High Courts Weekly Roundup [September 6, 2021 To September 11, 2021]

Allahabad High Court "Natural Justice Principles Violated": Allahabad HC Quashes Govt Order Cancelling Retailer's License For Selling Beef, Hurting Sentiments (Ikrar Husain v. State of Uttar Pradesh and Ors.) The High Court quashed an order of a Food Safety Officer who canceled the retailer license of a man, named Ikrar Husain, obtained under the Food Safety and Standards Act, 2006 which was otherwise valid up to January 21, 2022. The Ground for the cancelation of the license was that the petitioner, Husain, a retailer, was doing the business of selling buffalo meat, thereby hurting the sentiments of a particular community. Also Read: "Land Encroached; Mosque Construction Inside University Premises Not Justified": Allahabad HC Dismisses Azam Khan's Trust Plea Challenging UP Govt Proceedings Against It PMS Doctors Retired Prior To August 24, 2009 Entitled To Revised 'Non-Practicing Allowance': Allahabad HC Quashes UP Govt Order (Dr. Avinash Chandra Srivastava & Ors v. State of Uttar Pradesh & Ors.) The High Court quashed an Uttar Pradesh government order denying revised NPA (Non-Practicing Allowance) benefit to provincial medical service (PMS) doctors retired prior to 24 August 2009 and directed it to refund the NPA amount recovered in pursuant to Government order, within a period of three months. In response to the State's argument that there are financial constraints in extending the revised NPA benefits to the petitioners, the Bench of Justice Alok Mathur emphasized that the State was duty-bound to pay the statutory dues of the employees cannot avoid its liability citing financial constraint. "Authorities Issuing 'Goondas Act' Notice In Matrimonial Disputes": Allahabad HC Seeks Govt Reply On Misuse Of Law By DM/ADM/Police (Shiv Prasad Gupta v. State Of U.P. And 3 Others) Hearing a case wherein a show-cause notice had been served to a man under the Uttar Pradesh Control of Goondas Act, 1970 in a matrimonial dispute, the High Court last week sought the Uttar Pradesh Government's response on the 'misuse' of Law. The Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agrawal was hearing the Criminal Writ plea of one Shiv Prasad Gupta, against whom a case had been registered under sections 498-A, 354, 323, 504, 506 & 120-B IPC and sections 3/4 of Dowry Prohibition Act by his wife. NSA Invoked For FB Post On 'Babri Masjid': "Detention Justified But Delay In Disposing Representation": Allahabad HC Quashes Detention Order (Mohd. Faiyyaz Mansuri Thru. Brother Mohd. Siraj v. Union Of India Thru. Secy. Min. Of Home N.Delhi & Others) The High Court quashed a detention order passed by the DM, Lakhimpur Kheri under the National Security Act, 1980 against a man for his alleged Facebook post on Babri Masjid ("Babri Masjid will one day be rebuilt, just like Turkey's Sophia Mosque was rebuilt", the accused had posted on FB). The Bench of Justice Ramesh Sinha and Justice Saroj Yadav was hearing the habeas corpus plea of one Mohd. Faiyyaz Mansuri and found justification in his detention by the Detaining Authority, however, quashed the same on the ground that there had been a delay in disposing of his representation by the Union Government. The Menace Of Fake, Fabricated & Orchestrated News Is Harming Our Society: Allahabad High Court (Vishnu Kumar Srivastava (Petitioner In person) v. State Of U.P.Thru Addl.Chief Secy. Information Lko & Ors) The High Court observed that the menace of fake, fabricated, and orchestrated news is causing harm to society. The Bench of Justice Devendra Kumar Upadhyaya and Justice Abdul Moin observed this while hearing a plea seeking an appropriate direction to the State authorities for framing guidelines to regulate various news media so that the tendency to spread fake, fabricated, and orchestrated news, may be curbed. Also Read: Courts Should Be Cautious That Under Allegation Of Marriage, Victim Isn't Used As Shield To Escape From Offences By Accused: Allahabad HC UP Police Transfers Investigation Of Case Under 'Anti-Love Jihad Law' To Karnataka Police: Allahabad HC Stays Order, Seeks State's Response (Mrs. Umme Kulsum v. State Of U.P. Thru. Prin. Secy. Home & Ors). The High Court stayed an order passed by the Uttar Pradesh Police transferring an investigation into an 'Anti-Love Jihad Law' matter [U.P. Prohibition of Unlawful Religious Conversion Ordinance, 2020] to Karnataka Police and called for a response from the State Government. The Bench of Justice Ramesh Sinha and Justice Saroj Yadav was hearing the plea of a lady, Umme Kulsum, who sought quashing of an order passed by the Police Commissioner, U.P., Lucknow transferring the investigation in a case registered under UP Anti-Love Jihad Law, among others, to the Commissioner of Police, Banglore City. Also Read: Petitions Filed Before HC In The Name Of Deceased Advocate: Allahabad High Court Directs...

High Courts Weekly Roundup [September 6, 2021 To September 11, 2021]

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