1 year, 6 months ago

Allahabad High Court Directs Promotion Of Judicial Officer With Retrospective Effect, Sets Aside Adverse Entry

Live Law

The Allahabad High Court recently set aside the adverse entry made in the service record of judicial officer Sunil Kumar Singh-III and directed that he be promoted with retrospective effect from UPHJS 2015. In 2013-2014, the then District Judge, Ghaziabad, who was elevated to the High Court had awarded an adverse entry on the ACR of the petitioner stating Integrity as “doubtful” due to various complaints against him. High Court Verdict: The issue before the Court was whether in the facts and circumstances of the case, the adverse entry awarded to the petitioner was unsustainable in view of the note appended to column 1A of the circular dated 19.5.2007 or it could be sustained as per the decision of the Supreme Court in Rajendra Singh Verma through and Others vs. The Court held that since the adverse entry on recorded “Integrity doubtful” as there are several complaints against the petitioner”, the mandate of the Circular was not followed.

Court Complaints Retrospective Effect High Officer Awarded Entry Petitioner Judicial Officer District Judge Adverse Directs Promotion sets entry judicial awarded officer adverse complaints uphjs court judge directs promotion high petitioner retrospective effect

History of this topic

9 hours, 29 minutes ago

SC stays Allahabad HC observations on rape, terms its approach 'insensitive', ' inhuman'

Hindustan Times

New Delhi, Coming down hard on the Allahabad High Court's observations that mere grabbing of breast and pulling the string of a 'pyjama' do not amount to offence of rape, the Supreme Court on Wednesday stayed them and said they depicted "total insensitiveness" and an "inhuman approach". SC stays Allahabad HC observations on rape, terms its approach 'insensitive', ' inhuman' …

1 week, 2 days ago

Allahabad High Court Imposes ₹50K Cost On Centre, Railways For Denying Notional Increment To Employees Retiring A Day Before July 1

Live Law

The Allahabad High Court has imposed a cost of Rs. 50,000 on the Union of India and various departments of Indian Railways for denying the benefit of notional increment to employees retiring on 30th June, despite the decision of the Supreme Court in Director KPTCL and others v. C.P. Mundinamani and others, where the Supreme Court had held that a …

3 weeks, 1 day ago

Madras High Court reverses discharge of M.K. Alagiri from select provisions of law in land grab case

The Hindu

The Madras High Court on Tuesday reversed an order passed by a judicial magistrate in Madurai in 2021 discharging former Union Minister M.K. Justice P. Velmurugan allowed a criminal revision petition filed by the Inspectof of Police, Anti Land Grabbing special unit, Madurai city, in 2021 against the discharge of the former Minister from certain provisions of law related to …

3 weeks, 5 days ago

'Approach HC': Supreme Court Stays Arrest Of Samajwadi Party Trade Wing Chief In UP Police FIRs Over 'Objectionable' Posts

Live Law

Asking him to approach the Allahabad High Court for quashing/clubbing of FIRs, the Supreme Court today stayed for 2 weeks the arrest of Samajwadi Party trade wing chief Manish Jagan Agrawal who has been booked by Uttar Pradesh authorities over certain "objectionable" social media posts. "If the petitioner is already on bail, his arrest shall remain stayed for 2 weeks …

3 weeks, 5 days ago

'Approach HC': Supreme Court Stays Arrest Of Samajwadi Party Trade Wing Chief In UP Police FIRs Over 'Objectionable' Posts

Live Law

3 weeks, 6 days ago

Allahabad High Court Deprecates Practice Of Authorities Using 'Blacklisting' As A Tool For 'Extraneous' Reasons

Live Law

Emphasising that the punishment of blacklisting is required to be imposed upon a person only in rare cases, as the same is extremely harsh and stringent, which deprives a person of his right to carry on business, the Allahabad High Court recently noted that the authorities often use the tool of blacklisting as a mechanism for extraneous reasons. The division …

