Allahabad High Court
'Performing Daughter's Marriage A Pious Obligation In Hindu Way Of Life': Allahabad HC Grants Short-Term Bail To Convict
Observing that performing the marriage of a daughter is one of the pious obligations in the Hindu way of life, the Allahabad High Court recently granted a 7-day short-term bail to a convict to allow him to participate in his daughter's wedding. A bench of Justice Ram Manohar Narayan Mishra passed the order on an application filed by Desh Raj in a pending appeal challenging his conviction. The appellant was convicted under Section 304 IPC by an Additional Sessions Judge in Lucknow in ...
Complainant Can Move Plea U/S 311 CrPC To Summon Witnesses; Public Prosecutor's Application Not A Precondition: Allahabad HC
The Allahabad High Court recently observed that, in a state case, a court can exercise its power under Section 311 CrPC to summon witnesses or exhibit documents, even on an application filed by the complainant.The Court also clarified that filing of an application by the Public Prosecutor is not a 'precondition' for exercise of powers under this provision [now Section 348 BNSS] A bench of Justice Subhash Vidyarthi made this observation while dismissing a petition filed by an accused challenging...
Mere Reservation For Future Planning Not 'Utilisation' Of Acquired Land: Allahabad High Court Directs Restoration To Landowner
The Allahabad High Court has held that mere reservation of land for “future planning” without any actual development or use of the land does not amount to 'utilization' under Section 17 of the U.P. Urban Planning and Development Act, 1973.Section 17 of the U.P. Urban Planning and Development Act, 1973 provides acquisition of the land by State Government under the Land Acquisition Act...
Mere Discrepancy In DOB Without Intent To Deceive Isn't Fraud: Allahabad High Court Quashes Govt School Teacher's Dismissal
The Allahabad High Court has ruled that a mere discrepancy in the dates of birth in different educational records of a government servant, bereft of any element of fraud, misrepresentation, or deliberate concealment, won't be 'fraud or wilful misrepresentation' so as to nullify his appointment. A bench of Justice Manju Rani Chauhan thus quashed the June 2019 dismissal order passed against...
'Investigation Tainted, One-Sided': Allahabad High Court Acquits 2 Men In 1986 Murder Case
The Allahabad High Court last week set aside the life imprisonment of 2 men convicted in a 1986 murder case as it observed that the investigation in the case was "tainted and one-sided". A bench of Justice Chandra Dhari Singh and Justice Devendra Singh-I also found faults with the trial court over its failure to examine the case of the accused-appellants in respect of the cross-case in...
Mere Administrative Exigency Or Convenience Can't Be Ground To Invoke Urgency Clause Under Land Acquisition Act: Allahabad High Court
The Allahabad High Court has held that mere administrative exigency or convenience cannot be a ground to invoke urgency clause under Section 17 of the Land Acquisition Act, 1894. It held that there must be some real and demonstrable urgency which must be recorded with reasons in the notification for invocation of Section 17 of the Act. The bench of Justice Sangeeta Chandra and Justice Brij...
Rejecting Farmers' Welfare Claims Over Delay Without Considering Reasons Violates Natural Justice: Allahabad High Court
The Allahabad High Court has held that non-consideration of claim under the Mukhyamantri Krishak Durghatana Kalyan Yojana beyond the prescribed period of 75 days, violates principles of natural justice especially when such delay is caused due to action/inaction of the State.While dealing with a bunch of petitions were the claim under Mukhyamantri Krishak Durghatana Kalyan Yojana was rejected...
Prior Notice By Police Not Necessary For Property Attachment U/S 106 BNSS: Allahabad High Court
The Allahabad High Court has recently held that for attachment of property by the police under Section 106 of the BNSS, no prior notice is required to be served on the person. It distinguished Section 106 from Section 107 where it specifically provides for the magistrate to issue notice to the person whose property is sought to be attached under Section 107 of BNSS. Section 106 BNSS...
Allahabad High Court Slams KDA For 41-Year Delay In Handing Over Allotted Plot, Directs Chief Minister To Probe Officers' Negligence
The Allahabad High Court has called upon Chief Minister Aditya Yoginath to probe the alleged negligence of KDA officers, responsible for 41 years delay in handing over possession of an allotted land to its now 90-years-old lease holder.Justice Sandeep Jain was dealing with the case of a 90-year old plaintiff who was the highest bidder and the obtained a 999 years lease in 1984 but was not...
Land Acquisition | HC Can Suo Moto Enhance Compensation Even If No Cross-Appeal Is Filed By Landowners: Allahabad High Court
The Allahabad High Court has recently held that High Court has the suo moto power under Order 41 Rule 33 CPC to enhance the compensation even if the land owners do not filed cross appeal.Relying on a 2010 decision of the Supreme Court in Pralhad and others vs. State of Maharashtra, Justice Sandeep Jain held:“It is apparent that the Apex Court in the case of Pralhad (supra) has considered...
'Shockingly Disproportionate': Allahabad HC Quashes ₹2.14 Cr Recovery From Employee; Says No Finding Of Financial Loss Or Personal Gain
Recently, the Allahabad High Court observed that punishment of recovery of Rs. 214.87 lacs from a delinquent employee was “shockingly disproportionate” when there were no findings regarding any financial loss suffered by the department or any monetary gain by the employee due to his misconduct. Justice Saurabh Shyam Shamshery held “There was no charge that department has suffered...
Co-Tenancy Can't Be Allowed Based On Assumption Of Existence Joint Family, Must Prove Plot Is Ancestral: Allahabad High Court
The Allahabad High Court had held that co-tenancy cannot be allowed based on assumption of existence joint family. It held that party must prove plot is ancestral along with identity and continuity of entry. Justice Chandra Kumar Rai held,“… plot in question was not proved to be ancestral as well as identity of plots and continuity of entry of the plot in question has not been established,...