Wife Who Waived Right To Claim Maintenance At Time Of Divorce By Mutual Consent Not Entitled To It Later: Allahabad HC

The Allahabad High Court has observed that if a woman waives off her right to claim maintenance from her husband at the time of divorce by mutual consent, she cannot later demand the same. A bench of Justice Vipin Chandra Dixit opined thus while ALLOWING a revision plea moved by a husband challenging an order of the Family Court passed in a plea moved by his wife under Section 125 CrPC...

Allahabad High Court Monthly Tax Digest: March 2024

INDEX Gurdeep Singh vs. Nagar Ayukt Nagar Nigam Moti Jheel And Another 2024 LiveLaw (AB) 131 Qamar Ahmed Kazmi vs. State of U.P. 2024 LiveLaw (AB) 133 M/S Sanyo Koreatex Pvt. Ltd. vs. Deputy Commissioner Trade Tax And Another 2024 LiveLaw (AB) 134 M/S Riadi Steels Llp vs. State Of U.P. And 4 Others 2024 LiveLaw (AB) 135 M/S Jhansi Enterprises Nandanpura Jhansi vs. State...

Allahabad High Court Expresses Surprise At Issuance Of Marriage Certificates By Arya Samaj/ Gurudwaras/ Temples

The Allahabad High Court has expressed its 'surprise' over the issuance of marriage certificates by various private institutions like Arya Samaj, Gurudwaras and Temples.A bench of Justice Arvind Singh Sangwan and Justice Shiv Shanker Prasad also directed a signatory of Arya Samaj in Prayagraj to appear before it along with the documents regarding performance and registration of such...

Disciplinary Authority Must Record Reasons For Disagreeing With Exoneration To Enable Employee To Defend Himself Effectively: Allahabad HC

The Allahabad High Court has held that Disciplinary Authority must record reasons for disagreeing with the exoneration by the Inquiry Officer to enable the delinquent employee a chance to effectively defend himself.The bench comprising of Justice Ashwani Kumar Mishra and Justice Syed Qamar Hasan Rizvi held “Recording of reasons in the show cause notice for disagreeing with the opinion...

'Kanyadan' Ceremony Not Essential For Solemnization Of A Marriage As Per Hindu Marriage Act: Allahabad High Court

The Allahabad High Court has observed that the ceremony of Kanyadan is not essential for the solemnization of a Hindu marriage as per the Hindu Marriage Act."Thus, Hindu Marriage Act merely provides saptpadi as an essential ceremony of a Hindu marriage and it does not provide that the ceremony of kanyadan is essential for solemnization of a Hindu marriage," a bench of Justice Subhash...

S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court

The Allahabad High Court has held that divorce petition cannot be dismissed under Section 23 (1) (b) of the Hindu Marriage Act, 1955 if acts of cruelty which were once condoned by the spouse are repeated.The Court held that merely because in the petition it was stated that the husband had condoned the adultery and lived with the wife, it cannot be said that subsequent adultery by the wife...

Allahabad High Court Weekly Roundup: March 25 – March 31, 2024

NOMINAL INDEX Dr. Vinod Kumar Bassi vs. The State Of U.P And Anr. 2024 LiveLaw (AB) 193 Vishwanath vs. State Of U.P. And 2 Others 2024 LiveLaw (AB) 194 Mariya Zameel Urf Riya And Another vs. State Of Up And 3 Others 2024 LiveLaw (AB) 195 Divisional Forest Officer North Kheri v. Surjan Singh And Others 2024 LiveLaw (AB) 196 The Public Works Department Thru. Chief...

UP 'Anti-Conversion' Law Prohibits Live-In Relation Between Interfaith Couples: Allahabad High Court

In a recent order, the Allahabad High Court has observed that Section 3(1) of the UP Prohibition of Unlawful Conversion of Religion Act, 2021 prohibits live-in relationships like a matrimonial bond between couples of different religions.A bench of Justice Vivek Chaudhary and Justice Narendra Kumar Johari observed thus while disposing of a writ petition moved by a Hindu girl and her...

Competitive Exams | Can't Hold A Question To Be Wrong As Long As It Can Be Understood By Candidates & Can Be Answered: Allahabad HC

The Allahabad High Court has observed that in the matter of public examinations, a question should not be considered wrong solely based on its formulation unless it cannot be understood or answered by the candidate. While acknowledging the argument that a few questions could be better framed, the Court said that this fact alone does not invalidate them. “Unless it is shown that...

UP Urban Buildings Act | Amendment/Substitution In Pending Release Application Not A Second Application: Allahabad High Court

The Allahabad High Court has held that filing an amendment application or substitution application in a pending application for release of property from tenant under Section 21 of the Uttar Pradesh Urban Buildings (Regulation Of Letting, Rent And Eviction) Act, 1972 cannot be treated as a second application.The Court held that in absence of any decision on the merits of first release...

'Unfortunate; Should Be Dealt With Iron Hand': Allahabad HC Concerned Over 'Mushrooming' Of Fake Job Agencies To Exploit Unemployed Youth

The Allahabad High Court recently expressed profound concern over the alarming proliferation of fraudulent manpower consultant agencies and fake recruitment firms across the country. Describing the mushrooming of such fake agencies as "unfortunate", a bench of Justice Manju Rani Chauhan observed that the youth, without knowing the hidden agenda of such fake rackets, are falling prey...

'Human/Child Sacrifice Shocks Conscience Of Civilized Society': Allahabad HC Upholds Life Term For Man Who Killed 1-Yr Old Boy

The Allahabad High Court, while upholding the conviction of a man who killed a 1-year-old child, recently observed that human/child sacrifice shocks the conscience of civilized society and the same is required to be condemned by one and all. With these observations, a bench of Justice Rajiv Gupta and Justice Mohd. Azhar Husain Idrisi also upheld the life sentence imposed on...