Allahabad High Court Asks Deputy Police Commissioner To File Personal Affidavit For Exercise Of Extraordinary Power In Dismissing Head Constable
3 months, 2 weeks ago

Allahabad High Court Asks Deputy Police Commissioner To File Personal Affidavit For Exercise Of Extraordinary Power In Dismissing Head Constable

Live Law  

In an interim order, the Allahabad High Court has directed the Deputy Commissioner of Police, Gautam Buddh Nagar to file an affidavit giving reasons for exceeding his authority under Rule 8 of the U.P. The Deputy Commissioner of Police had by order dated 07.08.2024, ordered the dismissal of the petitioner, a Head Constable in the Police, from service. The Court held that the Deputy Commissioner had exercised power in excess of his authority as he had failed to record a reason for not holding an inquiry into the matter prior to the dismissal. “This Court does not encourage exercise of such drastic powers striking a departure from the rule for holding an inquiry against Government servants except for the valid and compelling reasons that are put in writing in the order itself, by the Disciplinary Authority which exercises the power,” held Justice J.J. Munir.

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History of this topic

Supreme Court Sets Aside Allahabad HC's Imposition Of Rs.1 Lakh Cost On Advocate Mehmood Pracha, Expunges Adverse Remarks Made Against Him
2 weeks ago

Supreme Court Sets Aside Allahabad HC's Imposition Of Rs.1 Lakh Cost On Advocate Mehmood Pracha, Expunges Adverse Remarks Made Against Him

Live Law  

The Supreme Court today set aside Allahabad High Court's imposition of Rs.1 lakh cost on Advocate Mehmood Pracha over a petition filed by him concerning videography during the electoral process. Personal remarks made against the counsel in the impugned High Court order were also expunged.A bench of Justices Surya Kant and Manmohan passed the order, upon Election Commission of India …

Rajasthan HC Directs Reinstatement Of Constable 24 Yrs After Dismissal, Rules Different Punishment To Co-Delinquents Violates Article 14
5 months, 2 weeks ago

Rajasthan HC Directs Reinstatement Of Constable 24 Yrs After Dismissal, Rules Different Punishment To Co-Delinquents Violates Article 14

Live Law  

Rajasthan High Court has directed reinstatement of a constable who was dismissed from service 24 years ago, ruling that imposing harsher punishment on a co-delinquent as compared to the other accused, when the charges against both the persons are same, violates right to equality under Article 14 of the Constitution. The counsel for the petitioner argued that the co-accused in …

Allahabad HC Pulls Up Dy. Commissioner Of Police For Directing Further Investigation In A Case Sans Magistrate's Nod, Seeks Explanation
6 months, 1 week ago

Allahabad HC Pulls Up Dy. Commissioner Of Police For Directing Further Investigation In A Case Sans Magistrate's Nod, Seeks Explanation

Live Law  

The Allahabad High Court last week pulled up the Deputy Commissioner of Police, Central NOIDA, Gautambudh Nagar, for directing a further investigation in a criminal case, in which a chargesheet had already been filed and cognizance taken, without obtaining the leave of the concerned Magistrate. Challenging the order of the Deputy Commissioner of Police as well as the further investigation …

Allahabad High Court Directs Judicial Officer To Explain Passing Of Two Contradictory Orders On Same Day In Same Case
6 months, 3 weeks ago

Allahabad High Court Directs Judicial Officer To Explain Passing Of Two Contradictory Orders On Same Day In Same Case

Live Law  

The Allahabad High Court has directed the then Additional Chief Judicial Magistrate of Ghaziabad to file his personal affidavit for passing two contradictory orders on the same day in the same case. 8th exception to the persons who can be accused of defamation provides that “it is not defamation to prefer in good faith an accusation against any person to …

Allahabad HC Suspends Oath Commissioner For Improperly Executing Affidavits, Directs Not To Re-Appoint Such Persons Without Leave From Court
9 months ago

Allahabad HC Suspends Oath Commissioner For Improperly Executing Affidavits, Directs Not To Re-Appoint Such Persons Without Leave From Court

Live Law  

The Allahabad High Court has issued a show cause notice to an Oath Commissioner to show cause as to why he must not be removed from his post for executing affidavits without there being signature of Deponent and proper identification by Advocate. Inaction on the part of Competent Authority is resulting in encouragement to Oath Commissioners in executing affidavits without …

Allahabad High Court Imposes 10K Cost On Income Tax Authority For Violation Of Principles Of Natural Justice
1 year, 4 months ago

Allahabad High Court Imposes 10K Cost On Income Tax Authority For Violation Of Principles Of Natural Justice

Live Law  

The Allahabad High Court on Wednesday imposed a cost of Rs. 10,000 to be paid by an erring officer of the Income Tax Department for violating the principles of natural justice while cancelling the earlier Assessment Order and initiating fresh proceedings under Section 263 of the Income Tax Act, 1961. Counsel for Petitioner contended that the impugned order was passed …

Externment Order Not Valid If Competent Authority Fails To Consider Objective Material Or Record Subjective Satisfaction: Karnataka High Court
1 year, 6 months ago

Externment Order Not Valid If Competent Authority Fails To Consider Objective Material Or Record Subjective Satisfaction: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that consideration of objective material and subjective satisfaction of the competent authority is necessary before passing an order of externment. A single judge bench of Justice T G Shivashankare Gowda partly allowed the petition filed by one Mali Rizwan and quashed the order of Sub-divisional Magistrate, externing him from the limits of …

Calcutta High Court Seeks Personal Appearance Of School Headmistress For Non-Compliance Of Court's Directions Regarding Issuance Of No-Objection Certificate
2 years, 10 months ago

Calcutta High Court Seeks Personal Appearance Of School Headmistress For Non-Compliance Of Court's Directions Regarding Issuance Of No-Objection Certificate

Live Law  

The Calcutta High Court on Tuesday sought the personal appearance of a school headmaster for not complying with an earlier order of the Court wherein the concerned school had been instructed to file an affidavit enumerating as to why a no-objection certificate could not be granted to the petitioner.Justice Abhijit Gangopadhyay noted that the earlier order of the Court dated …

"Didn't Impersonate Himself As Lawyer": Allahabad HC Stays Arrest Of Law Intern Who Stood In For His Senior Before Tribunal
3 years, 1 month ago

"Didn't Impersonate Himself As Lawyer": Allahabad HC Stays Arrest Of Law Intern Who Stood In For His Senior Before Tribunal

Live Law  

The Allahabad High Court last week stayed the arrest of a law intern who stood in before a tribunal for his senior, under whom he was interning and sought adjournment in a case, and thereafter, charged for the offence of cheating by personation.The Bench of Justice Devendra Kumar Upadhyaya and Justice Saroj Yadav prima facie noted that the petitioner over-zealously …

Delhi HC Refuses To Quash Registrar General's Order Mandating Submission Of Court Fee and Affidavit While Filing Petitions [Read Order]
4 years, 2 months ago

Delhi HC Refuses To Quash Registrar General's Order Mandating Submission Of Court Fee and Affidavit While Filing Petitions [Read Order]

Live Law  

Delhi High Court has refused to set aside the order dated 28/08/20 passed by the court's Registrar General whereby submission of court fee and duly attested affidavit has been made mandatory while filing petitions. The order has come in a plea moved by a senior citizen, who's residing in Jalandhar, seeking court's direction to quash the order dated 28/08/20 passed …

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