Allahabad High Court
National Highways Act | Competent Authority Can't Decide Disputed Compensation Shares, Must Refer Matter To Civil Court: Allahabad High Court
The Allahabad High Court has held that where co-sharers are seriously at odds over their shares in land acquired under the National Highways Act, 1956, the competent authority has no jurisdiction to apportion the compensation between them and must refer the dispute to the principal civil court of original jurisdiction.Section 3H(3) of the National Highways Act, 1956 lets the competent...
Refusing To Defer Physical Test For Pregnant Candidate Forces Her To Choose Between Motherhood & Employment, Not Justified: Allahabad High Court
The Allahabad High Court has held that refusing to postpone the physical efficiency test of a woman candidate in an advanced stage of pregnancy compels her to choose between bearing a child and employment, and interferes with her right of reproduction as well as her right to employment. It held that where the recruitment rules are silent on postponement and lay down no bar against it,...
S. 8 UP Anti-Conversion Law | Representation To DM Can't Substitute Pre-Conversion Declaration In Schedule-I Format: Allahabad High Court
The Allahabad High Court has clarified that a person intending to convert his or her religion under the UP Anti-Conversion Law is mandatorily required to submit a pre-conversion declaration in the prescribed Schedule-I format under Section 8, and a mere representation to the District Magistrate (DM) cannot be substitute to it.A Bench of Justice Ajit Kumar and Justice Garima Prashad thus...
'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...
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...
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...