Allahabad High Court
Absence Of "Ideal Family Relations" Doesn't Prove Allegations Of Cruelty, Courts Must Adjudicate On Facts: Allahabad High Court
The Allahabad High Court has held that Courts can uphold the allegations of cruelty only based on proven facts and evidence. It is not for the Court to imagine ideal family or relations to determine infliction of cruelty, held the Court.The bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh held,“We may stay reminded of the principle that while administering family...
No Transfer Of Immovable Property Via Affidavit: Allahabad HC Imposes ₹10 Lakh Cost On Catholic Diocese, State For Deprivation Of Land For 32 Yrs
Recently, the Allahabad High Court imposed a cost of Rs. 10 lakhs on the Catholic Diocese of Gorakhpur and the UP government, for illegally depriving a man of his property for more than 32 years. The Court held that the transfer of immovable property cannot be done by way of an application or an affidavit under the Urban Land (Ceiling and Regulation) Act, 1976 otherwise it will create...
Allahabad HC Judge Recuses From Hearing Case Where Contempt Action Was Recommended Against Sr. Advocate
On Monday, Justice Sangeeta Chandra of the Allahabad High Court recused herself from hearing a case in which an order was passed last week by a division bench led by her, referring the matter to the Chief Justice for drawing criminal contempt proceedings against a Senior Advocate. It may be noted that the division bench (also comprising Justice Brij Raj Singh) had made the...
Allahabad High Court Adjourns Hearing On PIL For CBI Probe Into LoP Rahul Gandhi's Citizenship Till October 24
On Monday, the Allahabad High Court adjourned the hearing of a Public Interest Litigation (PIL) plea seeking a CBI probe into Congress leader and LoP in LokSabha Rahul Gandhi's alleged British Citizenship. The matter was posted for October 24 after the Deputy Solicitor General of India, Surya Bhan Pandey, sought time to receive written instructions from the Union Home Ministry...
“Why An AIIMS Like Institute Would Not Be Necessary To Be Established In Prayagraj”: Allahabad High Court Seeks State's Response
Recently, the Allahabad High Court has sought response from the State Government of Uttar Pradesh on why establishment of All India Institute of Medical Sciences is not necessary in Prayagraj. In a public interest litigation seeking establishment of AIIMS in Prayagraj, the bench of Justice Manoj Kumar Gupta and Justice Manish Kumar Nigam had earlier sought response from the...
Can't Keep Accused In Jail Indefinitely; Witnesses Not Being Produced In Trial Courts In Heinous Cases: Allahabad HC Seeks UP DGP Affidavit
The Allahabad High Court recently expressed concerns over the prosecution's non-production of witnesses before the trial court, even in cases of heinous crime, leading to indefinite detention without trials. The Court emphasised that a person cannot be detained for an indefinite period if the prosecution is not making sincere efforts to produce the prosecution witnesses before...
Allahabad HC Recommends Criminal Contempt Proceedings Against Senior Advocate For Casting Aspersions On Court
On Friday, the Allahabad High Court referred a matter to the Chief Justice for drawing criminal contempt proceedings against a Senior Advocate. A bench of Justice Sangeeta Chandra and Justice Brij Raj Singh made the reference after it found that the Senior Counsel had "scandalised" the court and "lowered its dignity" by casting aspersions on the conduct of court proceedings and...
Employee With Requisite Educational Qualification Eligible For Promotion Regardless Of Criteria Being Fulfilled Prior To Or During Service: Allahabad HC
The Allahabad High Court has held that a candidate that has the required educational qualification deserves to be promoted upon satisfying all other criteria. It was held that it is immaterial whether such criteria were fulfilled prior to the service or during it.“….. a candidate if is already having qualification to his credit prior to entering into the service and, he is equally entitled...
Matrimonial Dispute Remains Between Couple, No Impleadment Can Be Allowed In Divorce Proceedings U/S 13B Hindu Marriage Act: Allahabad HC
The Allahabad High Court has held that the divorce proceedings (matrimonial disputes) are only between the parties to the marriage, no third person can seek impleadment in proceedings under Section 13B of the Hindu Marriage Act.The bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh held,“Piquant as it may be, the impleadment sought may never be justified. A...
Second Appellate Court Cannot Interfere With Factual Finding Of Lower Courts: Allahabad High Court Reiterates
Recently, the Allahabad High Court has reiterated that reappreciation of evidence by a Second Appellate Court is impermissible.Justice Kshitij Shailendra held that“…even when two views are possible, out of which one view has been taken by the courts after appreciating evidence on record, second Appellate Court would not substitute that view by its own view. Re-appreciation of evidence...
Have Transferred Amroha DM For Approving Gang-Charts Sans Recording Satisfaction: UP Govt Informs Allahabad HC
On Tuesday, the Uttar Pradesh Government informed the Allahabad High Court that it has transferred the District Magistrate of Amroha, Mr Rajesh Kumar Tyagi, from the district and attached him to the secretariat, and has not been given any field posting. This decision came after HC flagged that the DM concerned had approved gang charts against the accused in several cases without signing...
CMO, Doctors Often Not Aware Of Procedure In Medical Termination Of Pregnancy Cases: Allahabad HC Directs UP Health Secretary To Issue SOP
Observing that often the Chief Medical Officers and doctors in the State of Uttar Pradesh are not aware of the procedure to be followed in cases of medical termination of pregnancy while examining the female, the Allahabad High Court has directed the Principal Secretary, Medical Health and Family Welfare, Uttar Pradesh to issue Standard Operating Procedure for the same which is to be followed...