3 weeks, 6 days ago

Orissa High Court Denies Claim For Regularization Of Previous Service Due To Extended Delay In Filing

Live Law

The Orissa High Court bench comprising of Justice Sashikanta Mishra held that claim for regularization of service can be denied due to an extended delay in filing, coupled with the petitioner's subsequent employment in another institution. Background Facts The Petitioner was appointed against an Additional Trained Graduate post on 04.7.1991 in Akhua Odanga High School. It was contended by the …

1 month, 1 week ago

Allahabad High Court Seeks Report Over Alleged House Arrest Of An Advocate Under 'Oral Directions' Of District Judge

Live Law

The Allahabad High Court on Tuesday raised concerns over the alleged detention of a 70-year-old advocate from Agra, who was purportedly placed under house arrest by police personnel in November 2024 on the 'oral' directions of the District and Sessions Judge. The petitioner claimed he was detained in his house for 2 hours after serving Section 168 BNSS notice so …

1 month, 1 week ago

Allahabad HC sets aside order cancelling U.P. police radio operators’ recruitment process

Hindustan Times

Allowing a special appeal challenging the single judge bench order dated January 8, the Lucknow bench of the Allahabad high court has set aside the cancellation of the recruitment process for U.P. The single judge bench had said the Police Recruitment and Promotion Board does not have the authority to alter the established standards for recruitment examinations. The judgment was …

1 month, 2 weeks ago

'Shocking', 'Lower Court Records Not Received By Appellate Court For 5 Yrs': Punjab & Haryana HC Calls Judicial Officer's Actions 'Unacceptable'

Live Law

The Punjab & Haryana High Court has expressed shock at the actions of a judicial officer who failed to call for the lower court record of a case he was hearing on appeal for five years.The Court noted that the judge continued passing routine orders for five years without taking any effective steps to summon the case record from the …

1 month, 2 weeks ago

P&H High Court Declines To Interfere In Disciplinary Proceedings Against Judge For 'Unreasonably' Granting Excessive Compensation In Road Accident Case

Live Law

The Punjab & Haryana High Court has refused to drop disciplinary proceedings initiated against a judicial officer, a member Superior Judicial Services accused of granting excessive compensation in a road accident case based on "extraneous consideration." 20,69,688/- and Rs.18,25,400/- in two separate MACT cases, the High Court also alleged that the same are based on some extraneous consideration without specifying …

2 months ago

Allahabad High Court Orders Reinstatement Of ADGC (Criminal) Accused Of Making Comments Against Mahatma Gandhi

Live Law

The Allahabad High Court last week ordered the reinstatement of one Raj Pal Singh Dishwar to the post of Assistant District Government Counsel, whose services were dispensed with for allegedly making some objectionable comments against the 'Father of Nation'. It was his case that the order was passed based on a report sent by the District Magistrate, Hathras, to the …

2 months, 1 week ago

Punjab & Haryana High Court Directs Reinstatement Of Judge Who Was Expelled Over Alleged Misconduct Committed As A Lawyer

Live Law

The Punjab & Haryana High Court has directed to reinstate an additional and sessions judge with consequential benefit, who was dispensed from service during the probation period on account of "doubtful integrity". On the basis of a complaint made against the judge, in the Annual Confidential Report for the year 2015-16 recorded by the then Administrative Judge, the OSD Haryana …

2 months, 1 week ago

Promotion As District Judges Under Merit-cum-Seniority Quota Can't Be Denied To Suitable Candidates Based On Merit List : Supreme Court

Live Law

Granting relief to judicial officers of the Jharkhand Judiciary who were denied promotion despite meeting the minimum marks required in the suitability test for the merit-cum-seniority quota, the Supreme Court today reiterated that the merit-cum-seniority quota is not a competitive process. The appellants cited the recent decision passed in the case of Ravikumar Dhansukhlal Mehta v. High Court of Gujarat …

