Allahabad High Court
FIR Stayed, Yet Chargesheet Filed Against Student Leader Who Alleged UP SI Exam Irregularities: High Court Seeks SHO's Explanation
The Allahabad High Court (Lucknow Bench) has directed the Station House Officer (SHO) of a Police Station in Lucknow to explain how a chargesheet was forwarded in a case after the Court had stayed the FIR against student leader Ashutosh Kumar Pandey over his Facebook post alleging irregularities in the State Sub-Inspector Recruitment Examination, 2025.A Bench of Justice Rajnish Kumar and Justice Babita Rani passed the order after the State informed it that it had forwarded a chargesheet on...
Urban Ceiling Act | State Must Prove Actual Possession Before 1999 Repeal To Retain Land: Allahabad High Court
The Allahabad High Court has held that in proceedings under the Urban Land (Ceiling and Regulation) Act, 1976, the burden of proving that possession of the excess land was in fact taken over lies upon the State. It held that where the State fails to discharge it, the landholder is entitled to the benefit of the Urban Land (Ceiling and Regulation) Repeal Act, 1999.It held that an undated...
POCSO Case: Allahabad High Court Questions UP Education System After Class V-Educated Girl Fails To Read Hindi Newspaper
The quality of the State education system is "to put it mildly, a matter of serious concern", HC said.
UP Tenancy Act 2021 | Plaint Can't Be Rejected Where Defence Raises Questions Beyond Scope Of Rent Authority: Allahabad High Court
The Allahabad High Court has held that a defendant cannot obtain rejection of a plaint by invoking the bar on civil court jurisdiction in Section 38(1) of the U.P. Regulation of Urban Premises Tenancy Act, 2021 when the defence he himself sets up raises questions which, under Section 38(2), the Rent Authority has no jurisdiction to decide.Section 38(1) of the Act of 2021 bars a Civil Court...
Non-Payment Of Subsistence Allowance Doesn't Vitiate Disciplinary Proceedings, Employee Must Show Prejudice: Allahabad High Court
The Allahabad High Court has held that non-payment of subsistence allowance to a suspended employee does not by itself invalidate the disciplinary proceedings taken against him. The employee must show a connection between the non-payment and the prejudice he claims to have suffered in defending himself.Justice Garima Prashad held,“The plea relating to non-payment of subsistence allowance...
Candidate Can't Be Excluded From Selection For Postal Delay When Application Was Dispatched Within Time: Allahabad High Court
The Allahabad High Court has held that a candidate who applies online within time and dispatches the hard copy of the application within the prescribed period by a mode of transmission permitted by the advertisement cannot be excluded from the selection process merely because the postal article reached the recruiting authority after the cut-off date.Justice Manju Rani Chauhan held,“To...
Written Plea For Permanent Alimony Is The Rule; Oral Prayer Permissible Where Parties Agree On Entitlement, Quantum: Allahabad High Court
The Allahabad High Court has held that a claim for permanent alimony under Section 25 of the Hindu Marriage Act, 1955 must ordinarily be made in writing, either by a separate application or by a demand carried in the written statement. It held that an oral prayer can be entertained only in the exceptional case where the Court is not required to decide either the entitlement to permanent...
Order VI Rule 17 CPC | Subject-Matter Jurisdiction Must Be Decided Before Application For Amendment Of Plaint: Allahabad High Court
The Allahabad High Court has held that where a defendant's application under Order VII Rule 10 and Rule 11 CPC raises the issue of subject-matter jurisdiction, it must be decided before the plaintiff's application to amend the plaint under Order VI Rule 17 CPC. It held that a court lacking subject-matter jurisdiction cannot order an amendment that would bring the suit within its jurisdiction,...
Courts Can't Expand Academic Eligibility For Assistant Professor Post By Declaring 'Allied' Subjects: Allahabad High Court
The Allahabad High Court has held that a candidate has no immutable right to insist that a subject once recognised as allied or relevant to an advertised discipline must continue to be treated as such in a later recruitment. It held that the identification of allied/relevant subjects is an academic and policy determination falling within the domain of the competent authority, which a writ...
Decree Affirmed Up To Supreme Court Can't Be Reopened For Alleged Collusion When State Contested At Every Stage: Allahabad High Court
The Allahabad High Court has held that the State cannot resist execution of a decree by pleading collusion between the decree holder and State authorities, where it contested the suit and every appeal from the Trial Court up to the Supreme Court.Justice Chandra Kumar Rai held,“The judgements from Trial Court to Apex Court further demonstrate that at every stage, State was given...
Allahabad High Court Quashes Rejection Of Police Constable Candidature Over Pending Criminal Case
The Allahabad High Court has held that instructions issued by the Director General of Police on 05.04.2025 will not override the Government Order dated 28.04.1958, which continues to hold the field on the grant of character certificates at the time of first appointment to government service. It held that the appointing authority cannot simply adopt the recommendation of the District...
