Allahabad High Court Weekly Round-Up: July 1 – July 7, 2024

NOMINAL INDEX Maharaj Kumari Vishnupriya v. State of U.P. and 2 Ors. 2024 LiveLaw (AB) 414 Kailash vs state of UP 2024 LiveLaw (AB) 415 S. Vignesh Shishir vs. Rahul Gandhi, Member Of Lok Sabha And Others 2024 LiveLaw (AB) 416 Ibne Haidar And 8 Others vs. State Of U.P. And 7 Others 2024 LiveLaw (AB) 417 State Of U.P. And Others vs. M/S Harish Chandra India Limited 2024...

In A First, Allahabad HC Delivers Judgment In English, Hindi & Sanskrit, Says Interim Maintenance Order Can't Be Enforced In S. 482 CrPC Plea

Today, the Allahabad High Court made history by delivering its judgment in three languages—English, Hindi, and Sanskrit—a first among all High Courts. A bench of Justice Shiv Shankar Prasad authored the judgment in the above-mentioned three languages concerning the maintainability of Section 482 CrPC petition seeking enforcement of an interim maintenance order made u/s 125 CrPC. The...

Allahabad HC Quashes UP Govt's 'Stereotype' Order Refusing Premature Release Benefit To Convict Who Spent 25 Yrs In Jail

On Wednesday, the Allahabad High Court quashed the Uttar Pradesh government's order denying the benefit of premature release to a 79-year-old convict who had already served 25 years in jail, including remission. Criticizing the government's order as "stereotyped" and lacking individual consideration, a bench of Justice Siddharth and Justice Syed Qamar Hasan Rizvi directed the...

Litigant Can't Be Held Responsible For Counsel's Failure to File Appeal Within Statutory Period Of Limitation: Allahabad High Court

The Allahabad High Court has held that a litigant cannot be held responsible for her/his counsel's inaction in filing the appeal within the statutory limitation period.In the case at hand, the Appellants filed a special appeal against the order passed by a Single Judge in a Testamentary Suit rejecting the application by the second appellant seeking transposition as plaintiff in place...

[Arbitration Act] Retroactive Application Of Judicial Decisions To Arbitral Awards Would Create Legal & Procedural Chaos: Allahabad High Court

Elucidating on the applicability of the judgment of the Supreme Court in Union of India v. Tarsem Singh and Ors 2019, the Allahabad High Court has held that “retroactive application of judicial decisions to arbitral awards would create legal and procedural chaos.”For context, in Tarsem Singh (supra), the Apex Court held that the provisions regarding solatium and interest provided in the...

Allahabad High Court Denies Bail To Man Accused Of Beheading Woman As She Refused To Convert After Marriage

On Tuesday, the Allahabad High Court denied bail to a man accused of brutally beheading a Hindu woman and leaving her body in a drain in September 2020 after she refused to convert to Islam following her marriage with one Ejaj/Aijaj (co-accused). Considering the gravity of the offence, the role assigned to the accused-applicant (Shoeb Akhtar) and the stage of the trial, a bench of...

[UP Trade Tax Act] Because Of Refund Due From Assessment Proceedings, Can't Escape Liability Of Depositing Tax Realized: Allahabad High Court

The Allahabad High Court has held that a registered dealer cannot withhold the tax realised by him from a purchasing dealer only because he had deposited an excess amount of tax at the time of the transaction. The Court held that he cannot escape the liability of depositing the tax realized under the U.P. Trade Tax Act, 1948 because a refund is due to him from assessment...

Aggrieved By Judges' 'Insulting' Behaviour With Lawyers, Allahabad HC Bar Association To Abstain From Work Today

The Allahabad High Court Bar Association (HCBA) has resolved to abstain from work today (Wednesday, July 10), citing its dissatisfaction with the High Court Administration to address a range of pressing issues affecting the advocates, specifically the conduct of certain judges towards bar members. A decision in this regard was taken in an emergent meeting of the governing council of...

Constitution Allows Citizens To Profess, Propagate Their Religion But It Doesn't Permit Them To Convert Others: Allahabad HC

In a significant observation, the Allahabad High Court has observed that while the Constitution of India grants citizens the right to freely profess, practice, and propagate their religion, it does not allow any citizen to convert another citizen from one religion to another. A bench of Justice Rohit Ranjan Agarwal further opined that the individual right to freedom of conscience,...

Gyanvapi Dispute | Allahabad HC Seeks Mosque Committee's Reply On Plea Seeking ASI Survey Of 'Wazukhana' Area

Today, the Allahabad High Court sought a response from the Anjuman Intezamia Mosque Committee (which manages Gyanvapi Mosque in Varanasi) regarding a plea filed before it seeking an Archaeological Survey of India (ASI) examination of the 'wazukhana' area within the mosque premises. A bench of Justice Rohit Ranjan Agarwal sought the Mosque committee's response on a Civil Revision plea filed...

PCS-J 2022 Exam 'Irregularities' | Allahabad HC Restrains Parties From Publishing Affidavit Detailing Marks Awarded By UPPSC

In a significant development concerning the PCS-J 2022 exam irregularities, the Allahabad High Court on Monday restrained parties from publishing any part of the affidavit exchanged concerning the Uttar Pradesh Public Service Commission (UPPCS) 's award of marks. A bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh further directed the officer not to issue a certified or...

Mere Allegation Of Wife Ousting Husband From Matrimonial Home Not Enough To Show Desertion, He Must Show Attempts To Get Back: Allahabad HC

The Allahabad High Court has held that a mere allegation of the wife ousting the husband from the matrimonial home is not sufficient to show 'desertion' by her under Section 13 of the Hindu Marriage Act. The Court held that the husband must show that he tried to return to the house.The bench comprising Chief Justice Arun Bhansali and Justice Vikas Budhwar held,“Except for making...