Allahabad High Court Orders Production Of 2 Women Allegedly Confined By Father After They Renounced Hinduism To Embrace Islam

The Allahabad High Court on Thursday directed the production of 2 adult women before it in a habeas corpus petition alleging that they had been illegally confined by their father after they voluntarily renounced Hinduism to embrace Islam and decided to marry persons of their choice.A bench of Justice Sandeep Jain observed that if the allegations in the petition are ultimately found to be...

Subsequent Suit Arising From Same Document Should Ordinarily Be Heard By Court Hearing Earlier Suit: Allahabad High Court

The Allahabad High Court has held that where two suits between the same parties arise out of the same document and are pending before different courts of competent jurisdiction, the court in which the earlier proceeding is pending is ordinarily the more appropriate forum. It held that the subsequently instituted suit may be transferred to it under Section 24 of the Code of Civil Procedure,...

Retired Govt Servant Can't Get Gratuity During Pendency Of Criminal Proceedings, Seriousness Of Offence Irrelevant: Allahabad High Court

The Allahabad High Court has held that gratuity and final retiral dues cannot be released to a retired government servant during the pendency of criminal proceedings against him, and that the seriousness of the offence he is facing is irrelevant to the question.Regulation 351-AA of the Civil Services Regulations, as applicable in Uttar Pradesh, provides that where departmental or...

Tax Dispute Not Arbitrable Where Statutory Determination Required : Allahabad High Court

The Allahabad High Court at Lucknow has recently held that a tax-related dispute between contracting parties may be referred to arbitration so long as it can be resolved through interpretation of the contract.It held that the dispute stops being arbitrable the moment its resolution turns on a determination reserved to the taxing authorities.The bench of Chief Justice Arun Bhansali and...

Once Posts Merge Into One Cadre, State Can't Prescribe Different Pay Scales Based On Pre-Merger Status: Allahabad High Court

The Allahabad High Court has held that once the State Government merges two posts into a single cadre with retrospective effect, it cannot thereafter prescribe two different pay scales for members of that unified cadre on the basis of the post each of them held before the merger. It held that such a classification answers to no difference in qualifications, duties or responsibilities and...

'Black Day' In Allahabad High Court History: Judge Recuses From Hearing Bail Matters After Parties Attempt To Approach Him

Justice Krishan Pahal of the Allahabad High Court on Thursday described alleged efforts by litigating parties to secure access to and approach him in pending bail matters as a "black day in the history of this Court", holding that such conduct strikes at the very heart of judicial independence.Justice Pahal consequently recused himself from hearing over 75 connected bail applications and...

No Limitation Period For Filing Writ Petition U/Article 226, But Inordinate Delay Can Be Fatal: Allahabad High Court

The Allahabad High Court on Tuesday reiterated that although no limitation period is prescribed for filing a writ petition under Article 226 of the Constitution, an inordinate delay in approaching the Court can be fatal. Observing that the extraordinary writ jurisdiction must be invoked within a reasonable time, the Court dismissed a petition challenging a 2023 order passed by...

S.125 CrPC | Woman Can't Claim Maintenance As Live-In Partner Without Pleading Or Proving Such Relationship: Allahabad High Court

The Allahabad High Court has held that a woman seeking maintenance under Section 125 Cr.P.C. cannot invoke the protection extended to live-in partners where she has neither pleaded such a relationship nor established that a marriage took place. It held that this is all the more so where the man has categorically denied having any relationship with her.Justice Lakshmi Kant Shukla...

'Taxing Justice At Ad-Valorem Rates Is Harsh': Allahabad High Court Urges UP Govt To Ease Burden Of Civil Litigation

Observing that taxing justice at "ad valorem rates is, indeed, harsh", the Allahabad High Court on Tuesday urged the Uttar Pradesh Government to consider measures to reduce the hardship faced by litigants pursuing civil remedies.At the same time, the Court made it clear that disputes over title and possession cannot be decided by administrative authorities and must be taken before the...

National Highways Act | Competent Authority Can't Decide Disputed Compensation Shares, Must Refer Matter To Civil Court: Allahabad High Court

The Allahabad High Court has held that where co-sharers are seriously at odds over their shares in land acquired under the National Highways Act, 1956, the competent authority has no jurisdiction to apportion the compensation between them and must refer the dispute to the principal civil court of original jurisdiction.Section 3H(3) of the National Highways Act, 1956 lets the competent...

Refusing To Defer Physical Test For Pregnant Candidate Forces Her To Choose Between Motherhood & Employment, Not Justified: Allahabad High Court

The Allahabad High Court has held that refusing to postpone the physical efficiency test of a woman candidate in an advanced stage of pregnancy compels her to choose between bearing a child and employment, and interferes with her right of reproduction as well as her right to employment. It held that where the recruitment rules are silent on postponement and lay down no bar against it,...

S. 8 UP Anti-Conversion Law | Representation To DM Can't Substitute Pre-Conversion Declaration In Schedule-I Format: Allahabad High Court

The Allahabad High Court has clarified that a person intending to convert his or her religion under the UP Anti-Conversion Law is mandatorily required to submit a pre-conversion declaration in the prescribed Schedule-I format under Section 8, and a mere representation to the District Magistrate (DM) cannot be substitute to it.A Bench of Justice Ajit Kumar and Justice Garima Prashad thus...