2 months, 1 week ago

Allahabad High Court Orders Action Against Registry Officials For Applying Own 'Wisdom' In Court Proceedings

Live Law

The Allahabad High Court recently directed the drawing of proceedings against an Assistant Registrar and a Review Officer of the HC on the administrative side for applying their own 'wisdom' to convert one proceeding into another. A bench of Justice Kshitij Shailendra took exception to the act of the concerned administrative officers for converting a Second Appeal into a First …

2 months, 2 weeks ago

[GST] Decision-Making Procedure Adopted By Authority De Hors Provisions Of Act/Rules, Is Liable To Be Rendered As Flawed: Allahabad High Court

Live Law

While directing that the order under Section 73 of the Goods and Service Tax Act, 2017 uploaded in the “Additional Notices and Tabs” on the GST portal be treated as the show cause notice, the Allahabad High Court observed that “If in a decision making procedure adopted by the authority is de hors the provisions of the act or rules …

2 months, 2 weeks ago

Allahabad High Court 'Worrisome'; Filing & Listing Have Collapsed : Supreme Court

Live Law

While dealing with Uttar Pradesh MLA Abbas Ansari's plea assailing Allahabad High Court's failure to hear his property dispute despite a specific Supreme Court direction, Justice Surya Kant of the top Court today expressed concern about the High Court, saying it is one of the High Courts one should be "worried" about.While the allegation regarding Ansari's background affecting the High …

2 months, 3 weeks ago

ADJ Expected To Not Only Apply His Mind But Also Deal With Arguments Of Parties Before Returning Findings: Allahabad High Court

Live Law

While dealing with a case under Article 227 of the Constitution, the Allahabad High Court has observed a judge of the rank of Additional District and Sessions Judge is expected not only to apply his judicial mind but also deal with the arguments of the parties before returning any findings. Holding that revision is to be treated as an appeal …

2 months, 3 weeks ago

ADJ Expected To Not Only Apply His Mind But Also Deal With Arguments Of Parties Before Returning Findings: Allahabad High Court

Live Law

3 months ago

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials

Live Law

The Allahabad High Court, on Friday, quashed the criminal proceedings initiated by the borrower, Shipra Group, and the Enforcement Directorate against the Indiabulls Group and its officials as arbitral proceedings pursuant to the loan agreements are already underway, a fact which was suppressed by the informant. Observing that the informant had hidden the various proceedings instituted by him in different …

3 months ago

Allahabad high court holds UP special secretary in contempt, detains officer in court

Hindustan Times

Taking serious note of disobedience of a court order, the Allahabad high court held Rajnish Chandra, special secretary, department of social welfare, UP, guilty of contempt of court and had sentenced him to detention in the court till the rising of court. The Allahabad high court in Prayagraj Besides, the court in its order dated December 20 imposed a fine …

3 months, 1 week ago

Employer's Assessment Of Employee's Worth Is Final, Suitability Of An Individual For A Particular Post Cannot Be Scrutinized By Courts: J&K HC

Live Law

Emphasising that the assessment of an employee's worth and suitability must be left to the employer's bona fide decision the Jammu and Kashmir and Ladakh High Court has observed that the suitability of an individual for a particular post and administrative exigencies cannot be scrutinized by courts. courts cannot interfere with the orders of transfer and substitute their own decision …

3 months, 1 week ago

'Has 27 Yrs Of Service Left': Allahabad High Court Reprieve To 2018 Civil Judge Candidate Denied Post Due To Calculation Error

Live Law

The Allahabad High Court recently ordered the appointment of a woman as Civil Judge, after it found that she was denied the post in UPPSC Examination 2018, due to calculation error in her marks. Realising that she would have qualified for the post had she been awarded the two marks, the petitioner filed a writ petition against the same. Upon …

