Ex-MLA's Statue Installed On Govt Land? Allahabad High Court Registers Suo Moto PIL, Seeks Removal Plan For Illegal Structures

The Allahabad High Court in September this year registered a suo motu Public Interest Litigation (PIL) of the recurring issue of statues being installed on government land illegally without sanction. A Division Bench of Justice Rajan Roy and Justice Prashant Kumar bench essentially converted a petition concerning the statue of Ex-MLA Indrabhadra Singh (Dhanpatganj, Sultanpur) into a...

Frame Solid Policy To Ensure Teachers' Regular Attendance In Rural Schools; Record Their Presence Digitally: Allahabad High Court To UP Govt

In continuation of its earlier directions aimed at ensuring teachers' regular presence in rural primary and junior schools, the Allahabad High Court on October 30 reiterated that the Uttar Pradesh Government must come out with a 'solid' solution ensuring attendance of the teacher in the institution where the children of poor villagers are studying. A bench of Justice Praveen Kumar...

Police Can Order Bank Account Freeze If Suspicious Dealings Found In Probe, Party Can Approach Magistrate For Relief: Allahabad High Court

The Allahabad High Court has held that police can direct freeze of bank accounts if it finds suspicious transactions during investigation and the affected party has the remedy to approach the Magistrate concerned for defreezing of account after investigation is concluded.Referring to the judgment of the Apex Court in Teesta Atul Setalvad vs. The State of Gujarat (2018), a division bench...

Acharya's Role A Traditional Duty, Not Employment: Allahabad High Court Allows Padma Awardee To Continue Rituals At Kashi Vishwanath Temple

The Allahabad High Court recently set aside the 25-year-old order of the Kashi Vishwanath Temple Trust CEO that had terminated the engagement of Padma Vibhushan and Padma Shri awardee Professor Dr. Devi Prasad Dwivedi as Acharya at the Temple. A bench of Justice Saurabh Shyam Shamshery, while deciding the writ petition filed in 2000, held that the "position of Acharya is a...

JJ Act | Juvenile's Conviction Not To Be Treated As Disqualification For Appointment In Services: Allahabad High Court

Placing reliance on erstwhile Section 19 of the Juvenile Justice (Care and Protection of Children) Act, 2000 which is almost identical to Section 24 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the Allahabad High Court has held that juvenile's conviction under the Act is not to be treated as disqualification for appointment in services.Section 19 of the Juvenile...

O. XXI R. 10 & 11(2) CPC | Power Of Attorney Holder Can Sign Execution Plea If Acquainted With Case Facts: Allahabad High Court

Interpreting Order XXI Rules 10 & 11(2) of CPC, the Allahabad High Court recently held that a Power of Attorney holder can validly sign and verify an execution application if he is proved to the satisfaction of the Court to be acquainted with the facts of the case. A bench of Justice Rohit Ranjan Agarwal held so while dismissing a petition challenging the maintainability of...

JJ Act | Child Welfare Committee Has No Power To Direct Police To Register FIR; Can Only Report Violations: Allahabad High Court

The Allahabad High Court has ruled that a Child Welfare Committee (CWC) constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015 has no power to direct the police to register a First Information Report (FIR). The bench added that the CWC can only forward a report to the Juvenile Justice Board or to the concerned police authority if it finds a violation of...

'Fraud Unravels All Solemn Transactions': Allahabad High Court Denies Relief To Compassionate Appointee Terminated After 27-Yrs Service

Holding that fraud vitiates everything else, the Allahabad High Court has denied any relief to the employee who had worked for 27 years as compassionate appointee, citing grounds of fraud committed by him in obtaining the appointment.Upholding the order declaring his appointment void ab initio with effect from the date of appointment, i.e., 31.03.1998, Justice Manju Rani Chauhan...

Celebration 'Anti-National' : PIL In Allahabad High Court Opposes Fund Allocation For Oudh Bar Association's 125th Anniversary Event

A Public Interest Litigation (PIL) plea has been moved before the Allahabad High Court (Lucknow Bench), seeking a direction to restrain the authorities from allocating any fund or allotting the High Court's conference hall to the Oudh Bar Association (OBA) for its proposed program to celebrate the 125th anniversary of the society, scheduled on November 2, 2025. The plea has been filed...

Interim Restraint On Creating Third-Party Rights In Property Is Permissible In Specific Performance Suits: Allahabad High Court

The Allahabad High Court has held that an injunction can be granted against the owner of a property in specific circumstances under Order 39 Rule 1 & 2 of CPC, even if the principle of lis pendens under Section 52 of the Transfer of Property Act ('TP Act') is applicable.Referring to the decision of the Apex Court in Ramakant Ambalal Choksi vs. Harish Ambalal Choksi & Others,...

Arbitral Award In One Proceeding Can Be Used As Evidence In Another: Allahabad High Court Upholds ₹126 Cr Award To Adani

The Allahabad High Court has held that an arbitral award given in one proceedings can be used as evidence in other arbitral proceedings, though the weightage given to it may vary on case to case basis.While dealing with an arbitral award of more than Rs. 126 crores in favour of Adani Enterprises Ltd., the bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh held“An Arbitral...

Second FIR On Same Background Not Barred When Allegations Are Distinct In Scope, Subject & Period: Allahabad High Court

In an order clarifying the scope of the 'second FIR' bar, the Allahabad High Court today held that the registration of a subsequent FIR on same background is not legally prohibited if it discloses new and distinct offences based on fresh fact. A Bench of Justice Chandra Dhari Singh and Justice Lakshmi Kant Shukla observed that while Supreme Court's ruling in the case of TT Antony...