Allahabad High Court Weekly Round-Up: April 01 To April 07, 2024

NOMINAL INDEX Dr Brajendra Singh Chauhan And 2 Others v. Central Administrative Tribunal And 2 Others 2024 LiveLaw (AB) 201 Rajendra Singh v. The State Of U P And 5 Others 2024 LiveLaw (AB) 202 Rana Pratap Singh vs. Neetu Singh And 2 Others 2024 LiveLaw (AB) 203 Raeesa Bano vs. Smt. Tabassum Jahan And Ors 2024 LiveLaw (AB) 204 Poornima Singh vs. State Of U.P. And 4 Others 2024 LiveLaw (AB) 205 Executive Engineer Drainage Division v. Ms Ayush Construction And Another 2024 LiveLaw (AB) 206 Saurabh Mukund vs. Directorate Of Enforcement Thru. Its Joint Director Lko. 2024 LiveLaw (AB) 207 Akhilesh Keshari And 3 Others vs. State of U.P. and Another 2024 LiveLaw (AB) 208 Shiv Pratap Maurya And 667 Ors. v. State Of U.P. Through Prin. Secy. Deptt. Of Medical Health And Ors. 2024 LiveLaw (AB) 209 Rajendra Prasad Gaur vs. State of U.P. 2024 LiveLaw (AB) 210 Himanshu Kanaujiya vs. State of U.P. 2024 LiveLaw (AB) 211 Shiv Sewak Kashyap v. Veerendra Singh And 3 Others 2024 LiveLaw (AB) 212 Nitesh Kumar Singh Yadav vs. State Of U P And 2 Others 2024 LiveLaw (AB) 213 Shilpa Alias Shikha And Another vs. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others 2024 LiveLaw (AB) 214 Richa Mumgaie vs. Harendra Prasad 2024 LiveLaw (AB) 215 Ashutosh Yadav vs. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another 2024 LiveLaw (AB) 216 State Of U.P. And 2 Others vs. Shyam Kewal Ram 2024 LiveLaw (AB) 217 Gaurav Mehta vs. Anamika Chopra along with a connected matter 2024 LiveLaw (AB) 218 Bhartiya Kisan Union Pathik v. State of U.P. And 4 others 2024 LiveLaw (AB) 219 Brijmohan Tanwar v. State Of Up And 4 Others 2024 LiveLaw (AB) 220 Matapher vs. State of U.P. and Another 2024 LiveLaw (AB) 221 ORDERS/JUDGMENTS OF THE WEEK Administrative Tribunals Act | Appeal Against CAT Order In Contempt Proceedings Lies Before Supreme Court, Not High Court: Allahabad High Court Case Title: Dr Brajendra Singh Chauhan And 2 Others v. Central Administrative Tribunal And 2 Others [WRIT - A No. - 602 of 2024] Case citation: 2024 LiveLaw (AB) 201 The Allahabad High Court has held that an appeal against an order of the Central Administrative Tribunal while exercising its contempt jurisdiction under Section 17 of the Administrative Tribunals Act 1985 lies before the Supreme Court under Section 19 of the Contempt of Courts Act, 1971. The Court held that no such order can be challenged before the High Court under Article 226 of the Constitution of India. Teacher's Service After Regularization Can't Be Terminated Merely Due To Lack Of Qualification At Time Of Initial Appointment: Allahabad HC Case Title: Rajendra Singh v. The State Of U P And 5 Others [WRIT - A No. - 6145 of 2021] Case citation: 2024 LiveLaw (AB) 202 The Allahabad High Court has held that after a long gap of time, a teacher whose services have been regularised cannot be terminated merely on grounds of lack of qualifications at the time of initial appointment. The bench comprising of Justice Ajit Kumar held that “once the regularisation of appointment has already taken place, such teacher becomes a permanent member of service and no such teacher's service can be dispensed with on the ground that there were some inherent lack of qualification at the time of initial appointment.” Husband Can't Claim Deduction Of Insurance Premium, Loan EMI From Gross Salary For Determination Of Maintenance Amount U/S 125 CrPC: Allahabad HC Case title - Rana Pratap Singh vs. Neetu Singh And 2 Others 2024 LiveLaw (AB) 203 [CRIMINAL REVISION No. - 1762 of 2023] Case citation: 2024 LiveLaw (AB) 203 The Allahabad High Court held that while determining the monthly maintenance allowance payable to the wife under section 125 CrPC, a husband cannot seek deductions for payments towards LIC premiums, home loans, land purchase loan instalments, or insurance policy premiums from his salary. Referring to the Supreme Court's ruling in the case of Dr Kulbhushan Kumar vs. Rajkumari 1970, a bench of Justice Surendra Singh-I observed that only compulsory statutory deductions as income tax can be reduced from the gross salary of the husband while determining maintenance amount. Suit For Declaration Of Civil Death Not Barred By S. 34 Specific Relief Act Merely Because Further Relief Wasn't Claimed: Allahabad HC Case title - Raeesa Bano vs. Smt. Tabassum Jahan And Ors 2024 LiveLaw (AB) 204 [SECOND APPEAL No. - 428 of 2016] Case citation: 2024 LiveLaw (AB) 204 The Allahabad High Court has ruled that a suit for mere declaration of civil death is maintainable and is not barred by Section 34 of the Specific Relief Act, 1963 merely because the plaintiff did not claim further relief. A bench of Justice Arun Kumar Singh Deshwal further noted that there is no bar under Section 34 of the 1963 Act for filing a suit for the declaration of a civil...

Allahabad High Court Weekly Round-Up: April 01 To April 07, 2024

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