Allahabad HC Orders FIR Against Man Accused Of Marrying 12 Y/O Girl, Hands Him Over To Police From Court Premises

In a significant order, the Allahabad High Court on Tuesday detained a man and handed over his custody to the police (directly from the court premises) after it was discovered that he had married a 12-year-old girl. Filing a protection plea, the man (accused-husband) had approached the court with the girl, falsely claiming she was 21 years old while seeking a directive...

Allahabad High Court Seeks UP Govt's Reply On Effective Implementation Of GOs Banning Chinese Manjha Across State

The Allahabad High Court has sought the responses of the Home Department and Department of Environment in the State of UP to apprise the court about the mechanisms in place for the effective implementation of government orders that prohibit the manufacture, storage, use, and sale of synthetic Manjha, lead-coated nylon kite strings (patang dori), and Chinese Manjha in the state. The...

Co-Accused Can't Be Implicated U/S 149 IPC If There Is No Meeting Of Mind Concerning Any Common Object: Allahabad HC

The Allahabad High Court has observed that when the other co-accused were not present at the scene and when there was no meeting of mind concerning any common object, the co-accused could not be implicated under Section 149 IPC. For context, Section 149 IPC makes every person who is a member of unlawful assembly at the time of committing the offence guilty of that offence. A...

Impact Of Delayed Receivables From AE Already Factored In Working-Capital: Allahabad HC Directs TPO To Adjudicate Interest On Receivables

The Allahabad High Court recently reiterated that once working capital adjustment is granted to assessee, there is no need for further imputation of interest on outstanding receivables at the end of the year, as the same gets subsumed in working capital adjustment. The Division Bench comprising Justice Shekhar B. Saraf and Justice Manjive Shukla reiterated that “In respect...

Recreational Gaming Activities Such As Poker Or Rummy Are Games Of Skill, Not Gambling: Allahabad High Court

Recently, the Allahabad High Court reiterated that “Poker and Rummy are absolutely a game of skill and not gambling.”Petitioner approached the High Court against the order passed by the office of the D.C.P. City Commissionerate, Agra by which it was denied permission to establish a gaming unit for rummy and poker. Counsel for the petitioner relied on the decision of the Supreme Court in...

No Spouse Expected To Continue Matrimonial Relationship At Risk Of Malicious Criminal Prosecution: Allahabad High Court

The Allahabad High Court has held that under Section 13 of the Hindu Marriage Act, 1995 (Uttar Pradesh Amendment) a spouse cannot be expected to continue a matrimonial relationship at the risk of malicious criminal prosecution as it may lead to loss of dignity and reputation, apart from other consequences like being arrested.The bench comprising Justice Saumitra Dayal Singh and Justice...

Not Mandatory For Widowed Daughter-In-Law To Live In Matrimonial Home To Claim Maintenance From Father-In-Law: Allahabad High Court

The Allahabad High Court has observed that agreeing to live in a matrimonial home is not a condition precedent for a widowed daughter-in-law to seek maintenance from her father-in-law. It was observed that a widowed woman choosing to live with her parents will not lead to the conclusion that she separated from her matrimonial home.The bench comprising Justice Saumitra Dayal Singh and...

Family Court Refused To Sever Ties Between Parties Living Separately For A Decade, Showed Disregard For Their Feelings & Emotions: Allahabad HC

The Allahabad High Court has held that where there is long period of separation, a decade in this case, the Family Court cannot refuse to grant decree of divorce and disregard the emotions and feelings of the parties who are no longer affectionate towards each. The bench comprising of Justice Rajan Roy Singh and Justice Subhash Vidyarthi held“By refusing to severe the tie between the...

UPVAT| "Vitamins And Minerals Pre-Mix" Are Unclassified Goods, Do Not Fall Under "Ores And Minerals", "Drugs And Medicines" Or "Chemicals": Allahabad High Court

The Allahabad High Court has upheld the finding of the Commercial Tax Tribunal holding that "vitamins and minerals pre-mix" are unclassified goods, do not fall under "ores and minerals", "drugs and medicines" or "chemicals” under Schedule II of the U.P. Value Added Tax Act, 2008. Challenging the order of the Commercial Tax Tribunal, counsel for revisionist-assesee argued that...

Allahabad High Court Weekly Round-Up: 26 August - 01 September, 2024

NOMINAL INDEX Anuj Kumar Agarwal vs. State Of Up And 4 Others 2024 LiveLaw (AB) 535 Abhilasha Shroti vs. Rajendra Prasad Shroti 2024 LiveLaw (AB) 536 Remo D Souza v.s State of U.P. and Another 2024 LiveLaw (AB) 537 Lavkush Tiwari and 1486 others v. The State of U.P. and others 2024 LiveLaw (AB) 538 Rajendra Singh Verma v. C.B.I 2024 LiveLaw (AB) 539 Saurabh...

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...