Allahabad High Court Weekly Round-Up: November 21 To November 27, 2022

NOMINAL INDEX Irfan Ahmad v. State of U.P. and Another 2022 LiveLaw (AB) 497 X (Juvenile) v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 498 Awadh Bihari Verma v. State Of U.P.And 3 Others 2022 LiveLaw (AB) 499 Gazala Begum v. Mohd. Musarraf and others 2022 LiveLaw (AB) 500 Yatendra Kumar v. State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Public Works Deptt. Lko. And 4 Others 2022 LiveLaw (AB) 501 Ashish Morya v. Anamika Dhiman 2022 LiveLaw (AB) 502 Anil Kumar v. Union Of India Thru.Secy.Ministry Jal Shakti Deptt. Drinking Water And Sanitation New Delhi And ors. 2022 LiveLaw (AB) 503 Sukh Vir Singh And Ors. v. State Of U.P. Thru Prin. Secy. Law And Legal Remembrancer And Ors. 2022 LiveLaw (AB) 504 Manisha Kanaujia And Another v. District Magistrate And Another 2022 LiveLaw (AB) 505 Vidya Devi And Others v. State of U.P. 2022 LiveLaw (AB) 506 ORDERS/JUDGMENTS OF THE WEEK Even If Penetration Was Very Slight The Act Would Constitute Rape: Allahabad High Court Case title - Irfan Ahmad v. State of U.P. and Another [CRIMINAL REVISION No. - 743 of 2022] Case Citation: 2022 LiveLaw (AB) 497 The Allahabad High Court has observed that even if the penetration was very slight and was not into the vagina, the same will bring the act within the definition of rape. The bench of Justice Jyotsna Sharma further observed that in rape cases, the extent of penetration is immaterial and that the perineum is part of the private parts, which sheathes the urethra. "He Needs Intensive Counselling": Allahabad High Court Denies Bail To Juvenile Who Allegedly Raped His 8-Year-Old Student Case title - X (Juvenile) v. State Of U.P. And 3 Others [CRIMINAL REVISION No. - 2521 of 2022] Case Citation: 2022 LiveLaw (AB) 498 Denying bail to a Juvenile, a religious teacher, who allegedly raped an 8-year-old girl (his student), the Allahabad High Court today observed that he needed counseling by psychiatrists/experts not only for his own betterment but also for the health of society. "He needs to be extended services of reformatory and rehabilitatory nature so that he can move without posing danger to himself as well as to the public and so that he can be brought back to the mainstream," the bench of Justice Jyotsna Sharma observed. Count Ad Hoc Period In Granting Pensionary Benefits To Employee With 17 Yrs Of Regular Service Record: Allahabad HC To UP Govt Case title - Awadh Bihari Verma v. State Of U.P.And 3 Others [WRIT - A No. - 21333 of 2014] Case Citation: 2022 LiveLaw (AB) 499 The Allahabad High Court has directed the State Government to count the period of ad-hoc service rendered to grant pensionary benefits to an employee who retired in 2013 with a regular service record of over 17 years. With this, the bench of Justice Rajiv Joshi quashed an order of the District Inspector of Schools, Firozabad whereby the period of ad hoc service rendered by an Assistant Teacher (L.T. Grade) had not been taken into account for the purpose of granting pensionary benefits to him. 'Land Acquisition, Rehabilitation & Resettlement Authority' Not A Civil Court For The Purpose Of S. 24(1)(a) CPC: Allahabad HC Case title - Smt. Gazala Begum v. Mohd. Musarraf and others [TRANSFER APPLICATION (CIVIL) No. - 643 of 2022] Case Citation: 2022 LiveLaw (AB) 500 The Allahabad High Court has observed that Land Acquisition, Rehabilitation, and Resettlement Authority (LARRA) is not a civil court subordinate to the High Court within the meaning of Section 24(1)(a) of the Code of Civil Procedure, 1908 and therefore, a case pending before it can't be transferred to any other court by the HC. For context, LARRA is an "Authority" established by the appropriate Government under Section 51 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Keeping Disciplinary Proceedings Pending Against Employee After 1.5Yrs Of Inquiry Report Submission 'Unreasonable': Allahabad HC Case title - Yatendra Kumar v. State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Public Works Deptt. Lko. And 4 Others [WRIT - A No. - 2670 of 2022] Case Citation: 2022 LiveLaw (AB) 501 The Allahabad High Court observed that a period of 1.5 years is an 'extremely unreasonable long time' to keep disciplinary proceedings pending against an employee after the submission of an inquiry report. The bench of Justice Alok Mathur observed so while dealing with the case of one Yatendra Kumar (suspended General Manager, U.P. Nirman Nigam Ltd), challenging his suspension order passed by the UP Government in June 2020 in contemplation of departmental proceedings initiated against him. Marriage Certificate Issued By Arya Samaj Has No Statutory Force: Allahabad High Court Case Title - Ashish Morya v. Anamika Dhiman [FIRST APPEAL No. - 830 of 2022] Case Citation: 2022 LiveLaw (AB) 502 The ...

Allahabad High Court Weekly Round-Up: November 21 To November 27, 2022

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