#Allahabad High Court judgment

Allahabad High Court rules that government servants, including MBBS doctors with over five years of service, are entitled to three years of extraordinary leave for postgraduate studies under Clause 3 of the Government Order dated 10.02.2022, even if they do not claim service weightage. The ruling mandates leave approval regardless of weightage claims, reinforcing service jurisprudence for medical officers.

Allahabad High Court sets aside an appeal against acquittal under Section 364 IPC, ruling that family disputes require closer examination of witness credibility and adverse inferences for non-examination of key witnesses. The judgment reinforces that appellate courts must apply stricter evidentiary standards in cases involving familial relationships to prevent miscarriage of justice.

Allahabad High Court quashes FIR under Sections 363, 366 IPC, holding no offence where victim, a major, willingly married the accused and had children.

Allahabad High Court directs state to protect inter-caste married couple from harassment, reaffirming right to life and liberty under Article 21 of the Constitution.

The Allahabad High Court set aside a murder conviction after finding that the trial court violated Section 313 CrPC by not confronting the accused with the viscera report-a material piece of evidence. The ruling underscores that procedural compliance under Section 313 is non-negotiable, and its breach irreparably vitiates the trial, regardless of the offence's gravity.

The Allahabad High Court has ruled that a genuine compromise in a Section 138 NI Act case, even though non-compoundable, warrants quashing of criminal proceedings under Section 482 CrPC, aligning with Supreme Court precedents that permit settlement in serious offences where public interest is not compromised. This empowers parties to resolve financial disputes without prolonged litigation, reinforcing judicial efficiency and restorative justice in commercial crime cases.

The Allahabad High Court has ruled that the state is obligated to bear all medical costs and ensure timely evaluation by a statutory medical board for a 22-week pregnant minor rape victim seeking termination under the MTP Act. This sets a critical precedent for enforcing reproductive rights and state accountability in cases of sexual violence against minors, beyond mere judicial permission.

The Allahabad High Court has ruled that service rendered as a daily wager must be included in gratuity calculations once the employee is regularized, aligning with the Supreme Court’s holding in Netram Sahu. This decision protects thousands of informal workers whose long-term service was previously disregarded, reinforcing that regularization erases the distinction between temporary and permanent tenure for statutory benefits.

Allahabad High Court quashes summoning under Section 302 IPC, ruling that material improvements, unexplained gaps, and inconsistent testimony in a protest petition treated as a complaint fail to meet the threshold for judicial scrutiny. The judgment reinforces that magistrates must rigorously assess evidentiary reliability before converting final reports into complaint cases, impacting criminal procedure fairness.

Allahabad High Court rules that delayed constitution of the GST Appellate Tribunal justifies extending the appeal period under Section 112(8) of the CGST Act until June 30, 2026. The court treats prior deposits as compliance, ensuring appellants are not prejudiced by administrative delays.

Allahabad High Court rules that ex parte maintenance orders under Section 125 CrPC can be set aside if the husband complies with arrears payment and agrees to fresh adjudication. The Court underscored procedural fairness, remanding the case for reconsideration while allowing installment payments to mitigate hardship.

Allahabad High Court holds that returning the defrauded amount does not erase criminal liability under Sections 406 (criminal breach of trust) and 420 (cheating) IPC. The ruling underscores that fraud offences are non-compoundable, reinforcing strict accountability for accused even post-restitution.