Allahabad High Court
Service Rendered Before Regularisation Counts Towards Pension Eligibility, Not Towards Computation Of Pension: Allahabad High Court
The Allahabad High Court has held that the service rendered by a government servant before his regularisation, whether as a seasonal, ad-hoc, work-charged or temporary employee, must be counted while determining whether he has the qualifying service required to make him eligible for pension. It held that the pension itself can be computed only on the basis of the regular service rendered by him.The Court relied on the decisions of the Supreme Court in Prem Singh v. State of U.P. and Uday Pratap...
'Sar Tan Se Juda' Slogan Challenges India's Sovereignty; Can't Equate It With 'Allahu-Akbar', 'Jai Shri Ram': Allahabad High Court
Rejecting the bail plea of Maulana Taukir Raza Khan in connection with the September 2025 Bareilly violence case, the Allahabad High Court today observed that the slogan "Gustakh-e-Nabi Ke Ek Hi Saja, Sar Tan Se Juda, Sar Tan Se Juda" cannot be equated with religious slogans such as "Nara-e-Takbir, Allahu-Akbar", "Jo Bole So Nihal Sat Sri Akal", "Jai Shri Ram" or "Har Har Mahadev".A bench...
'Despotic' Officers Will Turn UP Into 'Orwellian Dystopia' : Allahabad High Court Slams Noida DM For NSA Detention Of Student
HC says Noida DM Medha Roopam sought to "set an example" out of student activist Akriti Chaudhary; orders ₹5L compensation recovered from DM and other officers' salaries while quashing NSA detention.
Advocate, Family Received ₹23L+ Across Cases; Allahabad High Court Orders UP-Wide Inquiry Into 'Misuse' Of SC/ST Act Benefits
The Allahabad High Court has directed the Uttar Pradesh Government to undertake an inquiry into the manner in which benefits under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the Rules framed thereunder are claimed and disbursed, particularly in cases involving repeated claims by the same persons or their family members. The direction was passed after a bench of Justice Santosh Rai noted that one Santosh Kumar Dohrey, an advocate by profession, and...
MV Act | Claim Petition Can't Be Dismissed At Final Stage For Want Of Territorial Jurisdiction Without Any Prejudice: Allahabad High Court
The Allahabad High Court has held that a Motor Accident Claims Tribunal cannot dismiss a claim petition at the close of a full trial merely on the ground that it lacked territorial jurisdiction, where none of the opposite parties has shown that it suffered any prejudice from the case being tried there.Section 166(2) of the Motor Vehicles Act, 1988 leaves the choice of forum to the claimant. The claim may go to the Tribunal for the area where the accident occurred, to the Tribunal where the...
Authority Sanctioning Building Plan Can't Decide Private Title Dispute: Allahabad High Court Sets Aside Rejection Of Map Sanction
The Allahabad High Court has held that an authority deciding an application for sanction of a building map has no jurisdiction to hold that ownership of the land is disputed, except where the land belongs to the government or the Gaon Sabha or is the subject matter of proceedings. It held that where the dispute is private, the only question is whether an injunction is in force.Justice...
Routine Retail Sale Of Codeine Cough Syrup Without Prescription Violates Drugs & Cosmetics Act, Not NDPS Act: Allahabad High Court
The Allahabad High Court has held that where a medical store sells codeine-based cough syrup containing a permitted quantity of codeine in the course of routine sale without a medical prescription, the lapse is a violation of the Drugs and Cosmetics Act and not an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985. It held that the position changes only where a large quantity is sold within a very short period, which would show that the retailer knew the syrup was going to a...
Civil Court Can't Determine Agricultural Land Boundary Based On Advocate Commissioner's Report: Allahabad High Court
The Allahabad High Court has held that where the real controversy in a suit for injunction is the boundary between two adjoining agricultural holdings, the Civil Court cannot settle that boundary on a map prepared by an Advocate Commissioner. It held that Section 24 of the U.P. Revenue Code, 2006 provides a statutory mechanism of survey and demarcation before the competent...
Public Holiday Preventing Joining On Due Date Can't Postpone Accrual Of First Increment: Allahabad High Court
The Allahabad High Court has held that where an appointment stood validly made and the appointee could take charge only on the next working day because the intervening day was a public holiday, the holiday cannot by itself postpone the accrual of a service benefit otherwise due to him.Paragraph 8(2) of the Government Order dated 22.12.2016, issued under the Seventh Pay Commission with effect from 01.01.2016, provides two annual increment dates. An employee appointed between 02 January and 01...
Codeine Cough Syrup Within Permitted Quantity Attracts NDPS Act If Stocked Or Sold For Intoxication: Allahabad High Court
The Allahabad High Court has held that codeine-based cough syrup carrying codeine within the permitted limit is not a narcotic drug so long as it is sold or transported for medicinal use, but that the moment it is stocked, sold or transported to be used as an intoxicant, the exemption is lost and it becomes a codeine preparation attracting the Narcotic Drugs and Psychotropic Substances Act, 1985.Entry 35 of the Central Government notification dated 14.11.1985, issued under Section 2(xi)(b) of...
Accused Taken From Rajasthan Or Found In UP? UP Police Accused Of 'Fake Encounter'; Allahabad High Court Seeks ADGP, CP Reports
In a plea alleging a fake encounter by police officials, the Allahabad High Court has sought reports from senior officers of the Uttar Pradesh and Rajasthan Police after conflicting versions emerged regarding the arrest of a theft accused from Jaipur (Rajasthan) and his subsequent injury in an alleged police encounter in Firozabad (UP).A Bench of Justice Ajay Bhanot and Justice Divesh...
