Retired Armed Forces Personnel Applying For Re-employment After Completing Qualifying Service Entitled To Ex-Serviceman Status : Delhi HC

A Division Bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Vinod Kumar held that a retired Armed Forces personnel who applies for re-employment after completing the prescribed qualifying service is entitled to ex-serviceman status, and eligibility cannot be denied by supplementing fresh reasons later. Background Facts The respondent was a medical officer who had worked with the Indian Air Force. He superannuated on 30 June 2019. Before superannuation, he...

Teacher-Student Ratio Norms Under RTE Act Can't Be Invoked To Challenge Teachers' Transfer Policy: Allahabad High Court

The Allahabad High Court has held that teachers have no inherent right of transfer under any statute, and that such rights as they have in the matter arise only from the transfer policy itself.It held that a district-wise Pupil-Teacher-Ratio (PTR) list prepared by the State only to work its policy for inter-district transfer of basic school teachers has nothing to do with the mandate of The...

Commercial Auction | Buyer Must Inspect Site Before Bidding; Can't Later Object Over Location Or Construction Impediments: Allahabad High Court

The Allahabad High Court has held that an investor must be conscious of entire transaction when a commercial plot is bought on “as is where is” basis. It held that physical verification of the site is reasonably expected of a prudent person when plot is being bought through auction.The bench of Justice Mahesh Chandra Tripathi and Justice Kunal Ravi Singh held,“When the commercial plots...

Conflicting Time Limits In E-Auction Catalogue Must Be Harmonised To Uphold Transaction, Not Void It: Allahabad High Court

The Allahabad High Court has held that where two conditions of an e-auction catalogue prescribe conflicting time limits for payment by the highest bidder, they must be interpreted harmoniously in a manner which upholds the transaction rather than voids it. The dispute turned on two conditions of the catalogue issued by the Uttar Pradesh State Industrial Development Authority (UPSIDA)...

Burden On State To Prove Land Is Irrigated Before Declaring It Surplus Under Ceiling Act: Allahabad High Court

The Allahabad High Court has held that a finding that a tenure-holder's land is irrigated for the purposes of Section 4-A of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 must rest upon the Khasra entries of Fasli years 1378, 1379 and 1380, and where the State fails to produce those records, a declaration of surplus land founded on such a finding is a finding based on...

Prosecution's Failure To Produce Witnesses 'Indirectly' Helping Accused: Allahabad High Court Grants Bail In PFI 'Terror Plot' Case

The Allahabad High Court on Monday granted bail to two accused booked under the Unlawful Activities (Prevention) Act, 1967 (UAPA) in a case alleging a conspiracy to attack Hindu religious organisations and sensitive places in Uttar Pradesh, observing that the trial had made "very poor" progress despite repeated directions for its expeditious conclusion. A bench of Justice Rajesh Singh Chauhan and Justice Ram Manohar Narayan Mishra noted that the appellants had been in jail since February 17,...

Whether Marital Discord Can Be Dragged Into POSH Proceedings? Allahabad High Court To Examine; Grants Relief To Husband

The Allahabad High Court is set to examine whether proceedings arising essentially from a dispute between a married couple working in the same office can be brought within the ambit of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), observing that the legislation is "intended for a different purpose".A bench of Justice Pankaj Bhatia made the observation while hearing a petition filed by a man challenging a fact-finding report and...

'Police Can't Refuse FIR Over Non-Production Of Evidence In Sexual Harassment Complaint; Can't Shift Burden On Prosecutrix': Allahabad High Court

The Allahabad High Court has observed that the police cannot refuse to register an FIR on a sexual harassment complaint moved before it merely because the Prosecutrix has not produced WhatsApp chats, call recordings or other material evidence in support of her allegations. The Court further observed that the burden of conducting a lawful investigation cannot be shifted upon the prosecutrix...

Police Refusal To Register FIR On Woman's Digital Rape Complaint Against Employer: Allahabad High Court Orders Inquiry By UP DGP

The Allahabad High Court recently directed the Director General of Police (DGP), Uttar Pradesh, to inquire as to why Ghaziabad Police officials refused to register an FIR on a woman's complaint against her employer alleging sexual harassment, molestation, inducement and criminal intimidation.A bench of Justice Chandra Dhari Singh and Justice Tarun Saxena passed the direction while dismissing...

Acceptance Of Final Report Doesn't Bar Further Investigation: Allahabad High Court

The Allahabad High Court has held that acceptance of a final report by a Judicial Magistrate does not bar the investigating agency from carrying out further investigation under Section 173(8) CrPC.A bench of Justice Vivek Kumar Singh made the observation while dismissing an application challenging an order of the Chief Judicial Magistrate, Mainpuri, which had permitted further investigation in...

UP Tenancy Act | Court Fee On Appeal Must Be Valued On Subject Matter In Dispute, Not Fee Paid Before Rent Authority: Allahabad High Court

The Allahabad High Court has held that an appeal preferred to the Rent Tribunal under Section 35 of the U.P. Regulation of Urban Premises Tenancy Act, 2021 must be valued on the subject matter in dispute in appeal, and not on the court fee paid on the application originally instituted before the Rent Authority.Where a composite decree of eviction, arrears of rent and mesne profits is assailed...

Land Acquisition Act 1894 | Award As Per Court's Direction Can't Be Agitated For Not Computing Market Value Under 2013 Act: Allahabad High Court

The Allahabad High Court has held that an award made under the Land Acquisition Act, 1894 in compliance with a judicial direction to frame it in light of the Supreme Court's decision in Delhi Airtech Services Private Limited and another vs. State of U.P and another cannot be assailed on the ground that the market value ought to have been computed as on 01.01.2014, the date on which the Right...