Limitation Act | Doesn't Encompass Long Delays, Condonation Only In Exceptional Cases: Allahabad High Court Dismisses Section 37 A&C Petition

The Allahabad High Court single bench of Justice Shekhar B. Saraf held that Section 5 of the Limitation Act does not encompass long delays, and condonation can only be granted in exceptional cases where the appellant acted in a bona fide manner and not negligently. The bench dismissed an appeal filed after a delay of four years. Brief Facts: The Appellant filed an...

State Can't Provide Separate Education Systems For Separate Religions, It Violates Principles Of Secularism: Allahabad HC Strikes Down 'UP Madrasa Act'

While declaring the 'UP Board of Madarsa Education Act 2004' as UNCONSTITUTIONAL, the Allahabad High Court today ruled that the a Secular State has no power to create a Board for religious education or to establish a Board for school education only for a particular religion and philosophy associated with it Emphasizing that the State has the foremost duty to provide education to...

Allahabad High Court Declares 'UP Board Of Madarsa Education Act 2004' As Unconstitutional

In a significant ruling, the Allahabad High Court (Lucknow Bench) has declared the 'UP Board of Madarsa Education Act 2004' as UNCONSTITUTIONAL violating the principle of Secularism. A detailed Judgment is awaited.While declaring the law as Ultra Vires, the Division comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi also directed the Uttar Pradesh Government to frame a scheme...

Allahabad High Court Issues Notice To Advocate General On A Plea Challenging UP Govt's Nazul Land Ordinance

The Allahabad High Court, today, issued notice to the Advocate General in a writ petition challenging the Uttar Pradesh Nazul Properties (Management and Utilization For Public Purposes)Ordinance, 2024 which was notified on 7th March 2024 by the State government.Recently, another petition challenging the recent ordinance of the Uttar Pradesh Government concerning the Nazul land policy was...

S.144B Income Tax | Burden to Provide Registered Email Shifts On Assessee Only If It Can't Be Obtained From ITR/Portal/MCA Website: Allahabad HC

The Allahabad High Court has held that the provision requiring the assesee to provide his “registered email address” to the income tax authorities under Section 144B of the Income Tax Act, 1961 is residuary in nature.The Court held that if the assessing authority is unable to obtain the registered email address from the income tax returns or from the designated portal of assesee or website...

Order 8 Rule 1 CPC Only Directory: Allahabad High Court Upholds Family Court Order Permitting Wife To File Written Statement Beyond 90 Days

Recently, the Allahabad High Court has upheld the order of the Family Court granting extension of time to defendant-wife for filing written statement beyond the statutory period of 90 days provided in Order 8 Rule 1 of CPC during pendency of application under Section 24 of the Hindu Marriage Act.Order 8 Rule 1 of CPC provides that a defendant shall file his written defense within 30 days from...

Allahabad HC Releases 4 Elderly Accused Including 2 With 100% Blindness On Interim Bail Pending Premature Release Decision By UP Govt

The Allahabad High Court on Tuesday granted short-term bail to 4 elderly murder accused, including two with 100% blindness, till their cases for premature release - pending before the State Government - are not decided. The order was passed by a bench of Justice Arvind Singh Sangwan and Justice Shiv Shanker Prasad in line with the HC's order of January 10, 2024 [passed in the case of Ganesh...

Employee Erroneously Given Benefit Of Scheduled Tribe Quota Can't Be Terminated In Absence Of Any Misrepresentation On His Part: Allahabad HC

The Allahabad High Court has upheld the quashing of termination of an employee after he had an unblemished service record of 30 years. Petitioner was appointed in the Schedule Tribe category against posts of Assistant Deputy Controller, Junior Scale in 1990. Thereafter, he was promoted on the post of Assistant Deputy Controller, Senior Scale and was eventually promoted on the post...

'Classic Example Of Red Tapism Of Govt Officials': Allahabad High Court Rebukes UP Govt Over Unpaid Dues To Temples

The Allahabad High Court on Wednesday once again rapped the State Government for withholding the annuity of Thakur Rangji Maharaj Virajman Mandir and eight other temples in Vrindavan for the last four years. The Court also termed it as "a classic example of red tapism of the government officials"The observation was made by the Single Judge while dealing with a petition filed by Thakur...

'Unwarranted Expressions Containing Political Overtones': Allahabad HC Expunges UP Court's Remarks Hailing CM Yogi Adityanath

In a significant development, the Allahabad High Court on Tuesday EXPUNGED the remarks made by Additional Sessions Judge, Bareilly, Ravi Kumar Diwakar in one of his orders pertaining to the 2010 Bareilly Riots case wherein he had praised UP CM Yogi Adityanath and stated that "religious person in power gives good results".While expunging Judge Diwakr's "unwarranted" remarks "containing...

Plea In Allahabad High Court Challenges UP Govt's Recent Ordinance On Nazul Land Policy

A petition has been moved before the Allahabad High Court challenging the recent ordinance of the Uttar Pradesh Government concerning the Nazul land policy. Hearing the matter last week, the Court granted time to the counsels for the state to seek instructions in the matter.It may be noted that on 7th March 2024, the State Government of Uttar Pradesh notified the Uttar Pradesh Nazul...

Allahabad HC Issues Fresh Notices To 4 Political Parties Including BJP, SP On PIL Seeking Ban On Caste-Based Rallies

The Allahabad High Court (Lucknow bench) on Monday issued fresh notices to four major political parties of Uttar Pradesh including the Bharatiya Janata Party and Samajwadi Party on a Public Interest Litigation (PIL) plea seeking a complete ban on caste-based rallies. The bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh also gave the Union Of India a last chance to submit...