Civil Court Has Jurisdiction To Entertain Plea For Perpetual Injunction By Tenant In Cases Of Eviction: Allahabad High Court

The Allahabad High Court has held that Civil Courts have the jurisdiction to hear suits for perpetual injunction filed by a tenant against their landlord when it comes to matters of eviction. The Court held that the same would not be barred by the U.P. Regulation of Urban Premises Tenancy Act, 2021.By an order passed on 15.11.2022, the Civil Judge, Rae Bareli dismissed the suit filed by...

Allahabad High Court Directs SRN Hospital Authorities To File Affidavit Regarding Construction Of Separate Duty Rooms For Female Doctors

Recently, the Allahabad High Court has directed the Superintendent-in-Chief, Swaroop Rani Nehru Hospital, Prayagraj to file an affidavit regarding a plan for the construction of separate duty rooms for female doctors in departments where they are not available.Hearing a suo-moto public interest litigation, the division bench of Justice Manoj Kumar Gupta and Justice Manish Kumar Nigam...

LS Polls 2024: Allahabad HC Questions JKP Leader Who Intended To Contest Against PM Modi On 19-Day Delay In Filing Election Plea

The Allahabad High Court on Friday questioned a Janhit Kisan Party (JKP) leader, who intended to contest the Lok Sabha elections 2024 from Varanasi against Prime Minister Narendra Modi, over a 19-day delay in filing an election plea challenging the returning officer's rejection of his nomination form. A bench of Justice Saumitra Dayal Singh granted the election petitioner (Vijay...

[Divorce Law] Parties Staying Separately For Their Jobs Does Not Prove Desertion: Allahabad High Court

Recently, the Allahabad High Court has held that parties staying separately for jobs does not prove desertion.The parties got married in 1999 and had a child in 2000. The husband was posted in Jhansi, whereas the wife was posted in Auraiya. Since the parties were living separately, the appellant-husband filed a suit for restitution of conjugal rights which was decreed ex-parte in 2004. Later...

Allahabad HC Grants Bail To Man Accused Of Making Casteist Remarks Against Ex-President Ram Nath Kovind On FB

The Allahabad High Court on Wednesday granted bail to one Sandeep Tiwari, who has been accused of making certain abusive posts on Facebook against former president of India Ram Nath Kovind. In its order, a bench of Justice Mohd. Faiz Alam Khan emphasised the importance of restraint and respect when discussing individuals holding high constitutional positions, particularly on...

Trial Court Judges Often Convict Accused Despite Clear Grounds For Acquittal To Avoid Action By HC: Allahabad High Court

The Allahabad High Court recently observed that in many cases where the accused deserves clear acquittal, presiding officers in trial court pass a judgment of conviction just because they want to avoid the issuance of notice and action by the High Court. A bench of Justice Siddharth and Justice Syed Qamar Hasan Rizvi made this observation while dealing with certain criminal appeals...

Allahabad High Court Acquits Murder Convict Who Spent Over 7.5 Yrs In Jail, Grants ₹1 Lakh To Him As Compensation

The Allahabad High Court last week acquitted one Hafeez Khan, who had been convicted by the Sessions Court in March 2019 in a murder case of a woman, as it noted that there was absolutely no evidence against him. The Court also granted him Rs. 1 Lakh as a 'token of compensation' for the 'injustice' done to him since he had to spend more than 7.5 years in jail. “Now that this...

IO Can't Be Forced To Get Statement Of A Particular Witness Recorded U/S 183 BNSS: Allahabad High Court

The Allahabad High Court has observed that it is the investigating agency's prerogative to sponsor the witness whose statement they want to record under Section 183 Bharatiya Nagarik Suraksha Sanhita 2023 [Recording of confessions and statements] and that an IO could not be forced to get the statement of any witness recorded under the said provision. Section 183 of BNSS is almost in...

[Voidable Marriage] 'Material Fact' U/S 12 HMA Includes Any Fact Which If Disclosed Results In Either Parties Not Consenting To Marriage: High Court

The Lucknow bench of the Allahabad High Court has said that a “material fact” for declaring a marriage voidable under Section 12 of the Hindu Marriage Act would include any fact, which would be relevant to the consent given for a marriage and which if disclosed, would result in either of the parties not consenting to the marriage. It further said that such a material fact must pertain to...

Receipt Of Arbitral Award By Party A Sine Qua Non For Limitation U/S 34(3) To Begin, General Clauses Act Does Not Apply: Allahabad High Court

The Allahabad High Court has held that receipt of the award by the party is a sine qua non for limitation under Section 34(3) of the Arbitration and Conciliation Act, 1996 to begin and definition of “service by post” under Section 27 of the General Clauses does not apply.The Court observed that Section 27 of the General Clauses Act which defined service by post in a Central Legislation if...

Second Provisional Attachment Notice Lacking Fresh Reasons Is Arbitrary: Allahabad High Court

The Allahabad High Court stated that issuing a second provisional attachment notice without providing new or fresh reasons is considered arbitrary. The Division Bench of Justices Shekhar B. Saraf and Manjive Shukla observed that “the department cannot be allowed simpliciter to issue a second notice, and thereafter, third and fourth and continue with the provisional attachment for...

Family Court Cannot Grant Divorce Based On Earlier Consent When It Is Later Withdrawn During Divorce Proceedings: Allahabad High Court

The Allahabad High Court has held that the Family Court cannot grant divorce based only on earlier consent given at the time of filing the divorce petition if the consent was withdrawn at a later stage in the divorce proceedings.Parties were married in 2006. After the appellant disserted her husband, he instituted the divorce proceedings on grounds of infertility attributable to...