Allahabad High Court
DRT | Effect & Operation Of Any Interim Order Passed Is Wiped Out At The Passing Of Final Order: Allahabad High Court
The Allahabad High Court held that the effect and operation of any interim order passed is wiped out at the passing of the final order.The bench comprising Justice Piyush Agrawal held that “once an appeal was dismissed as withdrawn, the interim order, if any, passed thereon automatically merges with the final order.” The Court relied on State of U.P. v. Prem Chopra wherein the Supreme...
Employee Placed Under Suspension During Detention Can't Be Denied Wages Upon Acquittal In Absence Of Any Disciplinary Enquiry: Allahabad HC
The Allahabad High Court has held that an employee placed under suspension during the period of detention cannot be denied wages upon acquittal in the absence of any disciplinary enquiry and bail during the period of suspension.The Court further held that such an employee who has been suspended during the period of detention needs to prove that he was not gainfully employed during...
Questions Of Agreement Implications And Legal Provisions Need To Be Decided By Arbitral Tribunal Under Section 16 A&C Act: Allahabad High Court
The Allahabad High Court single bench of Justice Jaspreet Singh held that questions of implications of agreements, Section 64 of the Contract Act, whether the disputes relate to the construction stage or implications of legal provisions of National Highways Act, 1956 need to be decided by the arbitral tribunal. It held that the scope of the review jurisdiction is narrow and limited...
No Suit For Injunction Maintainable Against Notifications Declaring Land As Reserved Forest Under Indian Forest Act: Allahabad High Court
The Allahabad High Court has held that suit for permanent injunction under Section 229B of the U.P. Zamindari Abolition and Land Reforms Act 1950 is not maintainable against the notification issued under Section 4 and Section 20 of the Indian Forest Act, 1927 declaring a land as reserved forest area.The Court held that such notifications can only be challenged before the Forest Settlement...
Allahabad High Court Weekly Roundup: March 18 – March 24, 2024
NOMINAL INDEX M/S Samsung India Electronics Private Limited vs. State Of U.P. And Others 2024 LiveLaw (AB) 170 M/S Shree Sai Palace vs. State Of U.P. And Others 2024 LiveLaw (AB) 171 Smt Preeti Arora v. Subhash Chandra Arora And Another 2024 LiveLaw (AB) 172 Rajesh Kumar And Another vs. Union Of India And 3 Others 2024 LiveLaw (AB) 173 Akhilesh Kumar And 3 Others vs....
UP 'Anti-Conversion' Law Applicable To Live-In Relationships Too: Allahabad High Court
The Allahabad High Court recently observed that the UP Prohibition of Unlawful Conversion of Religion Act, 2021 applies not only to marriages but to relationships in the nature of marriage or live-in relationships. A bench of Justice Renu Agarwal made this observation while dismissing a protection plea filed by an interfaith couple (petitioners) as it noted that the duo had not...
S. 195(1)(b)(ii) CrPC Doesn't Bar FIR Registration Where Alleged Forgery In Documents Took Place Outside Court: Allahabad HC
The Allahabad High Court has observed that Section 195 (1) (b) (ii) CrPC doesn't bar registration of FIR in a case where alleged forgery has been committed in the document outside the Court and thereafter, the alleged forged document was filed in judicial proceedings in a case pending in a Court.For context, Section 195(1)(b)(ii) provides that no Court shall take cognizance of offences...
Additional Chief Medical Officer Has No Authority To File A Complaint For Any Offence Under PCPNDT Act: Allahabad HC
The Allahabad High Court has held that an Additional Chief Medical Officer is not an appropriate authority and he has no authority to file a complaint for any alleged offence committed under the provisions of the Pre-Conception & Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.A Bench of Justice Subhash Vidyarthi held thus while perusing the mandate of Sections 28...
Allahabad HC Criticises Bar Assoc. Resolution Restraining Its Members From Appearing In Cases Against Advocates, Seeks Explanation
The Allahabad High Court recently expressed its strong disapproval of the Bahraich District Bar Association's resolution that restrained its member-advocates from representing accused individuals if the matter is against any other advocate. A bench of Justice Subhash Vidyarthi stressed that such a resolution of the Bar Association restraining Advocates in general from appearing in any...
Allahabad HC Directs Jt. Commissioner Of Police To Inquire Into Alleged Incident Of Property Usurpation By Advocates In Lucknow
The Allahabad High Court has directed the Joint Commissioner of Police (Law & Order), Police Commissionerate, Lucknow to conduct an inquiry into the allegations of property usurpation by 50-60 advocates and to submit a sealed cover report in the court. A bench of Justice Rajan Roy and Justice Narendra Kumar Johari passed this order while hearing a writ plea filed by one Pushkal...
Compassionate Appointment | Daughter-In-Law Supposed To Be Treated Like Daughter In India, Integral Part Of Family: Allahabad High Court
The Allahabad High Court has granted compassionate appointment to daughter-in-law as the son of the deceased was suffering from 75% disability. The Court held that daughter-in-law is an integral part of the family and is supposed to be treated like a daughter.The bench comprising of Justice Vivek Kumar Birla and Justice Donadi Ramesh held,“As per the custom of Indian Society, daughter-in-law...
A&C | Allahabad High Court Set Aside Section 34 Order, District Judge Failed To Take Into Consideration When Appellant Received Signed Award Copy
The Allahabad High Court single bench of Justice Shekhar B. Saraf set aside an order under Section 34 of the Arbitration and Conciliation Act, 1996 passed by the District Judge, noting that the judge failed to give due consideration to Appellant's assertion regarding the non-receipt of the signed copy of the arbitral award. Since the limitation period for Section 34 commences upon...