Electricity Department Strictly Liable In Electrocution Cases, Proof Of Negligence Not Needed: Allahabad High Court

The Allahabad High Court has held that the principle of strict liability is applicable in cases of electrocution and the fault of employees of the electricity company in installing and maintaining the lines is irrelevant. It held that the burden to prove injury is on the person claiming compensation. Holding that the compensation in cases of electrocution must be determined in accordance with...

Civil Courts Can't Decide Premature Loan Repayment Disputes, Only NCLT Has Jurisdiction: Allahabad High Court

The Allahabad High Court has held that civil courts cannot decide disputes regarding premature repayment of a loan. Only the National Company Law Tribunal (NCLT) has such jurisdiction under Section 45QA of the Reserve Bank of India Act, 1934, read with Section 430 of the Companies Act, 2013.Section 45QA of the Reserve Bank of India Act, 1934, empowers the Company Law Board, constituted...

Pendency Of Criminal Case With General Matrimonial Allegations No Ground To Deny Job: Allahabad High Court

The Allahabad High Court has held that an employer cannot deny appointment for mere pendency of criminal case against the candidate, which arises out of matrimonial dispute. Referring to the decision of the Supreme Court in Avtar Singh v. Union of India, Justice Karunesh Singh Pawar held,“...the pendency of the criminal case, based on general allegations arising out of a matrimonial...

Tribunals Can't Get Involved In Infight Between Counsels: Allahabad High Court

Recently, while dealing with a compensation claim arising out of Motor Vehicles Act, 1988, the Allahabad High Court observed that the Motor Accidents Claims Tribunal cannot get involved in an infight between counsels.Despite orders of the Lok Adalat in 2019, the compensation had not been released to the petitioner. In 2026, the Presiding Officer, MACT Sultanpur passed an order stating that...

Challenge To Tribunal Order Lies Before HC Having Territorial Jurisdiction Over It: Allahabad High Court

The Allahabad High Court has held that it does not have the territorial jurisdiction to entertain writ petitions against the order passed the Principal Bench of the Armed Forces Tribunal located in New Delhi. Relying on the landmark judgment of the Apex Court in L. Chandra Kumar v. Union of India and Union of India v. Alapan Bandyopadhyay, the bench of Chief Justice Arun Bhansali and...

S. 221 CrPC | No Bar To Invoke Both 'Cheating' & 'Criminal Breach Of Trust' Offences On Same Allegations: Allahabad HC

The Allahabad High Court has observed that offences of 'cheating' and 'criminal breach of trust' under IPC can be invoked simultaneously against an accused if the facts create doubt as to which offence is actually committed A bench of Justice Arun Kumar Singh Deshwal thus dismissed the bail application of a man accused of misappropriating funds collected from poor women belonging...

Mutation Proceedings Not Meant To Decide Property Title, Parties Must Approach Civil Court: Allahabad High Court

The Allahabad High Court has held that question of property title ought not to be gone into or decided in mutation proceedings and can only be decided in a civil suit. Upholding Naib Tehsildar's order rejecting mutation in records after 34 years, Justice J.J. Munir held,“The claim of the petitioner, pitted against that of the fifth respondent, no doubt, involves a complicated question of...

Habeas Plea Not A Tool To Trace Husband Evading Maintenance; Family Court Can Initiate Coercive Measures: Allahabad HC

The Allahabad High Court has observed that a habeas corpus petition cannot be used as a tool to secure the presence of husband who is allegedly evading warrants in a maintenance execution case. A bench of Justice Siddharth and Justice Vinai Kumar Dwivedi noted that it is for the Family Court concerned to initiate all coercive measures in such cases to secure the presence of...

Allahabad High Court Raps UP Govt For Filing Appeal Against Dead Person Instead Of Legal Heirs

The Allahabad High Court has recently dismissed a highly belated first appeal filed by the State of U.P. against a dead person, without impleading any of his legal heirs. Observing that State's delay in filing appeal cannot be condoned merely because permission to file appeal was obtained late, Justice Sandeep Jain held,“...there was gross negligence on the part of the State in preferring...

UP Education Act | Officiating Principal Of Aided Institution To Be Paid Salary Equal To Salary Of Regular Principal: Allahabad High Court

The Allahabad High Court has held that an officiating principal of a grant in-aid institution must be paid a salary equal to that of a principal. However, it also held that holding the post of officiating principal for a long duration will not entitle them to any rights, other than the salary of the principal of the institution. Holding that U.P. Education Service Selection Commission Act,...

Status Of Bhumidar Cannot Be Revised If Conditions U/S 122-B (4-F) UP Zamindari Abolition Act Are Satisfied: Allahabad HC

The Allahabad High Court has reiterated that if the condition under Section 122-B (4-F) of the U.P. Zamindari Abolition and Land Reforms Act are satisfied, then the labourer belonging to Scheduled Caste or Scheduled Tribe, as the case may be, will be considered the Bhumidhar of the land and such bhumidhari cannot be subjected to revision by any authority. Section 122-B(4-F) of the U.P....

Tendency To Approach Police For Civil Wrongs Undermines Rule of Law: Allahabad High Court Slams 'Cosmetic' FIRs

The Allahabad High Court recently termed it as 'disturbing' that the public approaches the police and the Collectors for the redressal of civil wrongs, as this tendency undermines the fabric of the rule of law and promotes extra-legal agencies for remedies where these agencies have no jurisdiction.A bench of Justice JJ Munir and Justice Tarun Saxena made the observations while hearing a...