Tenant's Plea That Possession Was Never Delivered Requires Evidence; Can't Reject Rent Case Under Order 7 Rule 11: Allahabad High Court

The Allahabad High Court has held that a tenant's plea that possession was never handed over under an executed rent deed, and that no landlord-tenant relationship therefore came into existence, raises a disputed question of fact which cannot be decided on an application under Order VII Rule 11 CPC.Justice Dr. Yogendra Kumar Srivastava held,“The plea of non-delivery of possession raised by...

Urban Land Ceiling Act | Sale Of Surplus Land Rendered Void Under Old Act Can't Be Revived By Repeal Act: Allahabad High Court

The Allahabad High Court has held that sale of surplus land which has been declared void under the Urban Land (Ceiling and Regulation) Act, 1976 cannot be revived by the Urban Land (Ceiling and Regulation) Repeal Act, 1999.Section 10(4) of the Act deems any transfer of excess vacant land made during this period to be null and void. Noting that the Repeal Act is silent on such transfers, the...

Defection | Tenth Schedule Disqualification Is For Being A Member, Not For Contesting Fresh Election: Allahabad High Court

The Allahabad High Court has held that a legislator who voluntarily gives up membership of his political party incurs disqualification under the Tenth Schedule of the Constitution is only in respect of the House of which he is then a member, and is not thereby barred from contesting an election to Parliament. It held that Article 102(2) of the Constitution disqualifies such a person only...

Allahabad High Court Orders ₹50K Compensation Over 5-Day Illegal Police Detention, Praises Cops For Candid Admission Of Error

The Allahabad High Court last week ordered the State Government to pay ₹50,000 as compensation to a man who was kept in illegal police detention for 5 days, from August 15-August 19, 2026, before being produced before the concerned Magistrate. A Bench of Justice Atul Sreedharan and Justice Achal Sachdev passed the order on a habeas corpus petition filed by Kamlesh Kumar, who alleged that...

Division Of Cooperative Society Ends Delegates' Status; Retaining Old Name, Registration Number Don't Preserve Eligibility: Allahabad High Court

The Allahabad High Court has held that when a cooperative society is divided under Section 126 of the U.P. Cooperative Societies Act, 1965, the original society also becomes a new body corporate, even if it is allowed to keep its old name and registration number. It held that upon such division, the delegates of the original society cease to be delegates under Rule 87(ix) of the U.P....

Allahabad High Court Orders Inspection Of Ghaziabad's Gulmohar Greens After Possession Was Allegedly Given Without Completion Certificate

Recently, the Allahabad High Court has appointed Advocate Commissioners for inspection and verification of factual position of Gulmohar Greens, Ghaziabad, where possession of flats was handed over by the builder without obtaining completion certificate from the Ghaziabad Development Authority. The bench of Justice Saral Srivastava and Justice Sudhanshu Chauhan appointed advocates...

Santa Claus Caps Can't Be Forced On Employees At Workplace, May Hurt Sentiments Of Different Faiths: Allahabad High Court

This type of action is not permitted in the democratic system of the country wherein every citizen is free to follow his/her faith and belief, the Court said.

Interfaith Same-Sex Couple Has Fundamental Right To Live Together In Peaceful Live-In Relationship: Allahabad High Court

The Allahabad High Court has observed that an interfaith same-sex couple has a fundamental right under Article 21 of the Constitution of India to live together in a peaceful live-in relationship, observing that family members, relatives, or other persons cannot interfere with the couple's choice to live together. A bench of Justice Dr. Gautam Chowdhary passed the order while dealing with a...

Arya Samaj Marriage Certificate Alone Can't Prove Valid Hindu Marriage; Essential Ceremonies Must Be Performed: Allahabad High Court

The Allahabad High Court has observed that merely producing a marriage certificate issued by an Arya Samaj Mandir cannot establish that a valid marriage was solemnized under the Hindu Marriage Act. The Court said that the essential ceremonies prescribed for a Hindu marriage must be performed. A bench of Justice Rajeev Singh observed thus while quashing the removal of an officer of the...

Allahabad High Court Orders Independent Inquiry Against HOD-Warden Over Alleged Caste-Based Humiliation At RPNLU Prayagraj

Allegations of caste-based humiliation and discrimination have been raised by 2 students.

Allahabad High Court Flags Online Service Providers' Practice Of Targeting Searchers, Taking Consent Via OTP/Web Links

The Allahabad High Court has flagged the practice of online service providers contacting people who have searched for certain content online and obtaining their consent through OTPs or web links, observing that such activities are in the public domain and affect the public at large. A Bench of Justice Prakash Padia and Justice Vivek Saran made the observation while hearing a writ...

Right To Retirement Benefits Accrues From Length Of Service, Not Attached To Post: Allahabad High Court

The Allahabad High Court has held that the right to retirement benefits flows from the length of service rendered by an employee and is not linked to the post held. It directed the State to pay pension, gratuity and other retirement benefits to a Junior Clerk whose services were terminated in 2000 on the ground that there was no vacant post against which he could have been appointed, noting...