Allahabad High Court Weekly Round-Up: April 22 - April 28, 2024

NOMINAL INDEX Himri Estate Pvt. Ltd. and 4 Others vs. State of UP and 2 Others 2024 LiveLaw (AB) 253 Smt. Chanda Kedia And Another vs. Dwarika Prasad Kedia And Another 2024 LiveLaw (AB) 254 Shri Pal vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 255 Aliyari vs Ranjana And 5 Others 2024 LiveLaw (AB) 256 Executive Engineer Electricity Transmission Division vs. Mahesh Chandra And Another 2024 LiveLaw (AB) 257 Ashok Kumar Pandey vs. State Of U.P. And 5 Others 2024 LiveLaw (AB) 258 Pooja Rajput Corpus And Another vs. State Of Up And 4 Others 2024 LiveLaw (AB) 259 Brijpal Singh vs. State of U.P. and Another 2024 LiveLaw (AB) 260 Mukesh Kumar Jha vs. Union of India 2024 LiveLaw (AB) 261 Ram Kishan Bairwa vs. Central Excise Service Tax Appellate Tribunal And 2 Others 2024 LiveLaw (AB) 262 Jay Prakash And Another v. Anjula Singh Mahaur And Another 2024 LiveLaw (AB) 263 Charan Pal Singh vs. Presiding Officer Labour Court Second Up Ghaziabad And Another 2024 LiveLaw (AB) 264 Mithilesh Maurya And Another Vs. State Of Up And 5 Others 2024 LiveLaw (AB) 265 M/S Docket Care Systems vs M/S Hariwill Electronics India Pvt. Ltd. 2024 LiveLaw (AB) 266 State of UP and 3 others vs. Arun Kumar Srivastava 2024 LiveLaw (AB) 267 Dhananjay Singh and another vs. State of UP 2024 LiveLaw (AB) 268 Alok Jha vs. State of U.P. 2024 LiveLaw (AB) 269 ORDERS/JUDGMENTS OF THE MONTH Defaulter Can't Initiate Criminal Proceedings Against Creditor/Auction Purchaser Against Auction Held Under SARFAESI Act, Must Go To DRT: Allahabad High Court Case Title: Himri Estate Pvt. Ltd. and 4 Others vs. State of UP and 2 Others 2024 LiveLaw (AB) 253 [Criminal MISC. Writ Petition No. – 11838/2023] Case citation: 2024 LiveLaw (AB) 253 While quashing criminal proceedings against officers of M/s Himri Estate Private Limited and Indiabulls Housing Finance Ltd. initiated by Shipra Group, the Allahabad High Court held that defaulter cannot initiate criminal proceedings against creditor/auction purchaser against the auction conducted under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The Court held that grievance regarding auction, transfer of property in such cases must be raised before Debt Recovery Tribunals under the SARFAESI Act. Written Statement Jointly Filed Can't Be Amended At Behest Of One Defendant, Without Consent From Others: Allahabad High Court Case Title: Smt. Chanda Kedia And Another vs. Dwarika Prasad Kedia And Another 2024 LiveLaw (AB) 254 [MATTERS UNDER ARTICLE 227 No. - 9337 of 2023] Case citation: 2024 LiveLaw (AB) 254 The Allahabad High Court has held that a written statement jointly filed by various defendants cannot be amended at the behest of one of defendants without express consent from other defendants who had jointly filed the written statement. The bench of Justice Jayant Banerji held that “where a written statement is jointly filed by a group of defendants, it cannot be amended at the behest of one or more such defendants unless the other defendants who are signatories to the joint written statement, expressly consent to the amendments sought.” 'Nagar Ayukt Not Child Or Ward Sitting In Director's Lap': Allahabad HC Imposes ₹10K Cost For Not Granting Increment To Retired Employee Case Title: Shri Pal vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 255 [WRIT - A No. - 13858 of 2023] Case citation: 2024 LiveLaw (AB) 255 The Allahabad High Court has imposed a cost of Rs. 10,000 on the Nagar Ayukt, Nagar Nigam, Meerut for denying an increment to the government employee retiring on the day prior to the accrual of the increment. The Court held that the action of the Nagar Ayukt based on a Government Order was against various judgments of the Allahabad High Court and the judgment of the Supreme Court in Director (Admn. HR) KPTCL and others v. C.P. Mundinamani and others. 'Scandalous & Irresponsible Allegations': Allahabad High Court Dismisses Plea Implying Judicial Bias With ₹20K Costv Case title - Aliyari vs Ranjana And 5 Others 2024 LiveLaw (AB) 256 [CIVIL REVISION DEFECTIVE No. - 15 of 2024] Case citation: 2024 LiveLaw (AB) 256 In a resolute stance against the propagation of irresponsible accusations against the judicial system, the Allahabad High Court recently imposed Rs. 20,000 costs on a litigant who had sought a transfer of his case alleging bias against the presiding Judge. "This kind of a tendency of hurling allegations at Courts without the slightest fear of the outcome, if the allegations fail or are found to be made on hollow ground, must be put down with a heavy hand in the larger interest of administration of justice," a bench of Justice JJ Munir remarked as it termed the allegations as 'scandalous and most irresponsible' [Industrial Disputes Act] Labour Court...

Allahabad High Court Weekly Round-Up: April 22 - April 28, 2024

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