3 months, 2 weeks ago

[GST] Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court

Live Law

The Allahabad High Court has held that an assessee cannot file for the supply of requisite documents after the adjudicating body has accepted the plea placed by them and issued notice pursuant to it. Petitioner replied stating that the discrepancies pointed out were lesser than the amount calculated in the notice and filed the requisite documents. High Court Verdict The …

3 months, 2 weeks ago

Supreme Court To Hear Jharkhand IAS Officer's Plea Against HC Refusing To Hear Challenge To ECI Direction For Disciplinary Action

Live Law

The Supreme Court today issued notice on a plea involving the issue as to whether the Election Commission of India's direction to state government to take disciplinary action against a District Election Officer ought to be challenged before the jurisdictional High Court or the Central Administrative Tribunal.A bench of Justices Hrishikesh Roy and Pankaj Mithal called for the response of …

4 months ago

Allahabad High Court Asks Home Ministry To Decide On Rahul Gandhi's Citizenship By Dec 19

ABP News

The court in an order dated November 25, directed that the Centre to inform the high court about the outcome of the representation on December 19. Reportedly, the petitioner informed the high court that he has already moved two representations with the Competent Authority in the Union Home Ministry seeking cancellation of Rahul Gandhi's Indian citizenship. Following this the high …

4 months ago

Mere Appointment In Central Govt Services Doesn't Entitle Employment In State Services: Allahabad High Court

Live Law

The Allahabad High Court has held that merely because an employee in a part of the Central Government services will not entitle him to appointment in Provincial Services. The State Government cannot be saddled with the liability to mechanically and slavishly follow the decision taken by the Central Government or the Rajya Sabha Secretariat.” Factual Background In 2017, petitioner's sister-in-law …

4 months, 3 weeks ago

Delhi High Court Grants Retrospective Promotion to Army Officer Despite Not Completing 10 Years Group 'A' Service

Live Law

The Delhi High Court grants retrospective promotion to an Army officer due to circumstances beyond his control. The Petitioner, a Sub-Inspector in the Central Reserve Police Force, was denied promotion due to his 10-year service requirement. However, the court ruled that his case could be heard on the grounds that the reasons for his non-promotion were beyond his control. The …

5 months, 1 week ago

High Court Allows Review Petition, Recalls Direction to Respondents to Appoint Petitioner Due to Low Merit

Live Law

The Delhi High Court allows a Review Petition filed by the Respondents seeking review of its order directing the Respondent to recall the appointment of a candidate. The Court held that the Respondent was required to issue an appointment letter to the Petitioner as per his respective merit in the respective LDCE, even though the Petitioner was not informed of …

5 months, 1 week ago

High Court Imposes ₹10,000 Cost on District Judge for Using 'Pick and Choose Policy' to Deny Benefit to Clerk

Live Law

A District and Sessions judge in Punjab has been fined ₹10,000 for adopting a 'pick and choose policy' in denying the benefit of 2nd Assured Career Progression (ACP) to a clerk posted in his Court. The court found that the practice was unreasonable and that the judge was liable for violating the principles of natural justice and due process.

6 months, 2 weeks ago

Supreme Court Criticises P&H High Court & Punjab Govt For Not Reinstating Judicial Officer Whose Dismissal Was Set Aside By SC

Live Law

The Supreme Court recently expressed disapproval of the refusal of the Punjab & Haryana High Court and the State of Punjab to reinstate a judicial officer whose dismissal from service was set aside by the Supreme Court in 2022.In 2022, the Supreme Court had set aside the order passed by the Punjab Government in 2009. The Supreme Court recently expressed …

7 months, 3 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

10 months ago

Issues On Merits, Should Be Raised Before Arbitrator, Not In Section 11 Proceedings ; Delhi High Court

Live Law

The Delhi High Court bench of Justice Neena Bansal Krishna held that objection regarding the insufficiency of service is considered to be on merits and therefore should be raised before the Arbitrator. Brief Facts: The petitioner, Delhivery Limited, and the Respondent, Far Left Retail Private Limited, entered into a Service Agreement, which later resulted in a dispute. Consequently, the Petitioner …

