Allahabad High Court
Written Plea For Permanent Alimony Is The Rule; Oral Prayer Permissible Where Parties Agree On Entitlement, Quantum: Allahabad High Court
The Allahabad High Court has held that a claim for permanent alimony under Section 25 of the Hindu Marriage Act, 1955 must ordinarily be made in writing, either by a separate application or by a demand carried in the written statement. It held that an oral prayer can be entertained only in the exceptional case where the Court is not required to decide either the entitlement to permanent...
Order VI Rule 17 CPC | Subject-Matter Jurisdiction Must Be Decided Before Application For Amendment Of Plaint: Allahabad High Court
The Allahabad High Court has held that where a defendant's application under Order VII Rule 10 and Rule 11 CPC raises the issue of subject-matter jurisdiction, it must be decided before the plaintiff's application to amend the plaint under Order VI Rule 17 CPC. It held that a court lacking subject-matter jurisdiction cannot order an amendment that would bring the suit within its jurisdiction,...
Courts Can't Expand Academic Eligibility For Assistant Professor Post By Declaring 'Allied' Subjects: Allahabad High Court
The Allahabad High Court has held that a candidate has no immutable right to insist that a subject once recognised as allied or relevant to an advertised discipline must continue to be treated as such in a later recruitment. It held that the identification of allied/relevant subjects is an academic and policy determination falling within the domain of the competent authority, which a writ...
Decree Affirmed Up To Supreme Court Can't Be Reopened For Alleged Collusion When State Contested At Every Stage: Allahabad High Court
The Allahabad High Court has held that the State cannot resist execution of a decree by pleading collusion between the decree holder and State authorities, where it contested the suit and every appeal from the Trial Court up to the Supreme Court.Justice Chandra Kumar Rai held,“The judgements from Trial Court to Apex Court further demonstrate that at every stage, State was given...
Allahabad High Court Quashes Rejection Of Police Constable Candidature Over Pending Criminal Case
The Allahabad High Court has held that instructions issued by the Director General of Police on 05.04.2025 will not override the Government Order dated 28.04.1958, which continues to hold the field on the grant of character certificates at the time of first appointment to government service. It held that the appointing authority cannot simply adopt the recommendation of the District...
Doctrine Of Necessity Can Be Invoked To Prevent Administrative Exercise From Becoming Futile: Allahabad High Court
The Allahabad High Court has held that the doctrine of necessity is not limited to situations involving bias and can be invoked wherever an administrative exigency in the discharge of a public duty threatens to leave a vacuum and render an entire exercise futile. Law permits certain things to be done as a matter of necessity, which it would otherwise not countenance on the touchstone of...
Development Authorities Can't Levy Impact Fee, Open Area Penalty Without Statutory Authority: Allahabad High Court
The Allahabad High Court has held that a Development Authority cannot levy impact fee or open area penalty. It held that Section 15(2-A) of the Uttar Pradesh Urban Planning and Development Act, 1973 permits it to charge only development fees, mutation charges, stacking fees and water fees.The two levies had been impugned only on the rate at which they were worked out, and not on the...
Bigamous Marriage By UP Govt Servant Can Attract Major Penalty For Contracting It Without Govt Permission: Allahabad High Court
The Allahabad High Court has held that a government servant who contracts a bigamous marriage without obtaining the Government's permission can be subjected to a major penalty, as the punishment for violation of Rule 29(1) and (2) of the U.P. Government Servants' Conduct Rules, 1956, is now within the discretion of the appointing authority.Justice Manish Kumar Nigam noted that sub-rule (3)...
Interim Committee Of Management Cannot Induct New Society Members Or Remove Existing Ones: Allahabad High Court
The Allahabad High Court has held that an Interim Committee of Management appointed under Section 29(4-B) of the U.P. Co-operative Societies Act, 1965 has no power to enrol new members or remove existing members of a co-operative society. A resolution by which it purports to do so is a nullity, and the Registrar cannot give it effect in exercise of his powers under Section 128 of the...
Hospital Charges ₹9K For Blood Meant To Be Free For Cancer-Stricken Infant: Allahabad High Court Upholds Ayushman Bharat Debarment
The Allahabad High Court recently upheld the removal of a private Hospital from the panel of hospitals empanelled under the Ayushman Bharat-Pradhan Mantri Jan Arogya Yojana (AB-PMJAY), after it allegedly charged ₹9,000 for two units of blood provided to a 2-month-old child suffering from blood cancer, instead of providing them free of cost under the government health scheme. A Bench of...
Allahabad High Court Dismisses PIL Against UP MLC Election Rolls, Says Article 329 Bars Challenge To Poll Notification
The Allahabad High Court on Wednesday dismissed a Public Interest Litigation (PIL) challenging the electoral rolls for elections to 5 Graduates' Constituencies and 6 Teachers' Constituencies of the Uttar Pradesh Legislative Council.The bench said that the exercise of amending the electoral rolls could not be faulted and that Article 329 of the Constitution of India bars a challenge to...