UP Police Rules | Agreeing With Inquiry Report Before Seeking Employee's Reply Doesn't Vitiate Disciplinary Proceedings: Allahabad High Court

The Allahabad High Court has held that a disciplinary authority's expression of agreement with the findings of the inquiry officer, recorded in the show cause notice, does not vitiate the punishment order that follows. It held that such agreement is a pre-condition for issuing the show cause notice at all.It observed that the inquiry officer's recommendation of punishment is...

Teacher Posted On Research Duty Not Entitled To Continue Service Till End Of Academic Session After Retirement: Allahabad High Court

The Allahabad High Court has held that continuation in service till the end of the academic session after superannuation is a concession and not a vested statutory right, and can be claimed only by a teacher who is actually engaged in regular teaching. It held that an Associate Professor of an agricultural university who had been posted as In-charge of a research station could not claim...

Allahabad High Court Orders Fresh Notices Before Demolition Of Illegally Constructed Lawyers' Chambers In Lucknow

The Allahabad High Court has granted one last opportunity to 72 alleged encroachers, most of whom are advocates, to either vacate chambers allegedly constructed on public pathway/public utility land near the Lucknow District Court complex or establish their valid claim over the same, failing which the Lucknow Municipal Corporation (LMC) has been directed to demolish them.A bench of Justice...

Preventive Detention Orders Passed Without Application Of Mind 'Deplorable': Allahabad High Court Urges Union Govt To Redress Situation

The Allahabad High Court has termed as 'deplorable' the passing of preventive detention orders without application of mind and without reference to the "grounds of detention". It, therefore, urged the Union Government to redress the situation at the earliest in the larger interest of the criminal justice delivery system.A Bench of Justice Siddharth and Justice Vinai Kumar Dwivedi made...

Duty To Maintain Courtesy Towards Colleagues Can't Convert Every Disagreement Or Fair Criticism Into Misconduct: Allahabad High Court

The Allahabad High Court has held that a service rule requiring an employee to maintain courtesy in dealings with colleagues cannot be interpreted in a manner that treats every disagreement, fair criticism or discussion about institutional affairs as misconduct. It held that a faculty member who convenes a meeting to raise concerns about a recruitment process does not thereby commit...

SARFAESI Act | Allahabad High Court Refuses To Fast-Track Recovery Of Possession, Says Executing Authority May Fix Its Own Priority

The Allahabad High Court has held that although the District Magistrate must proceed to deliver possession of a secured asset once an application under Section 14 of the SARFAESI Act, 2002 is made, and the function is a ministerial one, the authority is free to fix its priority according to the number of cases pending before it. The bench of Justice Prakash Padia and Justice Vivek...

Unexplained Delay By Public Authority In Deciding Citizen's Application Attracts 'Doctrine Of Malice In Law': Allahabad High Court

The Allahabad High Court has held that where a public authority sits over a citizen's application for an indefinite period without any reasonable or plausible justification, the inaction by itself attracts the doctrine of malice in law and shows arbitrariness. It held that an unjustified delay in permitting a citizen to carry on a lawful trade or business must answer to the “golden...

Contractor Cannot Indirectly Challenge Govt Action Against Another Entity Through Writ Petition: Allahabad High Court

The Allahabad High Court has held that a contractor cannot indirectly challenge Government action taken against another entity by filing a writ petition under Article 226 of the Constitution. A bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary added that where the grievance essentially arises out of contractual rights flowing from Letters of Intent, the appropriate remedy...

Trial Court Cannot Examine Witness At Pre-Cognizance Stage To Generate Fresh Evidentiary Material: Allahabad High Court

The Allahabad High Court has held that a trial court cannot examine a witness at the pre-cognizance stage to generate fresh evidentiary material, as such a course is "wholly" outside the scheme of Section 190 CrPC.A Bench of Justice Santosh Rai observed that a court which has not yet taken cognizance does not possess a "free-standing power" to collect additional or corroborative evidence, as...

Transfer Of Dissolved Society's Assets To Successor Company Valid: Allahabad High Court

The Allahabad High Court has held that Section 13 of the Societies Registration Act, 1860 places no embargo on a society resolving to dissolve itself and to transfer its property to a company incorporated under Section 25 of the Companies Act, 1956. It held that once not less than three-fifths of the members resolve upon dissolution, the society stands dissolved forthwith, and the acquisition...

Allahabad High Court Asks UP Govt To Fix Conflict In Limitation Period For Recovering Panchayat Fund Losses From Pradhan

The Allahabad High Court has held that the period within which surcharge can be imposed on a Gram Pradhan for loss, waste or misapplication of Gram Panchayat money or property is governed by the proviso to Section 27 of the U.P. Panchayat Raj Act, 1947, and not by the shorter period prescribed in the third proviso to Rule 257(2) of the U.P. Panchayat Raj Rules 1947. It held that the Rule is...

Allahabad High Court Bars Lucknow's Arya Samaj Mandir From Solemnizing Marriages Over Failure To Verify Marriageable Age Of Parties

The Allahabad High Court last week barred an Arya Samaj Mandir in Lucknow's Aliganj area from solemnizing marriages and issuing marriage certificates until further orders, after prima facie finding that it was solemnizing marriages without verifying the age of the persons concerned and whether they were of marriageable age. A Bench of Justice Rajnish Kumar and Justice Babita Rani passed...