Allahabad High Court
S.21 NIA Act | Order Framing Charges Is Not Interlocutory, Appeal Lies Before HC: Allahabad High Court Differs With Delhi HC View
The Allahabad High Court has held that an order framing charges passed by a Special Court under the National Investigation Agency Act, 2008 (NIA Act) is not an interlocutory order and can therefore be challenged by way of an appeal before the High Court under Section 21 of the 2008 Act.A bench of Justice Subhash Vidyarthi thus differed with the view of the Delhi High Court in the case of Shahid Yousuf v. NIA, wherein it was held that the order framing charges is interlocutory in nature...
'Serious Matter': Allahabad High Court Summons SSP Mathura After CCTV Prima Facie Shows 'False Recovery' Against NDPS Accused
The Allahabad High Court has directed the Superintendent of Police (SSP), Mathura, to appear personally and file an affidavit after CCTV footage produced by 2 accused in an NDPS case led the Court to prima facie find that a "false recovery" had been shown against them.A bench of Justice Rajiv Lochan Shukla termed the matter "very serious" and directed the SSP to provide a specific para-wise reply to the allegations made by the applicants. The order was passed while hearing anticipatory bail...
Recovery Of Allegedly Stolen 'Blanket, Mosquito Net' Not Enough To Prove Guilt: Allahabad High Court Acquits 2 In 1978 Robbery Case
The Allahabad High Court last week acquitted two men in connection with a 1978 robbery case, observing that the alleged recovery of a blanket and mosquito net from them did not furnish strong corroborative evidence, particularly since the articles were readily available in the market and bore no distinctive identifying marks.The Court also found deficiencies in the identification evidence, including the delayed conduct of the test identification parade and the non-production of the torch...
Section 47 CPC | Execution Proceedings Cannot Reopen Issues That Could Have Been Raised At Trial: Allahabad High Court
The Allahabad High Court has observed that objections under Section 47 of the Code of Civil Procedure (CPC) cannot be used to reopen issues that could have been raised and decided during the original trial, unless the judgment-debtor is able to establish that the decree is void and inexecutable on the face of it.A bench of Justice Anil Kumar-X made the observation while dismissing a civil revision filed by a judgment-debtor challenging the rejection of his objections to the execution of an...
Allahabad High Court Directs Fresh Committee To Consider Welfare Policy For Advocates' Clerks, Calls UP Finance Dept's Stand 'Arbitrary'
The Allahabad High Court has directed the Uttar Pradesh Government to constitute a fresh committee to consider the grievances of Advocates' Clerks and submit recommendations to the State for implementing a welfare policy for them.In its order passed on August 13, the Court also rejected the recommendations of an earlier committee from January 2021. A bench of Justice Alok Mathur and Justice Amitabh Kumar Rai found that members of the earlier committee were 'probably' unaware of the functioning,...
Allahabad High Court Slams UP Govt For Acquiring Land For Ayodhya Ram Mandir Without Paying Agreed Price
The Allahabad High Court has slammed the Uttar Pradesh government for acquiring Shri Thakur Ram Jankiji diety's land at 'Sugriv Kila' in Ayodha for development of Shri Ram Janma Bhoomi Temple, without paying sale price.The Court noted that the State was simultaneously questioning the deity's title and claiming that the land could not have been sold in the first place.Remarking that the...
Typing Speed Is Minimum Eligibility Condition For Promotion As Junior Assistant, Can Be Tested Before Written Exam: Allahabad High Court
The Allahabad High Court has held that testing minimum eligibility condition for promotion prior to promotion to the post of Junior Assistant before written test is conducted is valid. It held that after the enforcement of the U.P. Government Departmental Ministerial Cadre Service Rules, 2014, a minimum typing speed is an eligibility condition for promotion to the post of Junior Assistant,...
Mere Claim Of Ownership Of Suit Property Doesn't Make Third Party A Necessary Party In Small Causes Suit: Allahabad High Court
The Allahabad High Court has held that third party claiming independent title doesn't become necessary or proper party merely by asserting it in a small causes suit. It held that such a person can be brought on record only where his title has to be decided before the plaintiff's entitlement to the relief claimed can be determined.Order I Rule 10 CPC governs the addition of parties to a...
Writ Petition For Contractual Dues Against State Not Entertainable Unless Amount Is Admitted: Allahabad High Court
The Allahabad High Court has held that a writ petition seeking payment of contractual dues can be entertained against the State only where the dues are admitted. The bench of Justice J.J. Munir and Justice Indrajeet Shukla held,“We are conscious of the fact, that every writ petition seeking payment of contractual dues cannot be thrown out and can very well be entertained against the State...
Teacher Appointed Without Sanctioned Post, Qualification Can Claim Salary Only From Management Committee That Appointed Him: Allahabad High Court
The Allahabad High Court has held that a teacher appointed by a Committee of Management without prior approval of the post and without the qualification prescribed for it can only claim his salary from the Committee of Management which appointed him.Petitioner was appointed by the Committee of Management on 23rd November 1999, when he held the degree of 'Shiksha Alankar'. Unpaid, he moved...
Excess Salary Paid Due To Employer's Error 17 Years Ago Can't Be Recovered From Retiral Dues: Allahabad High Court
The Allahabad High Court has held that excess salary paid to a Class-III employee because of the employer's own faulty pay fixation cannot be recovered from his post-retiral dues where the mistake is corrected 17 years later and the employee is not shown to have brought it about.Directing refund of Rs. 11,51,840/- deducted from the retiral dues of a retired Head Constable (Driver), with 7%...
