Allahabad High Court
Allahabad High Court Seeks UP Govt's Reply Over Demolition Of A House 'Without Following Procedure Of Law'
Last week, the Allahabad High Court sought the State Government's response over the demolition of a house in the State's Azamgarh district 'without following the procedure of law'. A bench of Justice Prakash Padia directed the standing counsel appearing to file an affidavit of 'some senior officer' of the Revenue Department explaining under what circumstances, without following...
Dispute Relating To Members And Management Of Public Trusts Not Arbitrable, Must File Suit U/S 92 CPC : Allahabad High Court
The Allahabad High Court has held that disputes relating to public trusts which are enlisted under Section 92 of the Civil Procedure Code are not arbitrable under the Arbitration and Conciliation Act, 1996.The bench comprising of Chief Justice Arun Bhansali and Justice Vikas Budhwar further held that Section 89 of CPC which provides for settlement of disputes outside Court does not...
No Error In Calling For Expert Opinion On Wife's Mental Health At Stage Of Evidence: Allahabad High Court Upholds Trial Court Order
Recently, the Allahabad High Court upheld the order of the Trial Court calling for expert opinion on the wife's mental health at the stage of evidence in divorce proceedings.Appellant-wife approached the High Court challenging the order of the Principal Judge, Family Court, Hathras allowing respondent-husband's application for her medical examination in divorce proceedings instituted by...
Allahabad High Court Directs Inquiry Into Arya Samaj Mandir And Other Institutions Granting Marriage Certificates
The Allahabad High Court has directed an inquiry into the Arya Samaj Mandirs, societies, trusts, and institutions providing marriage certificates primarily in Gautam Budh Nagar and Ghaziabad as well as in other parts of Uttar Pradesh.Dealing with protection cases filed by young couples, Justice Vinod Diwaker observed that “In essence, such marriages lead to human trafficking,...
Milad-Un-Nabi Juloos | State Authority Bound To Ensure Tranquillity When Peaceful Processions Are Carried Out: Allahabad HC
The Allahabad High Court has observed that it is the job of the State Authority to ensure peace and tranquillity when peaceful processions are carried out. A bench of Justice Shekhar B. Saraf and Justice Manjive Shukla observed thus while directing the Sub Divisional Magistrate, Najibabad (District Bijnor), to pass a reasoned order by September 15 on an application seeking permission...
Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court
The Allahabad High Court has held that under Section 10 of the Hindu Marriage Act, 1955 if no cohabitation occurs between the parties in the year after the decree of restitution of conjugal rights or decree of judicial separation, the decree of separation would be upheld.Parties married on 08.12.2001. Respondent-husband alleged that the appellant-wife deserted him in 2002. Since the appellant...
Prima Facie Misuse Of Power By Assistant District Govt Counsel Under SC/ST Act: Allahabad High Court Directs State To Inquire
The Allahabad High Court has directed the Uttar Pradesh government to look into a case where the post of Assistant District Government Counsel (Criminal) is being misused by the official in lodging FIRs under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and seeking compensation under the Act.Petitioner No. 1 is presently posted as District Social...
Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC
The Allahabad High Court has held that long separation coupled with criminal prosecution and harsh words without any desire to retrieve the matrimonial relationship shows an irretrievable breakdown of marriage.While dealing with a matrimonial case of 21 years of separation, the bench comprising of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held “Desertion suffered over long years...
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...