Allahabad High Court
UP Secondary Education Act | Appointment Against Fraudulently Created Short-Term Vacancy Can't Be Regularised: Allahabad High Court
The Allahabad High Court has held that Section 33-F of the U.P. Secondary Education Services Selection Board Act, 1982 cannot be invoked to claim substantive appointment where the short term vacancy against which the teacher was appointed was itself fraudulently created.Section 33-F provides for regularisation of appointments made against short term vacancies, entitling teachers appointed...
LPG Distributor Has No Legitimate Expectation To Retain Customers It Enrols On Behalf Of Oil Companies: Allahabad High Court
The Allahabad High Court has held that an LPG distributor has no legitimate expectation to retain customers on its rolls, as those customers are enrolled on behalf of the Oil Marketing Companies and not for the distributor itself. Upholding the Policy on Customer Transfer-Market Restructuring dated 21st Febraury 2025, the Court held that a distributor which has accepted the clauses of the...
Bank Can Recover Loan Dues From Guarantor After Default Without First Proceeding Against Principal Borrower: Allahabad High Court
The Allahabad High Court has clarified that a bank can recover loan dues from a guarantor after the principal borrower defaults without first exhausting its remedies against the principal borrower.Referring to Section 128 Indian Contract Act, 1872 (Surety's liability), a bench of Justice Shekhar B. Saraf and Justice Abdhesh Kumar Chaudhary noted that the liability of the surety is...
'Hydroponic Weed' Is 'Ganja'; Growing Method Does Not Change Its Legal Status: Allahabad High Court Grants Bail In NDPS Case
Allahabad High Court observes that hydroponic weed is cannabis/ganja and its cultivation method does not change its legal status; the Court grants bail after noting that the 2.3 kg recovery was below commercial quantity.
'Non-Application Of Mind': Allahabad High Court Summons Hardoi DM Over Inquiry To Remove Ex-Pradhan Whose Term Expired Over 5 Yrs Ago
The Allahabad High Court has summoned the District Magistrate, Hardoi, Anunaya Jha, to explain why an inquiry committee was constituted by him to conduct proceedings for the removal of a Gram Pradhan 6 years after his term expired.A bench of Justice Rajan Roy and Justice Manjive Shukla passed the direction while hearing a Public Interest Litigation (PIL) plea concerning the inquiry...
State Which Withdraws Special Appeal Is Bound By Findings Of Judgment It Challenged, Can't Re-Agitate Same Grounds: Allahabad High Court
The Allahabad High Court has held that where the State gets its special appeal against a judgment dismissed as not pressed, it accepts the findings of that judgment and is barred from urging the same grounds again in later proceedings between the same parties. It held that an administrative order rejecting a claim on grounds already turned down by the Court amounts to sitting in appeal over...
Denial Of Maintenance Forcing Wife Into Destitution Violates Her Right To Live With Dignity Under Article 21: Allahabad High Court
The Allahabad High Court last week observed that denial of maintenance, forcing the wife into destitution, violates the constitutional guarantee under Article 21, which includes the right to live with dignity.The Court added that the maintenance ensures that the wife is not compelled to lead a life of destitution for such deprivation would offend the dignity guaranteed under Article 21. A...
Allahabad High Court Imposes ₹1 Lakh Costs On Couple For Securing Interim Protection By Concealing Man's Existing Marriage
The Allahabad High Court (Lucknow Bench) last week imposed ₹1 lakh costs on a couple after finding that they had concealed the fact that the man was already married to secure interim protection from police harassment and coercive action.Dismissing their petition, a bench of Justice Rajnish Kumar and Justice Babita Rani noted that the couple had moved the Court with a false affidavit and...
Allahabad High Court Orders ₹25 Lakh Compensation For 2 Sisters Illegally Confined By Father After Conversion To Islam
The Allahabad High Court last week ordered the father of two adult sisters and the Uttar Pradesh Government to jointly pay ₹25 lakh compensation after holding that the women were illegally confined at their parental home following their decision to convert from Hinduism to Islam.A bench of Justice Sandeep Jain passed the order while allowing a habeas corpus petition concerning Diya Bhatia...
Property Purchaser Can't Seek Enforcement Of Sale Deed After Failing To Deposit Balance Amount For 20 Years: Allahabad High Court
The Allahabad High Court has held that a property purchaser cannot seek enforcement of a sale deed after failing to deposit the balance sale consideration for 20 years. In doing so the court quashed an order granting time to a purchaser, whose suit for specific performance was decreed, to deposit the balance sale amount after noting that he waited for 20 years to move the plea for extension...