Legal Heirs Can't Seek Compassionate Appointment When Major Penalty Imposed On Deceased Employee Remains On Record: Allahabad HC

The Allahabad High Court has held that legal heirs of a deceased employee are disqualified from seeking compassionate appointment when major penalty imposed remains in record at the time death and not where the major penalty though imposed, had adverse impact only for few years.A major penalty (not specified) was imposed on the father of the petitioner for a period of 2 years. After the expiry of this period the petitioner's father was granted promotion to the post of Manager of Union of India,...

Grabbing Breasts, Breaking Minor Victim's Pyjama String Not Attempt To Rape But Prima Facie 'Aggravated Sexual Assault': Allahabad HC

Observing that grabbing the breasts of the victim, breaking the string of her pyjama and trying to drag her beneath the culvert before fleeing the spot won't come under the offence of rape or an attempt to rape, the Allahabad High Court recently modified a summoning order, altering the charges against two accused. Initially summoned to face trial under Section 376 IPC (Rape) and Section 18 of the POCSO Act, the High Court instead directed that the accused be tried under the minor charge...

Krishna Janmabhumi Dispute | Allahabad HC Allows Impleadment Of UOI, ASI As Defendants In Hindu Plaintiffs' Suits With ₹5K Costs

In the ongoing Krishna Janmabhoomi-Shahi Eidgah Mosque dispute in Mathura, the Allahabad High Court on March 5 allowed amendment applications moved in two suits pending before the HC to implead Union of India through Secretary Ministry of Home Affairs and the Archaeological Survey of India (ASI). A bench of Justice Ram Manohar Narayan Mishra allowed the application subject to a cost...

UP Stamp Act | 2021 Amendment Imposing Limitation On Refund Not Applicable To Agreement Entered Prior To Amendment: Allahabad HC

The Allahabad High Court has quashed an order rejecting refund of stamp duty, holding that a retrospective amendment in 2021 to the state stamp act imposing a limitation period cannot extinguish a right based on the agreement entered into prior to the amendment.Petitioners had purchased stamp papers worth ₹4,37,000 in 2015 for executing a tripartite sale and sublease agreement with the...

Allahabad HC Rejects PIL Seeking Ban On Printing, Circulation Of Textbook Claiming 'Goddess Gayatri' Is 'Fictitious'

The Allahabad High Court has dismissed a Public Interest Litigation (PIL) plea seeking a total and complete ban on the printing, publication, distribution and circulation of the textbook 'Tathakathit Gayatri Devi Mantra Ki Vastavikta'. The PIL plea claims that the textbook written by Sant Gyaneshwar Swami Sadanand Ji Parmhans argues that Goddess Gayatri, the personified form...

Allahabad High Court Dismisses PIL Seeking A CBI Probe Into Mahakumbh Mela Stampede

The Allahabad High Court last week dismissed a Public Interest Litigation (PIL) plea seeking a probe by the Central Bureau of Investigation (CBI) into the stampede at the Mahakumbh Mela in Allahabad (January 29), which killed 30 people and left 60 more injured. The PIL plea moved by Keshar Singh and 2 others also sought a direction to the respondents to submit a “complete report”...

Proceedings U/S 129 Of GST Act Are Summary Proceedings, Burden To Prove Actual Movement Of Goods Lies On Assesee: Allahabad High Court

The Allahabad High Court has held that proceedings under section 129 of the GST Act are summary proceedings where the burden to prove the actual physical movement of goods is on the assesee transporting the goods. It further held that authorities have the power to seize goods on grounds of undervaluation.Justice Piyush Agrawal held, “Under the taxing statute, in the original proceeding or...

Approval Granted 30 Yrs Ago Can't Be Withdrawn On Ground That Post Was Not Created By Competent Authority: Allahabad High Court

Allahabad High Court has held that approval for a post sanctioned 30 years ago cannot be withdrawn only on grounds that it was not created by competent authority. It held that the person employed on such post cannot be denied salary after 30 years of continuous work and being paid without allegations of fraud or malpractice.Madarsa Jamia Alia Arabia Alinagar, Mau is a non-government...

Allahabad High Court Imposes ₹50K Cost On Centre, Railways For Denying Notional Increment To Employees Retiring A Day Before July 1

The Allahabad High Court has imposed a cost of Rs. 50,000 on the Union of India and various departments of Indian Railways for denying the benefit of notional increment to employees retiring on 30th June, despite the decision of the Supreme Court in Director (Administration and Human Resources) KPTCL and others v. C.P. Mundinamani and others and Union of India & Ors. Vs M....

'Avoid Ambiguity, Specify Essential Qualification': Allahabad HC Directs AMU To Ensure Clarity In Future Advertisements For Lecturer Posts

The Allahabad High Court has recently directed the Registrar of the Aligarh Muslim University (AMU) to be cautious and precise in its future advertisements for the posts of Lecturer, ensuring that no ambiguity surrounds the eligibility criteria. “…such ambiguity should be removed i.e. words shall be chosen carefully and instead of ambiguous words...

