Allahabad High Court
Allahabad High Court Registers Suo Motu PIL Over Alleged Assault On 3 Lawyers At Lucknow District Court
The Allahabad High Court on Wednesday converted into a separate suo motu Public Interest Litigation PIL the matter concerning the alleged assault on three Delhi-based advocates, including two women lawyers, and their client inside the Lucknow District Court premises (on Tuesday).The Court observed that the issue should no longer remain an interlocutory application IA in a pending criminal writ petition.A Bench of Justice Rajan Roy and Justice Manjive Shukla took the decision after considering...
'In Free Fight, Each Person Is Responsible For Own Act': Allahabad High Court Acquits 4 Women, Upholds Conviction Of 2 Men In 1984 Clash
Observing that when it is not clear from evidence which party was the aggressor in a clash, then it would be deemed that it was a “free fight”, where each person is responsible for their own act, the Allahabad High Court has acquitted 4 women and upheld the conviction of 2 men in a 1984 land dispute case. A bench of Justice Sanjiv Kumar passed the judgment while dealing with an appeal filed against the June 1988 judgment of the Additional Sessions Judge/Special Judge (E.C. Act),...
No Disciplinary Enquiry Needed To Dismiss Employee Who Obtained Reserved Category Appointment By Forged Caste Certificate: Allahabad High Court
The Allahabad High Court has held that where an appointment to a reserved category post is obtained by producing a forged and fabricated caste certificate, the appointment is void ab initio and the employer need not conduct a full departmental disciplinary enquiry before terminating it.It held that since the appointment was itself an illegal order, issuing a show-cause notice before dismissal...
Limitation To Redeem Usufructuary Mortgage Runs From Payment Of Mortgage Money, Not Date Of Mortgage Deed: Allahabad High Court
The Allahabad High Court has held that limitation for a suit to redeem usufructuary mortgage or recover possession begins to run only when the mortgagor pays or tenders the mortgage money and not from the date on which the mortgage deed is executed.A usufructuary mortgage is one where the mortgagor hands over possession to the mortgagee, who keeps the rents and profits in lieu of interest...
Compassionate Appointee Can't Be Removed For Alleged Suppression Of Facts Already Known To Authorities: Allahabad High Court
The Allahabad High Court has held that a person appointed on compassionate grounds following his mother's death cannot be removed from service on allegations that he concealed his father's government employment, when the authorities were aware of that fact at the time of appointment and had granted him the job after verifying his documents.The Court held that petitioner's termination in...
Absconding To Evade Arrest In Dowry Case: Allahabad High Court Rejects Mother's Habeas Corpus Plea Claiming Son Detained By Wife
The Allahabad High Court has dismissed a habeas corpus writ petition filed by a mother seeking the production of her 35-year-old son after noting that the man is instead absconding to evade arrest in a dowry and harassment case. “The investigation against accused persons have been concluded and a charge sheet has been submitted against the petitioner Omwati and corpus Manish, under Sections 85, 115(2), 352, 351(2) of B.N.S. and 3/4 of D.P. Act, as such, no ground is made out for...
ED Free To Act If Illegality Found During Probe Into Disproportionate Assets Complaint Against Rahul Gandhi: Allahabad High Court
The Allahabad High Court on Monday observed that the Enforcement Directorate (ED) is not helpless and may proceed strictly in accordance with the law if its probe into a complaint alleging 'disproportionate assets' against Leader of Opposition Rahul Gandhi reveals any "misdeed or illegal act".Simultaneously, observing that the affidavit filed by the Central Bureau of Investigation (CBI) lacked clarity, the Court directed the agency to file a fresh affidavit in the matter.Perusing affidavits...
Allahabad High Court Holds Urgent 7 PM Hearing Over Assault On Women Lawyers At Lucknow Court; Orders Security
Taking serious note of allegations that 3 Delhi-based advocates, including 2 women lawyers, were assaulted and prevented from appearing before a court at the Lucknow District Court, the Allahabad High Court on Tuesday convened a special Bench at 7 PM. The development came just hours after a practising Supreme Court advocate alleged before the Chief Justice of India's Court that she and her client were beaten up by a Bar Association office bearer in connection with a land...
Allahabad High Court Cancels Interim Bail Of Advocate Accused Of Sexually Harassing, Stalking Woman Lawyer
The Allahabad High Court on Monday cancelled the interim bail of an advocate accused of harassing and stalking a lady colleague while observing that his acts of writing directly to the judge's chamber and showing up in open court in violation of his explicit undertaking were "contemptuous and wholly unprofessional". Cancelling his bail and ordering that he be taken into...
No Purpose In Sending 92-Year-Old Man To Jail: Allahabad High Court Modifies Sentence In 1982 Criminal Assault Case
The Allahabad High Court on Monday upheld the conviction of a 92-year-old man in connection with a 1982 assault case; however, it modified his sentence to the period already undergone in jail, considering that no useful purpose would be served by sending him to prison now. A bench of Justice Sanjiv Kumar thus partly allowed the criminal appeal filed by the appellant (Chhotey Lal) in...