Allahabad High Court
Burden To Prove Insanity Of Spouse Is On Party Seeking Dissolution Of Marriage On Grounds Of Such Insanity: Allahabad High Court
The Allahabad High Court has held that in case dissolution of marriage is sought due to the insanity of a spouse, the spouse seeking dissolution of marriage must prove the existence of such insanity in the case of the other spouse.Marriage between the parties was solemnized in 2005 and they have lived separately since January 2012. Appellant-husband instituted a divorce petition under Section...
Allahabad HC Issues Contempt Notice To Judicial Magistrate, IO Over 'Violation' Of 'Arnesh Kumar' Guidelines On Arrest & Remand
The Allahabad High Court recently issued a contempt notice to a state Judicial Officer and a Police officer for allegedly violating the Supreme Court's guidelines issued in the 2014 Arnesh Kumar Judgment on arrests and remand. A Bench of Justice Rajeev Singh issued a contempt notice (to the Judicial officer and the IO) on the ground that the Police Officer concerned took two persons...
Proviso To Order 6 Rule 17 Of CPC Will Not Apply To Suits Instituted Prior To Amendment In 2002: Allahabad High Court
The Allahabad High Court has ruled that proviso to Order 6 Rule 17 of CPC which was inserted vide 2002 amendment will not apply to suits instituted prior to 2002.Order 6 Rule 17 of CPC empowers the Court to allow parties to alter or amend their pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining...
77-Yr-Old Makes Serious Allegations Against Lawyers, Judges: Allahabad HC Imposes Rs. 1 Lakh Cost But Refrains From Initiating Criminal Contempt
The Allahabad High Court has imposed a cost of Rs. 1 lakh on the review applicant who levelled serious allegations against the lawyers of the High Court and judges of Kanpur District Judgeship. The Court however restrained itself from initiating criminal contempt against the applicant as he is 77 years old.Justice Neeraj Tiwari observed that“Considering the serious health issues of...
Records Not Given On Time, Standing Counsels Unable To Provide Proper Assistance To Court: Allahabad High Court
Recently, the Allahabad High Court observed that since records of cases are not handed over to the standing counsels prior to the hearing of the case, they are unable to provide proper assistance to the court. The court observed that despite various orders of the court that records summoned should be provided to the standing counsels a day prior to the hearing, the same was not being...
Wife Declining To Cohabit With Husband By Forcing Him To Live In Separate Room Amounts To Cruelty: Allahabad High Court
The Lucknow Bench of the Allahabad High Court has held that wife denying cohabitation to the husband by forcing him to live in a separate room amounts to cruelty and therefore, is a ground for divorce under Section 13 of the Hindu Marriage Act.The bench comprising Justice Rajan Roy and Justice Subhash Vidyarthi held,“Cohabitation is an essential part of a matrimonial relationship and if...
Trial Courts Shouldn't Issue Copy Of Victims' Statement To Anyone Till Cognizance Is Taken On Chargesheet: Allahabad HC
The Allahabad High Court recently directed the trial courts not to issue certified copies of the victims' statement recorded u/s 164 CrPC (now section 183 BNSS) to any person until cognizance is taken on the chargesheet/police report. A bench of Justice Vivek Kumar Birla and Justice Arun Kumar Singh Deshwal observed this while noting that in many cases, the accused, while challenging...
Multiple Adjournments Sought To Explain Laches: Allahabad HC Adjourns Case Subject To Deposit Of 2K Cost By NHAI Project Director
Recently, the Allahabad High Court has imposed a cost Rs. 2000 on the Project Director of National Highways Authority of India, payable from his salary account, for seeking multiple adjournments for explaining the laches in filing the appeal under Section 37 of the Arbitration and Conciliation Act, 1996.NHAI filed the arbitration appeal with a delay of 11 days. On earlier dates, when the case...
S.24 HMA | Evidence For Maintenance Pendente Lite' Can Be Led At Application Stage, Does Not Have To Wait For Proceedings In Main Case: Allahabad HC
The Allahabad High Court has held that evidence for the purpose of deciding an application under Section 24 of the Hindu Marriage Act, 1955 can be led at the stage of deciding the application itself. The decision on the application need not wait for evidence to be led in the main case.Section 24 of the Hindu Marriage Act, 1955 provides that in proceedings under the Act if it appears to the...
Employee Cannot Be Denied Pension Due To Employer's Failure To Allot General Provident Fund Number: Allahabad High Court
In a case where an employee did not make any contribution to the General Provident Fund because he was not allotted a GPF number by the employer, the Allahabad High Court has held that the employee cannot be denied pension due to the fault of the employer.Justice Subhash Vidyarthi held: “Firstly, the deduction toward General Provident Fund is not a condition precedent for eligibility to...
Interference With Functioning Of Petrol Pump Sufficient Ground To Bypass Pre-Institution Mediation Under Commercial Court Act: Allahabad HC
Recently, the Allahabad High Court has held that pre-institution mediation as provided in Section 12A(1) of Commercial Court Act, 2015 can be bypassed when there is interference with the functioning of a petrol pump.Section 12A(1) of the of Commercial Courts Act, 2015 provides that where in a suit no urgent relief is contemplated, such suit may not be instituted unless remedy of...
Seniority Of Employees Must Not Be Compromised While Making Transfers: Allahabad High Court
The Allahabad High Court has observed that where transfer is permissible, the employees must be transferred at the same post which they were originally serving at. It has been held that the seniority of employees must not be compromised.Justice Ajit Kumar observed that “transfer though is permissible within the distribution company but in no circumstances, seniority of employees should...