Cancellation of examination centres over a single cheating incident not fair: Bombay High Court

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

Summoning a witness repeatedly in sensitive POCSO cases is illegal: Allahabad High Court

The Allahabad High Court, while dismissing the application filed under provision of BNSS (Section 528) by the accused seeking to recall the victim for re-cross-examination in a case under the POCSO Act, categorically held that summoning a child victim again after her cross-examination has already been conducted in a pending trial is not only contrary … Read more

Court comes down heavily on GNIDA for arbitrary lease rent recovery in violation of lease conditions: Allahabad High Court

The Allahabad High Court has set aside the demand of ₹5.28 crore raised by the Greater Noida Industrial Development Authority (GNIDA) from an industrial unit, holding the recovery to be illegal. The Court categorically observed that a lease deed is a binding contract and any enhancement of lease rent, without adhering to the conditions stipulated … Read more

Minor’s Right to Passport Cannot Be Hampered Due to Parental Disputes: Allahabad High Court

  The Allahabad High Court, while dealing with a case where a minor girl was denied issuance of a passport on the ground of matrimonial dispute between her parents, has held that a minor child’s passport application cannot be withheld or kept pending indefinitely merely because of ongoing matrimonial or criminal disputes between the parents. … Read more

Directions to DGP to issue SOP for mandatory recording of search and seizure

  The Allahabad High Court, while hearing a case relating to the alleged theft of 40 motorcycles, directed the Director General of Police (DGP), Lucknow, Uttar Pradesh, to issue a detailed Standard Operating Procedure (SOP) for mandatory recording of search and seizure as prescribed under Section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The … Read more

Recording Testimony of a Minor Daughter After Seven Years Not Legally Justified: Supreme Court

The Supreme Court, while making significant observations in a criminal case relating to dowry harassment and abetment of suicide, has categorically held that producing a minor child as a prosecution witness several years after the incident is neither necessary nor in the interest of justice. The Court observed: “First, there is no material on record … Read more

Accused Released After 24 Years of Incarceration Owing to Judicial Laxity: Allahabad High Court

The Allahabad High Court, while acquitting an accused who had remained in prison for nearly 24 years in a dacoity case, has categorically held that an accused cannot be convicted solely on the basis of an ‘admission’ made under Section 313 of the Code of Criminal Procedure (Now Section 351, BNSS) unless the prosecution leads … Read more

Excluding one legal heir from the property does not render a will invalid: Supreme Court

The Supreme Court, while delivering an important judgment in a family dispute relating to the partition of a father’s property, has clarified that if a will is proved in accordance with law, it cannot be treated as suspicious merely on the ground that one legal heir has been excluded from it. The Supreme Court said … Read more

Pension and gratuity are not charity, but accrued statutory rights: Allahabad High Court

The Allahabad High Court, while delivering an important judgment in a decades-old education service dispute, has held that teachers cannot be deprived of pension, gratuity and salary arrears on the basis of management infighting, administrative apathy or inquiries conducted after several years. The Court observed that: “The State, having accepted their services and paid them … Read more

Court takes a stern view of illegal felling of 66 trees in Garden (Upvan), orders high-level inquiry : Allahabad High Court

The Allahabad High Court on thursday has expressed strong displeasure over the illegal felling of 66 trees in a Garden (Upvan) situated near Sharda Mai Mandir, Mohalla- Ghasarpura, coming under the local limits of Nagar Palika Parishad, Barua Sagar, Jhansi and has ordered a high-level inquiry into the entire matter along with necessary action. A … Read more