AMU Student Booked Over Anti-CAA Protests Moves Allahabad High Court Challenging Cognizance Order

A 25-year-old student of the Aligarh Muslim University (AMU) who is facing a 2020 FIR on the allegations of raising slogans during the CAA-NRC protests and thereby disobeying public servant's order has moved the Allahabad High Court challenging the cognizance order, the chargesheet, and the entire case proceedings. The petitioner, Misbah Qaiser, a B.Arch. Student at the...

Manav Sharma Suicide | 'FIR Prima Facie Reveals Commission Of Cognizable Offence': Allahabad HC Denies Relief To In-Laws

In the abetment of the suicide case of 25-year-old TCS Manager, Manav Sharma, the Allahabad High Court on Wednesday refused to quash an FIR lodged against his in-laws in Agra. Noting that the FIR against them prima facie reveals the commission of the cognizable offence, a bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar dismissed their writ plea. The...

High Court Slams ASI Over 'No Response' On Whitewashing Denial At Sambhal's Jama Mosque, Refers To It As 'Alleged Masjid'

Directing the Archaeological Survey of India (ASI) to carry out the whitewashing of the Sambhal Jama Masjid within a week, the Allahabad High Court on Wednesday criticised ASI for its inadequate response in denying the whitewashing of the mosque exterior part. “This Court finds that no suitable reply has been given by the ASI for denying to proceed for whitewashing of exterior part...

Allahabad HC Directs ASI To Undertake Whitewashing Of Sambhal's Jama Mosque Within 1 Week; Masjid Committee To Bear Costs

The Allahabad High Court has directed the Archaeological Survey of India (ASI) to carry out the whitewashing of the Sambhal Jama Masjid within one week, in accordance with the agreement signed in 1927 between the mosque management committee and the ASI. The ASI has been asked to carry out whitewashing on those parts where whitewashing is required. The court has also directed the...

'No Record Of His Engagement By Law Ministry': Allahabad HC On Lawyer's Plea For ₹1 Crore Legal Fees For 'Saving' Ex-CJI From 'Insult'

Dismissing a lawyer's plea seeking a direction to the Union Ministry of Law and Justice to pay him Rs. 1 crore legal fees for filing cases to save the then Chief Justice of India, Justice Dipak Misra, from "humiliation, insult, torture, and removal”, the Allahabad High Court observed in its order that there is nothing on record to indicate that the Ministry had ever engaged him...

Writ Petition Maintainable Against Private Bank Acting Outside License Terms: Allahabad HC On Bank Unilaterally Freezing Customer's Account

The Allahabad High Court has held that a writ petition is maintainable against a scheduled private bank under Article 226 of the Constitution of India if it prohibits a person/company from withdrawing their money from the bank which is a violation of the conditions of the license granted to the bank by the Reserve Bank of India.While dealing with Kotak Mahindra Bank's unilateral freezing of...

When First Reference Is Made, Duplicate Records Of Property Attached Under Gangster Act Must Be Retained For Future Release Application: Allahabad HC

The Allahabad High Court has directed the State Government to ensure that when a reference for release application of property attached under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 is made by the competent authority to a court of law, a duplicate copy of the original records must be retained by the competent authority to deal with any other release application...

Employee Cannot Be Paid Back Wages For Work Missed Due To Confinement In Jail, 'No Work No Pay' Applies: Allahabad High Court

The Allahabad High Court has denied relief to an employee who was confined in jail for almost 3 years holding that missed work due to confinement in jail does not entitle the employee to get back wages for the said period as the principle of 'no work no pay' applies.An FIR against the petitioner was lodged under Section 13(1)(b) read with Section 13(1) of the Prevention of Corruption Act,...

Companies Not 'State' U/Art 12 Merely Because They Comply With Rules & Regulations Of Ministries, Public Regulators: Allahabad HC

The Allahabad High Court has observed that a company complying with rules and regulations established by the various Ministries and public regulators would not by itself suffice for bringing it within the definition of "State" under Article 12 of the Constitution, With this, the bench held that 'Nayara Energy' (formerly Essar Oil Limited), an oil refining and marketing company, does...

Allahabad HC Orders CBI Probe Against Woman, Her Counsel For Filing False FIRs Containing Rape Allegations

The Allahabad High Court last week directed the Central Bureau of Investigation (CBI) to probe a woman and her counsel for lodging 'false' FIRs against men for serious offences including rape.A bench of Justice Vivek Chaudhary and Justice Brij Raj Singh noted that it was apparent that the informant and her counsel were in collusion and lodged false FIRs against many people for serious...