Can't Be Punished More Than Once: Allahabad High Court Grants Relief To CISF Constable Awarded Punishment Earlier For Same Misconduct

The Allahabad High Court said that a major penalty cannot be imposed on a CISF personnel for the same misconduct for which minor penalty was already imposed, reiterating that "no person can be punished more than once for the same misconduct". Petitioner was appointed as Central Industrial Security Force (CISF) constable in 1987. After getting an increment to his basic pay, petitioner was awarded a minor punishment of withholding 2 annual increments. The petitioner was granted increment in...

Central Institute Of Medicinal & Aromatic Plants, Lucknow Not 'Industry' Under Industrial Disputes Act: Allahabad High Court

The Allahabad High Court has held that Central Institute of Medicinal & Aromatic Plants, Lucknow, a constituent/ Institute of Council of Scientific and Industrial Research, New Delhi is not an industry under 2(j) of Industrial Disputes Act, 1947.Definition of 'Industry' under the Act of 1947 reads as"2(j) "industry" means any business, trade undertaking, manufacturer or calling of employers and includes any calling, service, employment, handicraft, or industry occupation or avocation of...

Allahabad High Court Passes Split Verdict On Single Judge's Stay Of Arbitrator's Orders In Cooperative Society Election Dispute

A division bench of the Lucknow Bench of the Allahabad High Court delivered a split verdict against challenge to an order of the Single Judge whereby it had stayed the order of the Sub-Divisional Magistrate, who was acting as an arbitrator, by which election result of the Bahujan Nirbal Varg Sahkari Grih Nirman Samiti Ltd. (Petitioner) under the Uttar Pradesh Cooperative Societies Act 1965...

Termination Of MNIT Lecturer For Consensual Relationship With Student 'Shockingly Disproportionate': Allahabad High Court

Recently, the Allahabad High Court has set aside a 19 year old dismissal order of a professor of Motilal Nehru National Institute of Technology, Allahabad who was accused of emotional and physical harassment by an ex-student.Observing that the case could at best be of a false promise to marriage as the complainant had been in a relationship with the professor for 3 years after leaving...

Allahabad High Court Directs Criminal Contempt Against GST Official For Filing Misleading Personal Affidavit

On Thursday, Allahabad High Court directed initiation of criminal contempt proceedings against Additional Commissioner, Grade-2(Appeal) First, State Tax, Meerut for filing a misleading personal affidavit before the Court despite being given 2 opportunities. Noting that the impugned order did not show any consideration of the circulars and only quoted a report signed by an...

Selective Investigation And Prosecution Under Gangsters Act Corrodes Rule Of Law: Allahabad High Court

Observing that bail conditions are routinely flouted by gangsters and repeated adjournments are taken in Court, the Allahabad High Court observed,“At its core, the concept of a democratic State rests on the premise that every citizen is not only equal before law but equally entitled to its protection and equally significant in the eyes of a welfare State. Administrators must bear in mind that the choices they make ultimately shape the administration of justice- and history not only records those...

Authorities Often Remain Oblivious To Law, Flood Courts With Cases And Clog Roster: Allahabad High Court

The Allahabad High Court has observed that the often times the authorities remain oblivious to the law of the land which leads to fooding of courts with cases and clogging the roster.Dealing with a case where an un-educated petitioner approached the Court against his own contractual compassionate appointment, Justice Manju Rani Chauhan held “It has been experienced that in some cases...

UP Police Mistakenly Invoke Chhattisgarh Law Instead Of UP Act In Conversion Case FIR, Chargesheet: High Court Seeks Action

The Allahabad High Court (Lucknow Bench) recently directed against the UP Police officials who mistakenly lodged an FIR and thereafter filed a chargesheet under the Chhattisgarh Freedom of Religion Act, 1968, instead of the intended UP Prohibition of Unlawful Conversion of Religion Act, 2021. A Bench of Justice Rajeev Singh not only returned the charge sheet to the Superintendent...

'Income Not Quantified': Allahabad HC Sets Aside Family Court Order Which Denied Maintenance To Wife Noting She Earns From YouTube

The Allahabad High Court recently set aside an order passed by the Family Court, which had rejected a wife's application for maintenance on the sole ground that she is a YouTuber and earns through 'Reels'. A Bench of Justice Harvir Singh observed that the Family court had arrived at the finding that the wife is capable of supporting herself without an actual assessment. The Court...

Hindu Marriage Cannot Be Declared Void At In-Laws' Instance After Husband's Demise Due To Bride Being Underage: Allahabad High Court

The Allahabad High Court has held that a Hindu marriage under the Hindu Marriage Act, 1955 cannot be declared void at the behest of in-laws at a belated stage raising claim of her being underage at the time of solemnization of the marriage. Sub-clause (iii) of Section 5 of the Hindu Marriage Act, 1955 provides that a bridegroom should be of 21 years of age and the bride should be of 18 years...

Allahabad High Court Grants Interim Bail To Vibhor Rana Booked For Illegal Sale Of Phensedyl Cough Syrup

Allahabad High Court on Thursday (December 18) granted interim bail to Vibhor Rana booked for alleged illegal sale of Phensedyl cough syrup on ground that he was not named in the FIR, his name had come out only in the confessional statements of co-accused and no recovery had been made from him during search.Applicant was allegedly involved in facilitating the illegal sale of Phensedyl cough...

Can Accused Directly File Successive Bail Pleas In HC On New Material Without Approaching Sessions Court? Allahabad High Court Answers

The Allahabad High Court has ruled that a second bail application, or successive bail applications, may be entertained by the HC on the basis of material collected during trial, even though such material was not available to the Sessions Court or the HC when the earlier bail application was rejected. A bench of Justice Arun Kumar Singh Deshwal, however, clarified that in appropriate...