10 months, 1 week ago

Though Legal Issue Can Be Raised For First Time In Appeal Proceedings, It Depends On Facts: Allahabad High Court

Live Law

The Allahabad High Court has held that though a legal issue going to the root of the matter can be raised for the very first time in appellate proceedings but the same is dependent on the facts of the case. However, the question is dependent upon the facts of a particular case.” The Court held that since admission is the …

10 months, 1 week ago

Special Appeal Not Maintainable Against Order Of Hearing Decided By Single Judge: Allahabad High Court

Live Law

The Allahabad High Court has held that a special appeal is not maintainable against the order of hearing established by a single judge in an interim order. “The Submission made pertaining to the preferential claim of the appellant, does not affect the order passed by the learned Single Judge indicating the sequence in which the matters are to be heard …

11 months ago

Court Under Section 19 Of MSMED Act, 2006 Empowered To Allow Predeposit In Installments: Allahabad High Court

Live Law

The Allahabad High Court division bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh held that expression “in the manner directed by such court” in Section 19 of the Micro, Small And Medium Enterprises Development Act, 2006 gives the discretion to the court to allow the predeposit to be made, if felt necessary, in installments also. Section 19 of …

11 months, 1 week ago

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict

Live Law

The Supreme Court has voiced its criticism in a matter where the Gujarat High Court reserved a judgment for ten months and ultimately released it because it was not pronounced within a reasonable time. "We hope earnestly that this does not reflect the trend in High Courts in other parts of the country as well", the Supreme Court observed in …

11 months, 3 weeks ago

Allahabad High Court Weekly Roundup: March 25 – March 31, 2024

Live Law

NOMINAL INDEX Dr. Vinod Kumar Bassi vs. And 2 Others 2024 LiveLaw 194 Case Citation: 2024 LiveLaw 194 The Allahabad High Court has observed that Section 195 CrPC doesn't bar registration of FIR in a case where alleged forgery has been committed in the document outside the Court and thereafter, the alleged forged document was filed in judicial proceedings in …

1 year, 1 month ago

Allahabad High Court Weekly Roundup: February 12 - February 18, 2024

Live Law

NOMINAL INDEX Smt Usha Verma And Another vs. State Of U.P. And 2 Others 2024 LiveLaw 96 Visible Alpha Solutions India Private Limited vs. Commissioner, CGST Appeals, Noida And Another 2024 LiveLaw 97 2024 LiveLaw 98 ORDERS/JUDGMENTS OF THE WEEK Writ Petition Has To Be Drafted Carefully, Reliefs Sought Must Be Supported By Pleadings: Allahabad High Court Rejects Claim For …

1 year, 5 months ago

SC Asks Allahabad HC Registrar to Furnish Information on Suits Related to Sri Krishna Janmabhoomi-Shahi Idgah Dispute

News 18

The Supreme Court Tuesday asked the Allahabad High Court registrar to be personally present before it on October 30 and place the requisite information and documents pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah dispute. A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia was hearing a plea filed by Committee of Management Trust Shahi Masjid Idgah challenging the May …

1 year, 6 months ago

Calcutta High Court shields Abhishek Banerjee from arrest in teacher job scam

India Today

In a big relief for Trinamool Congress MP Abhishek Banerjee, the Calcutta High Court shielded Banerjee from Enforcement Directorate action in the West Bengal teachers’ recruitment scam. The Calcutta High Court, in an order, told the ED that no strong action can be taken against Abhishek Banerjee. The single bench of Justice Tirthankar Ghosh issued an order stating that no …

1 year, 6 months ago

Supreme Court Issues Notice To P&H High Court On Plea Seeking Transparent Transfer Policy For Staff Of District Judiciary

