UP Zamindari Abolition & Land Reforms Act Can't Be Applied To Determine Market Value Under Stamp Act: Allahabad High Court

The Allahabad High Court has held that the U.P. Zamindari Abolition and Land Reforms Act, 1950 cannot form the basis of determination of market value under the Indian Stamp Act, 1899. Justice Syed Qamar Hasan Rizvi held,“There is no doubt that the provisions of U.P. Zamindari Abolition and Land Reforms Act, 1950 encompasses different object and cannot be applied for the purpose of determination of the value of the land insofar it relates to Indian Stamp Act. Such determination is not controlled...

Inclusion In Waiting List Doesn't Create Indefeasible Right To Appointment: Allahabad High Court

The Allahabad High Court has recently reiterated that a wait list candidate has no absolute right for being considered for appointment and wait list cannot be for an indefinite period. Justice Saurabh Shyam Shamshery held,“It is well settled that a person in waiting list has no absolute right for consideration to get appointed as well as that a waiting list cannot remain in existence for unlimited period or a particular selection process cannot remain pending for unlimited period.”Petitioners...

Experience Gained As Part-Time Instructor Can't Be Counted Towards Eligibility For Headmaster Post: Allahabad High Court

The Allahabad High Court has recently held that experience gained as part-time instructor is not equal to regular teacher's experience and such part-time service will not make candidate eligible for appointment to the post of Headmaster unless specifically provided in law.Justice Manju Rani Chauhan held,“if the recruitment rules specifically require teaching experience as an Assistant Teacher in regular service, experience acquired merely as a part-time instructor lacking the attributes of...

3 Aadhaar Cards Illegally Used To Withdraw Ration Of 697 Cardholders: Allahabad High Court Denies Relief On Cancellation Of Fair Price Shop

Last month, the Allahabad High Court denied relief to a fair price shop license holder who was using 3 , to illegal withdraw ration of 697 ration cardholders as the petitioner could not demonstrate that ration was actually being distributed to 697 ration cardholders.While upholding the cancellation of petitioner's fair price shop license, Justice Arun Kumar held“it is evident that use of three Aadhaar cards to withdraw ration of 697 cardholders has not been reasonably explained by the...

Mere Incarceration In Criminal Case Without Conviction Can't Be Ground To Remove CISF Personnel From Service: Allahabad High Court

A division bench of the Allahabad High Court recently upheld the Single Judge order quashing termination order of a CISF Head Constable who was accused of murder and was incarcerated for a small period on grounds that disciplinary proceedings could not be initiated merely on grounds of his incarceration.The bench of Justice Rajan Roy and Justice Rajeev Bharti held,“we are of the opinion...

Absence Of Written Tenancy Agreement Or Not Furnishing Particulars Of Tenancy Don't Bar Rent Authority Jurisdiction: Allahabad High Court

The Allahabad High Court has held that under the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, the rent authority has the jurisdiction to entertain landlord's application for eviction of tenant where no tenancy agreement has been executed and the landlord has also failed to furnish the particulars of tenancy.Referring to various provisions of the Uttar Pradesh Regulation of...

Appointment Of Candidate Who Deliberately Enters Higher Marks In Form To Gain Undue Advantage Is Fundamentally Illegal: Allahabad High Court

The Allahabad High Court has held that appointment of a candidate who deliberately enters higher marks in application form for recruitment, to gain undue advantage in selection process is fundamentally illegal. It held that such candidate cannot seek the benefit of estoppel as the appointment is tainted from the beginning.Justice Manju Rani Chauhan held, “where a candidate deliberately...

'Deceased Was Murdered By Someone Else': Allahabad High Court Acquits Murder Accused 38 Years After Life Imprisonment Sentence

Recently, the Allahabad High Court has acquitted 3 accused of murder and serving life imprisonment on grounds that the murder was a blind murder and was carried out by someone else. The Court held that there were major contradictions in ocular and medical evidence and the prosecution failed to prove its case beyond reasonable doubt.While acquitting the 3 accused, the bench of Justice J.J....

Including Dead Persons As Prosecution Witness Goes To Root Of Matter, Shows Non-Application Of Mind Rendering Probe Unreliable: Allahabad HC

The Allahabad High Court has held that investigation is rendered unreliable and legally unsustainable if dead persons are included as prosecution witnesses without any explanation.Justice Shekhar Kumar Yadav held “The inclusion of deceased persons as prosecution witnesses, without any explanation, goes to the root of the matter and reflects non-application of mind during investigation,...

Section 5 Of Limitation Act Does Not Apply To Filing Of Election Petitions Under Municipalities Act, 1916: Allahabad High Court

The Allahabad High Court has held that Section 5 of the Limitation Act does not apply to filing of election petitions under the Municipalities Act, 1916 as such election petitions are not suits.Justice Subhash Vidyarthi held“Although an election petition filed under Section 20 of the Municipalities Act is not a suit, it is an original proceeding which has to be decided in the manner...

Domestic Award Pertaining To International Commercial Arbitration Enforceable By HC U/S 36 Of Arbitration Act: Allahabad High Court

The Allahabad High Court has held that a domestic award pertaining to an international commercial arbitration is enforceable by High Court, which has the jurisdiction, under Section 36 of Arbitration and Conciliation Act, 1996.The bench of Justice Rajan Roy and Justice Rajeev Bharti held that“.. it is the High Court which is the 'Court' for filing an application under Section 36 of...

Sole Arbitrator Returning Finding Based On Presumption, Modifying Agreement Vitiates Award: Allahabad High Court

The Allahabad High Court has held that finding returned by a Sole Arbitrator based on presumption and which has the effect of modifying the agreement, vitiates the arbitral award.The bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh held “The Sole Arbitrator by returning a finding which is not based on any evidence and material on record and merely is based on presumption...