Allahabad High Court Weekly Round-Up: March 27 To April 02, 2023

NOMINAL INDEX Mahendra Pal And Ors. vs. State Of U.P.Thru Addl.Chief Secy. Deptt Of Basic Edu.Andors along with connected matters 2023 LiveLaw (AB) 108 Deepak vs. State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Others 2023 LiveLaw (AB) 109 Agra Development Authority v. Baba Construction Pvt. Ltd. FAO No. 1033 of 2021 2023 LiveLaw (AB) 110 Arvind Singh vs. State Of U.P. Thru. Secy. Home Deptt. 2023 LiveLaw (AB) 112 Mohammad Tariq Qashmi vs. State of U.P. 2023 LiveLaw (AB) 113 ORDERS/JUDGMENTS OF THE WEEK Assistant Teachers Recruitment: Allahabad HC Directs UP Govt To Revise Select List After Rectifying Irregularities In Fixing Quota Case title - Mahendra Pal And Ors. vs. State Of U.P.Thru Addl.Chief Secy. Deptt Of Basic Edu.Andors along with connected matters Case Citation: 2023 LiveLaw (AB) 108 The Allahabad High Court directed the UP Government to prepare a revised select list of 69,000 Assistant Teachers selected through the Assistant Teachers Recruitment Examination (ATRE) 2019 rectifying the irregularities committed in fixing the quota for their appointment. The bench of Justice Om Prakash Shukla observed that the rules were not followed in fixing reservations in the recruitment process and therefore, the authorities were directed to review the select list released on January 1, 2020. Allahabad High Court Refuses Relief To Man Accused Of Making Hate Speech Against UP CM Yogi Adityanath, Dhirendra Shastri Case title - Deepak vs. State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Others [CRIMINAL MISC. WRIT PETITION No. - 2077 of 2023] Case Citation: 2023 LiveLaw (AB) 109 The Allahabad High Court refused to quash an FIR lodged against a Bhim Army leader who has been accused of making hate speech against the Chief Minister of Uttar Pradesh, Yogi Adityanath and Bageshwar Baba, Dhirendra Shastri. The Bench of Justice Ramesh Sinha (now serving as the Chief Justice of the Chhattisgarh High Court) and Justice Narendra Kumar Johari also declined to stay the arrest of the petitioner Deepak as it noted that prima facie, a case was made out against him. When Arbitration Clause Covers All The Disputes, Jurisdiction Can’t Be Limited To A Particular Dispute: Allahabad High Court Case Title: Agra Development Authority v. Baba Construction Pvt. Ltd. FAO No. 1033 of 2021 Case Citation: 2023 LiveLaw (AB) 110 The High Court of Allahabad has held that when the arbitration clause cover all the dispute arising out of the contract within its ambit then the scope of the arbitrator cannot be limited to decide only a particular dispute. The bench of Justices Prashant Kumar and Manoj Kumar Gupta held that all the disputes that have arisen before the appointment of the arbitrator can be referred to him for adjudication as the claim for damages which has been made prior to invocation of arbitration, becomes a dispute within the meaning of the provision of 1996 Act and the arbitrator’s jurisdiction cannot be confined to a particular dispute. 'Constitution Of India Doesn't Put A Price Tag On Liberty': Allahabad HC Cautions Trial Courts Against Putting Onerous Surety Conditions In Bail Matters Case title - Arvind Singh vs. State Of U.P. Thru. Secy. Home Deptt. [APPLICATION U/S 482 No. - 2613 of 2023] Case Citation: 2023 LiveLaw (AB) 112 The Allahabad High Court recently cautioned the Trial Court against putting onerous surety conditions in bail matters which have no connection with the socio-economic status of the prisoner as it noted that the same would negate the order granting bail, and undermine the fundamental right of liberty of the prisoner guaranteed under Article 21 of the Constitution. Stressing that the Constitution of India does not put a price tag on liberty, the bench of Justice Ajay Bhanot asserted that the purpose of sureties is dissuasive in intent, but unrealistic surety demands are punitive in effect. After Serving 16 Years In Jail, Man Accused Of Possessing RDX, Detonators Granted Bail By Allahabad High Court Case title - Mohammad Tariq Qashmi vs. State of U.P. [CRIMINAL APPEAL No. - 605 of 2015] Case Citation: 2023 LiveLaw (AB) 113 The Allahabad High Court granted bail to one Mohammad Tariq Qashmi who was arrested in december 2007 on the allegation of possessing 1.25 Kg of RDX and three detonators. Qashmi is also an accused in 2007 serial blasts case that targeted courts in Lucknow, Banaras and Faizabad districts of the state. The bench of Justice Attau Rahman Masoodi and Justice Saroj Yadav ordered his release on bail as it took note of the fact that the aspect of recovery of explosive substance requires consideration and that he has already served out the sentence for about 16 years. OTHER UPDATES FROM THE HIGH COURT Allahabad High Court Begins Publishing Translated Judgments In Hindi The Allahabad High Court has started publishing judgments...

Allahabad High Court Weekly Round-Up: March 27 To April 02, 2023

Sparsh Upadhyay

Tags