Allahabad High Court
'Police Can't Refuse FIR Over Non-Production Of Evidence In Sexual Harassment Complaint; Can't Shift Burden On Prosecutrix': Allahabad High Court
The Allahabad High Court has observed that the police cannot refuse to register an FIR on a sexual harassment complaint moved before it merely because the Prosecutrix has not produced WhatsApp chats, call recordings or other material evidence in support of her allegations. The Court further observed that the burden of conducting a lawful investigation cannot be shifted upon the prosecutrix at the stage when she approaches the police with information disclosing cognizable offences. A bench of...
Police Refusal To Register FIR On Woman's Sexual Harassment Complaint Against Employer: Allahabad High Court Orders Inquiry By UP DGP
The Allahabad High Court recently directed the Director General of Police (DGP), Uttar Pradesh, to inquire as to why Ghaziabad Police officials refused to register an FIR on a woman's complaint against her employer alleging sexual harassment, molestation, inducement and criminal intimidation.A bench of Justice Chandra Dhari Singh and Justice Tarun Saxena passed the direction while dismissing a petition seeking quashing of the FIR registered against the accused employer. The Court found it...
Acceptance Of Final Report Doesn't Bar Further Investigation: Allahabad High Court
The Allahabad High Court has held that acceptance of a final report by a Judicial Magistrate does not bar the investigating agency from carrying out further investigation under Section 173(8) CrPC.A bench of Justice Vivek Kumar Singh made the observation while dismissing an application challenging an order of the Chief Judicial Magistrate, Mainpuri, which had permitted further investigation in a nearly two-decade-old murder case. The Court also clarified that an accused has no right to be...
UP Tenancy Act | Court Fee On Appeal Must Be Valued On Subject Matter In Dispute, Not Fee Paid Before Rent Authority: Allahabad High Court
The Allahabad High Court has held that an appeal preferred to the Rent Tribunal under Section 35 of the U.P. Regulation of Urban Premises Tenancy Act, 2021 must be valued on the subject matter in dispute in appeal, and not on the court fee paid on the application originally instituted before the Rent Authority.Where a composite decree of eviction, arrears of rent and mesne profits is assailed in its entirety, the Court held, mesne profits which have accrued or can be worked out arithmetically by...
Land Acquisition Act 1894 | Award As Per Court's Direction Can't Be Agitated For Not Computing Market Value Under 2013 Act: Allahabad High Court
The Allahabad High Court has held that an award made under the Land Acquisition Act, 1894 in compliance with a judicial direction to frame it in light of the Supreme Court's decision in Delhi Airtech Services Private Limited and another vs. State of U.P and another cannot be assailed on the ground that the market value ought to have been computed as on 01.01.2014, the date on which the Right...
What Rules Govern Font, Spacing, Margins In Petitions? Allahabad High Court Seeks Registrar General's Report
The Allahabad High Court has sought details of the rules or directives, if any, governing the use of typing font, spacing, signs, and margins while drafting the petition to be presented before the Court.A bench of Justice Ajit Kumar and Justice Garima Prashad sought the details after initially objecting to a petition whose relief clause had been drafted using italicised fonts. The Court had observed that such formatting was not permitted under the Rules of the Court and the orders passed by the...
Fair Compensation Act | State Can't Stay DM's Quasi-Judicial Order On Lapse Of Land Acquisition Without Statutory Power: Allahabad High Court
The Allahabad High Court has held that an order of the District Magistrate deciding a claim of lapse of acquisition under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is quasi-judicial in character, and the State Government cannot stay or nullify it by an executive order. It held that Section 24 confers no power...
UP Secondary Education Act | Appointment Against Fraudulently Created Short-Term Vacancy Can't Be Regularised: Allahabad High Court
The Allahabad High Court has held that Section 33-F of the U.P. Secondary Education Services Selection Board Act, 1982 cannot be invoked to claim substantive appointment where the short term vacancy against which the teacher was appointed was itself fraudulently created.Section 33-F provides for regularisation of appointments made against short term vacancies, entitling teachers appointed...
LPG Distributor Has No Legitimate Expectation To Retain Customers It Enrols On Behalf Of Oil Companies: Allahabad High Court
The Allahabad High Court has held that an LPG distributor has no legitimate expectation to retain customers on its rolls, as those customers are enrolled on behalf of the Oil Marketing Companies and not for the distributor itself. Upholding the Policy on Customer Transfer-Market Restructuring dated 21st Febraury 2025, the Court held that a distributor which has accepted the clauses of the Letter of Intent, the LPG Manual and the Distributorship Agreement permitting curtailment of its area of...
Bank Can Recover Loan Dues From Guarantor After Default Without First Proceeding Against Principal Borrower: Allahabad High Court
The Allahabad High Court has clarified that a bank can recover loan dues from a guarantor after the principal borrower defaults without first exhausting its remedies against the principal borrower.Referring to Section 128 Indian Contract Act, 1872 (Surety's liability), a bench of Justice Shekhar B. Saraf and Justice Abdhesh Kumar Chaudhary noted that the liability of the surety is 'coextensive' with that of the principal debtor, which means that the quantum of the guarantor's obligation is the...
'Hydroponic Weed' Is 'Ganja'; Growing Method Does Not Change Its Legal Status: Allahabad High Court Grants Bail In NDPS Case
Allahabad High Court observes that hydroponic weed is cannabis/ganja and its cultivation method does not change its legal status; the Court grants bail after noting that the 2.3 kg recovery was below commercial quantity.