Allahabad High Court
Acquisition Proceedings Initiated Under UP Awas Vikas Adhiniyam 1965, Cannot Be Held To Have Lapsed Under Land Acquisition Act, 2013: High Court
The Allahabad High Court has held that acquisition proceedings initiated under U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 cannot be held to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.The bench comprising of Justice Manoj Kumar Gupta and Justice Manish Kumar Nigam held “While Section...
No Limitation U/S 7 Of Family Courts Act, 1984, For Filing Suit For Declaration Of Divorce: Allahabad High Court
The Allahabad High Court has held that there is no limitation under Section 7 of the Family Courts Act, 1984 for filing suit for declaration of divorce.Section 7 of the Family Courts Act, 1984 provides the jurisdiction of the Family Courts. Explanation (b) provides that a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person can...
High Court Is Appellate Authority U/S 19 Family Courts Act, Doesn't Have Wide Powers To Dissolve Marriage Under Article 142: Allahabad HC
While dismissing a divorce appeal, the Allahabad High Court has held that it does not possess power similar to that of the Supreme Court under Article 142 for dissolving marriages as it is only a court of appeal in terms of Section 19 of the Family Court Act, 1984.Article 142 of the Constitution of India empowers the Supreme Court to pass any decree/order which it may deem necessary “for...
Allahabad High Court Seeks Response From Centre & HC On PIL To Rename It As 'High Court Of Uttar Pradesh'
On Wednesday, the Allahabad High Court sought responses from the Central Government and the High Court on a PIL (Public Interest Litigation) plea filed before it to rename HC as the "High Court of Uttar Pradesh" in the official documents. “Keeping the question of maintainability of petition and the objection for the reliefs claims in view of a decision of Coordinate Bench in PIL...
No Need To File Two Second Appeals When Order Challenged In Cross Appeal Before First Appellate Authority Arises From Single Suit: Allahabad HC
The Allahabad High Court has held that when different appeals are filed from a decree passed in a single suit, the decree of the suit determines the rights of the parties. It has been held that there is no necessity to file two separate second appeals in such cases only because there were two appeals against the decree.Justice Kshitij Shailendra held that“if a single suit gives rise...
Maintain Courtroom Decorum: Allahabad HC Imposes ₹1 Lakh Cost On An Advocate For 'Wasting' Court's Time
The Allahabad High Court on Tuesday imposed a fine of ₹1 lakh on Advocate Mehmood Pracha for wasting the Court's precious time by filing a writ petition concerning the authentication, integrity, security, and verifiability of videography in the electoral process. The Court also took exception to his conduct of appearing in the (through Video Conferencing) wearing his coat and band...
Allahabad High Court Directs No Coercive Action To Be Taken Against Brother Of Man 'Lynched' Over Suspicion Of Dacoity
The Allahabad High Court on Monday directed that no coercive steps be taken against a man (Mohd. Zaki) whose brother (Mohammad Fareed) was allegedly lynched by a mob in Aligarh last month on suspicion of committing dacoity. Mohammed Farid, alias Aurangzeb, was allegedly assaulted with iron rods over suspicion of committing theft at the house of a cloth trader. Eleven days after...
PIL In Allahabad High Court Seeks CBI Probe Into LoP Rahul Gandhi's Citizenship
A Public Interest Litigation (PIL) plea has been moved before the Allahabad High Court to direct the Central Bureau of Investigation to register a Regular Case (RC) under the provisions of the Bharatiya Nyaya Sanhita against Congress leader and LoP in LokSabha Rahul Gandhi and conduct a detailed probe into his alleged British Citizenship. The PIL Plea also seeks to set aside...
Allahabad High Court Dismisses PIL For Inclusion Of Taekwondo, Judo Karate As Regular Courses For Girls In Class 1 To 8
Recently, the Allahabad High Court dismissed a public interest litigation seeking inclusion of Taekwondo, Judo Karate Course as regular course for girls in class 1 to 8.Petitioner approached the High Court claiming that introduction of the aforesaid as regular courses would help the girls in becoming independent, self-confident and help them in facing all difficulties they may encounter in...
Great Grandchild Not A 'Dependent' Of Freedom Fighters: Allahabad High Court
The Allahabad High Court has held that a great grandchild is not a 'dependent of freedom fighters' under Section 2 (b) of U.P. Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993.The Court relied on Krishna Nand Rai Vs. State of U.P. and 2 others where the Allahabad High Court held that a great grandson is not included within...
LS Polls 2024 | JKP Leader Moves Allahabad HC Challenging Rejection Of His Nomination Form To Contest Against PM Modi In Varanasi
A Janhit Kisan Party (JKP) leader who intended to contest the Lok Sabha elections 2024 from Varanasi against Prime Minister Narendra Modi has moved the Allahabad High Court to challenge the returning officer's rejection of his nomination form. JKP Leader Vijay Nandan, who hails from Madhya Pradesh's Seoni District, has moved the High Court claiming that the District Election...
Choosing To Waive Inspection For All Tender-Applicants Not Malafide Or Arbitrary, Not Subject To Writ Jurisdiction: Allahabad High Court
The Allahabad High Court has recently held that the 'Sal' Purchase Committee choosing to waive inspection for all applicants during the tender process cannot be said to be mala fide or arbitrary. It was held that such waiver was not amenable to challenge under the writ jurisdiction.Clause 6(g) of the tender document provides that “The technical bids will be evaluated on the basis of scrutiny...