Live Law

The Supreme Court recently issued notice to the Punjab and Haryana High Court in a petition filed by a Court staff challenging his transfer. He contended that in the absence of a transfer policy, Grade III and IV employees working in subordinate courts under the High Court faced arbitrary transfers which are often punitive in nature. For fair adjudication and …

1 year, 6 months ago

Allahabad High Court Weekly Round-Up: August 28 To September 3, 2023

Live Law

NOMINAL INDEX The Commissioner, Commercial Tax vs. M/S Tirupati Construction Co. 2023 LiveLaw 293 Dev Narain vs. State of U.P. Lokbhawan, Lucknow And 7 Others 2023 LiveLaw 305 ORDERS/JUDGMENTS Tribunal Tried To Blow Hot And Cold At The Same Time: Allahabad High Court Upholds Levy Of Entry Tax Case Title: The Commissioner, Commercial Tax vs. M/S Tirupati Construction Co. Case …

1 year, 7 months ago

Allahabad High Court Weekly Round-Up: July 31 - August 06

Live Law

NOMINAL INDEX M/S Bhawani Traders vs. State of U.P. And 2 Others 2023 LiveLaw 246 ORDERS/JUDGMENTS OF THE WEEK Goods In Transit Can’t Be Treated As Non-Traceable In Presence Of Tax Invoice, E-Way Bill And Bilty: Allahabad High Court Case Title: M/S Bhawani Traders vs. State of U.P. ‘Procedural review’ is an inherent power of every Court and Tribunal “to …

1 year, 9 months ago

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court

Live Law

The Supreme Court recently upheld an order of Allahabad High Court which dismissed an appeal filed by a person, who was not named in the FIR, under Section 14A of the Scheduled Castes and Scheduled Tribes Act, 1989 against a summoning order to face the trial passed by a Special Court in exercise of power its under Section 319 of …

1 year, 10 months ago

Calcutta high court declines to recall order on Abhishek Banerjee for now

Hindustan Times

KOLKATA: The Calcutta high court on Friday declined to recall or pause the single judge’s order that allowed the Central Bureau of Investigation and Enforcement Directorate to question TMC general secretary Abhishek Banerjee in the school recruitment case. Abhishek Banerjee moved two applications seeking recall of the April 13 order in which justice Abhijit Gangopadhyay suggested that ED and CBI …

1 year, 10 months ago

Allahabad High Court Weekly Round-Up: May 01 To May 07, 2023

Live Law

NOMINAL INDEX Juvenile 'X' Thru. And 3 Others along with connected bail pleas 2023 LiveLaw 143 Udit Arya vs. State of U.P 2023 LiveLaw 144 ORDERS/JUDGMENTS OF THE WEEK Lucknow PUBG-Murder Case| Allahabad High Court Grants Bail To Juvenile Accused Of Killing Mother Case title - Juvenile 'X' Thru. Sunni Central Waqf Board vs. Bhagwan Sri Krishna Virajman And 10 …

1 year, 11 months ago

Supreme Court orders immediate release of two Uttar Pradesh IAS officers from judicial custody

The Hindu

The Supreme Court on April 20 directed the forthwith release of two senior IAS officers with the Uttar Pradesh administration, Shahid Manzar Abbas Rizvi and Sarayu Prasad Mishra, from judicial custody in a contempt of court case. A Bench headed by Chief Justice of India D. Y. Chandrachud, on an urgent mentioning by the Uttar Pradesh government, immediately stayed the …

2 years, 2 months ago

Allahabad High Court Weekly Round-Up: January 9 To January 15, 2023

Live Law

NOMINAL INDEX Ravi Kumar vs. State Of U P And 2 Others 2023 LiveLaw 6 Melvin Saldanha And Anr. 'Serious Offence': Allahabad HC Denies Bail To Man Accused Of Raping Physically Challenged Woman On False Promise To Marry Case title - Pintu Kumar vs. State of U.P Case Citation: 2023 LiveLaw 8 The Allahabad High Court denied bail to a …

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1 hour, 14 minutes ago