Allahabad High Court
'Police Stations Have Become A Place Of Commercial Activities': Allahabad High Court Orders DGP Inquiry Over Cop's Transport Business
The Allahabad High Court on Monday directed the UP DGP to conduct an inquiry into a Ballia police constable's alleged transport business. Observing that police stations have become places of commercial activity, the Court said that policemen are "constantly busy in commercial activities rather than maintaining law and order in the State".A bench of Justice Rohit Ranjan Agarwal also directed the DGP and the Additional Chief Secretary (Home), Uttar Pradesh, to initiate disciplinary...
Allahabad High Court Questions Why Revenue Officer Prepared Two Contradictory Orders In Same Case, Suspects 'Something More Than Negligence'
The Allahabad High Court has held that where two mutually contradictory orders are passed on the same date in the same case, one in favour of the litigant and the other against him, the matter cannot be treated as one of negligence on the part of the officer who passed them. While dealing with two contradicting orders uploaded from the office of the Collector, Deoria, Justice Kshitij...
Return Of Plaint Not Sole Remedy Where Court Lacks Pecuniary Jurisdiction; Suit Can Be Transferred U/S 24(5) CPC: Allahabad High Court
The Allahabad High Court has held that a suit instituted before a court lacking pecuniary jurisdiction can be transferred by the District Court to a competent court under Section 24(5) of the Code of Civil Procedure, 1908. It held that return of the plaint under Order VII Rule 10 CPC is not the only course available once such a defect comes to light.It further held that the evidence...
UP Tenancy Act | Third Party Claiming Independent Title Not A Necessary Or Proper Party To Eviction Proceedings: Allahabad High Court
The Allahabad High Court has held that a third party asserting an independent title adverse to the landlord is neither a necessary nor a proper party to proceedings under Section 21 of the U.P. Regulation of Urban Premises Tenancy Act, 2021.It held that questions of title cannot be brought into eviction proceedings through an application for impleadment under Order I Rule 10 of the Code of...
Fair Price Shop Dealership | Married Daughter Can't Be Denied Compassionate Appointment Solely Due To Marital Status: Allahabad High Court
The Allahabad High Court has held that a married daughter is included within the definition of “family” under the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 and cannot be refused appointment as a fair price shop dealer on compassionate grounds only because she is married. It held that she is entitled to be considered subject to fulfilling...
1976 Amendment To UP Ceiling Act Is Retrospective, Fresh Determination Of Surplus Land Not Barred By Res Judicata: Allahabad High Court
The Allahabad High Court has held that a decision rendered before 10th October 1975 does not operate as res judicata to bar fresh adjudication of surplus land under the U.P. Imposition of Ceiling on Land Holdings Act, 1960, as amended by the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1976.The Court observed that Section 38-B of the Act insulates fresh adjudication...
Not Every Procedural Irregularity Vitiates An Arbitral Award: Allahabad High Court
The Allahabad High Court at Lucknow has recently held that not every procedural irregularity would vitiate an arbitral award or justify interference under Sections 34 or 37 of the Arbitration and Conciliation Act, 1996. A Division Bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh made the ruling in a dispute between the U.P. State Highways Authority and the concessionaire appointed to develop and operate the Meerut-Karnal Road project under a public-private...
50K Final Reports Pending For Orders In Lucknow Courts Alone: High Court Cites 'Indifference' Of Presiding Officers, Seeks Statewide Data
The Allahabad High Court last week expressed serious concern over the prolonged pendency of final reports in criminal cases across Uttar Pradesh. The Court noted that approximately 50,000 matters involving final reports are pending for orders in the Lucknow judgeship alone.Observing that such delays adversely affect the administration of criminal justice, a bench of Justice Tej Pratap Tiwari sought district-wise data from all District & Sessions Judges across UP regarding the pendency of...
UP Education Act | List Of Teachers Issued By Principal Not Seniority List; No Acquiescence For Failure To Object: Allahabad High Court
The Allahabad High Court has held that a list merely setting out the particulars of teachers working in an institution, issued by the Principal or by any authority other than the Committee of Management, cannot be treated as a seniority list under Regulation 3(1) of Chapter II of the Regulations framed under the U.P. Intermediate Education Act, 1921. It held that where no seniority list has...
Allahabad High Court Rejects PIL Seeking Enforcement Of Court Sitting Hours; Says Mandamus Against HC Judges Can't Be 'Countenanced'
The Allahabad High Court on Tuesday dismissed a Public Interest Litigation (PIL) petition seeking to enforce a 2008 Full Court resolution prescribing court sitting hours. The bench said that a writ of mandamus directed against judges of the High Court "cannot be countenanced".A Bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra also observed that the petition filed by a practising advocate of the High Court was founded on "incomplete facts"."…the petitioner has not cared to...
Police Have No Business Being 'Nosy Parkers': Allahabad High Court Quashes FIR, Slams Probe Into Consenting Adults' Marriage
The Allahabad High Court on Monday quashed an FIR lodged against a man accused of abducting a major woman who had voluntarily married him, observing that the police had no business being "nosy parkers" and investigating the marriage between two consenting adults."We have repeatedly reminded the Police that it is no business of theirs to investigate marriages. They ought investigate crimes. This is no crime, where any investigation is required", a Bench of Justice JJ Munir and Justice Tarun...