Allahabad High Court
'No Bar On Claiming 2nd Maternity Benefit Within 2 Yrs Of 1st Grant': Allahabad HC, Says 'Maternity Act' Overrides Financial Handbook
The Allahabad High Court has recently held that the Maternity Benefit Act, 1961 is a piece of beneficial legislation which will override the provisions of the Financial Handbook on an institution. The Court further held that there is no bar on claiming second maternity benefits within two years from the first one.Relying on the earlier judgments of the Allahabad High Court in Anupam Yadav...
'Fundamental Right To Shelter Violated': Allahabad HC Orders ₹2L Compensation, Vacant Land For 2 Who Were Unlawfully Dispossessed By Authorities
Recently, the Allahabad High Court directed the official state authorities to pay a sum of Rs. 2 lakhs, and vacant land to two persons who were admittedly unlawfully dispossessed of their land by the them.While awarding the compensation, Justice J.J. Munir held that“They (referring to State Authorities) have employed powers available to them and the might of the State to unlawfully deprive...
Sale Deed For Land Can't Be Executed By Person Whose Name In Mutation Entry Is Stayed: Allahabad High Court
The Allahabad High Court has held that a person whose name mutation as the tenure holder of a land has been stayed, cannot execute a sale deed for the said land.While dealing with the sale of land by the wife of a deceased tenure holder, Justice Rajnish Kumar held since a stay was ordered by the Tehsildar on entry of the wife's name as the tenure holder of the disputed land, she did not have...
HC Can't Interfere In Factual Findings Regarding Grant Of Arms License: Allahabad High Court
The Allahabad High Court has held that the High Court exercising writ jurisdiction under Article 226 of the Constitution of India cannot interfere in factual findings returned by the Licensing Authority regarding the grant of arms license under the Arms Act, 1959.“There is no right to have an arms licence which is a privilege and it is a question of fact which is to be ascertained by...
'Misleading' Gutka Ads | 'Notices Issued To Shah Rukh Khan, Akshay Kumar & Ajay Devgn': UOI To Allahabad HC In Contempt Case
The Union of India has informed the Allahabad High Court that the Central Consumer Protection Authority (CCPA) has issued notices to Bollywood actors Shah Rukh Khan, Akshay Kumar and Ajay Devgan over surrogate Gutkha advertising. The submission was made before a bench of Justice Rajesh Singh Chauhan in response to a contempt plea filed over non-compliance with the High Court's September...
Why Madrasa Board Under Minority Dept, Not Education?; Can Persons Of Specific Religion Only Be Appointed To Board?: Allahabad HC Asks UOI, UP Govt
Amid the ongoing controversy over madrasas in Uttar Pradesh, with the state government surveying the Islamic education institutions in 2022 and forming an SIT last month to probe madrassas' funds from abroad, the Allahabad High Court last week questioned the need for the Madarsa Board to run under the Minority Department rather than the Education Department of the state.The bench of Justice...
Proceedings For Alleged Different Usage Of Land Can't Be Initiated U/S 28-A UP Urban Planning & Development Act: Allahabad HC
The Allahabad High Court has held that proceedings for alleged different usage of land other than the sanctioned purpose cannot be initiated under Section 28-A UP Urban Planning and Development Act 1973.The bench comprising Justice Manju Rani Chauhan held that for proceedings under Section 28-A of the 1973 Act, notice needed to be issued under Section 27 or Section 28 before the order is...
Krishna Janmabhumi Dispute | Plea For 'Preservation', 'Detention' & 'Inspection' Of Shahi Idgah Mosque: Allahabad HC Seeks UP Waqf Board's Reply
In yet another significant development in the pending suits before the Allahabad High Court concerning Mathura's Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, an application has been moved seeking for 'preservation', 'detention' and 'inspection' of Shahi Idgah Mosque and to permit for photography, videography of the land, building, basements and other places.It maybe be noted that the HC...
Gyanvapi-Kashi Title Dispute | Allahabad HC Reserves Verdict On Plea Challenging Hindu Worshippers' 1991 Suit
In a significant development in the Kashi Vishwanath-Gyanvapi land title dispute cases, the Allahabad High Court on Friday reserved its judgment on a batch of petitions including a plea challenging a 1991 civil suit filed by Hindu worshippers seeking the right to worship in the Gyanvapi mosque.The suit, pending before a Varanasi court, seeks to restore an ancient temple at the disputed...
Govt E-Marketplace Portal Is Need Of The Hour, In Best Interest Of Buyers & Sellers: Allahabad High Court
The Allahabad High Court has observed that the Government e Marketplace Portal for procuring goods and services is a “need of the hour”. The Court noted that the mechanism followed by the portal and the steps taken by the Government to procure all goods and services through this portal is in the best interest of buyers and sellers.The bench comprising of Justice Mahesh Chandra Tripathi...
'Marital Rape No Offence If Wife Is 18 Or Above': Allahabad HC Endorses MP HC's View That Husband Not Liable U/S 377 IPC For Unnatural Sex
While acquitting a husband of the charges under Section 377 IPC for allegedly committing an “unnatural offence” against his wife, the Allahabad High Court has observed that protection of a person from marital rape continues in cases where his wife is of 18 years of age or more than that. In its order, the bench of Justice Ram Manohar Narayan Mishra also noted that in the...
Allahabad High Court Holds That Improper Notice Invalidates Ex-Parte Arbitral Award
The Allahabad High Court has held that improper notice of arbitration invalidates an arbitration award passed ex-parte.The bench of Justice Rohit Ranjan Agarwal held that Section 14(2) of the Arbitration Act, 1940 requires that notice be given to the parties after the arbitrators or umpire have signed the award. Without proper notice, the court held that the proceedings leading to the...