principal Secretary (Law) & LR, UP Govt to introduce the biometric system in the office of CSC, Allahabad within two weeks so as to ensure that the office employees reach in time.

The bench of Justice Rohit Ranjan Agarwal ordered thus while hearing a writ plea wherein the Standing Counsel appearing for the State made prayer for adjourning the matter on the ground that his file has not come from the CSC's office.

Don’t Stop Salary Of State Employees For Not Opting For National Pension System Until Further Orders: Allahabad HC To UP Govt

Case title - Yogendra Kumar Sagar And Others vs. State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Basic Edu. Lko. And Others [WRIT - A No. - 8966 of 2022]

The Allahabad High Court has directed the state government that until further orders, it shall not stop the salary of its employees only on the ground that they have not opted for National Pension System.

The bench of Justice Pankaj Bhatia passed this order on Tuesday while dealing with a writ plea moved by certain state employees (Yogendra Kumar Sagar and others) challenging the state government’s notification for mandatory joining of the National Pension System.