The Allahabad High Court has come down heavily on the growing tendency of police to shoot accused persons in the name of encounters, observing that firing to “teach a lesson” is against the rule of law. Emphasising the constitutional principles, the Court remarked that, “India is a democratic country. It has to be run as … Read more
The Allahabad High Court has clarified that there is no legal prohibition on a person acting as a surety in more than one case, provided that the value of his property exceeds the total surety amount and the Court is satisfied about his sufficiency and fitness. Referring to Sections 485 and 486 of the Bharatiya … Read more
The Allahabad High Court has clarified that teachers and staff working in educational institutions whose recognition has been cancelled do not have any statutory right to seek adjustment or absorption in other recognised schools. The Court held that once the recognition of an institution is withdrawn, its teachers and employees cannot claim adjustment or absorption … Read more
Taking serious note of the long-standing non-implementation of the recommendations of the Maharashtra State Human Rights Commission (MSHRC), the Bombay High Court on Tuesday pulled up the State Government and directed the Principal Secretary of the Home Department to deposit ₹3.5 crore with the High Court registry within seven days. The amount pertains to 136 … Read more
The Allahabad High Court, while making significant observations on the increasing trend of live-in relationships, has remarked that under the influence of western ideas, the tendency among youth to live together without marriage is on the rise, posing a serious threat to Indian social values. The Court noted that when such relationships fail, legal proceedings … Read more
The Allahabad High Court has clarified in a maintenance related matter that if, due to criminal and violent acts of the wife or her relatives, the husband’s employment is adversely affected and his capacity to earn a livelihood is completely destroyed, then the wife cannot claim interim maintenance in such circumstances. The said order was … Read more
The Allahabad High Court has clarified that taking cognizance simultaneously under two distinct offences i.e. cheating under Section 420 IPC and criminal breach of trust under Section 406 IPC on the same set of facts or transaction is contrary to law, as the two offences are inherently contradictory in nature. The order was passed by … Read more
Recently in one of the case, the Allahabad High Court has held that rejecting a claim for compassionate appointment by treating a married daughter as outside the definition of “family” is legally unsustainable. Setting aside the order passed by the District Basic Education Officer (BSA), Siddharth Nagar, the Court clarified that in view of the … Read more
The Allahabad High Court has held that taking cognizance beyond the prescribed period of limitation in a theft case from Firozabad amounts to a clear violation of law as well as an abuse of the judicial process. Setting aside the entire criminal proceedings against two accused, the Court also issued directions to … Read more
The Aurangabad Bench of the Bombay High Court has set aside orders cancelling Higher Secondary Certificate (HSC) examination centres of several colleges solely on the basis of a single instance of cheating by one student, and held such action to be arbitrary and disproportionate. The Court found that while allotment of an examination centre may … Read more
