Allahabad High Court
Milad-Un-Nabi Juloos | State Authority Bound To Ensure Tranquillity When Peaceful Processions Are Carried Out: Allahabad HC
The Allahabad High Court has observed that it is the job of the State Authority to ensure peace and tranquillity when peaceful processions are carried out. A bench of Justice Shekhar B. Saraf and Justice Manjive Shukla observed thus while directing the Sub Divisional Magistrate, Najibabad (District Bijnor), to pass a reasoned order by September 15 on an application seeking permission to carry out the procession of “Eid Miladun-nabi (PBUH)/Barawafat” on September 16. “…we...
Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court
The Allahabad High Court has held that under Section 10 of the Hindu Marriage Act, 1955 if no cohabitation occurs between the parties in the year after the decree of restitution of conjugal rights or decree of judicial separation, the decree of separation would be upheld.Parties married on 08.12.2001. Respondent-husband alleged that the appellant-wife deserted him in 2002. Since the appellant did not revive the matrimonial relationship between the parties, he initiated proceedings seeking...
Prima Facie Misuse Of Power By Assistant District Govt Counsel Under SC/ST Act: Allahabad High Court Directs State To Inquire
The Allahabad High Court has directed the Uttar Pradesh government to look into a case where the post of Assistant District Government Counsel (Criminal) is being misused by the official in lodging FIRs under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and seeking compensation under the Act.Petitioner No. 1 is presently posted as District Social Welfare Officer, Jhansi and Petitioner No. 2 was posted in the same position earlier. They approached the High...
Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC
The Allahabad High Court has held that long separation coupled with criminal prosecution and harsh words without any desire to retrieve the matrimonial relationship shows an irretrievable breakdown of marriage.While dealing with a matrimonial case of 21 years of separation, the bench comprising of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held “Desertion suffered over long years in a young marriage, accompanied with harsh words spoken and complete lack of desire and effort on part...
Acquisition Proceedings Initiated Under UP Awas Vikas Adhiniyam 1965, Cannot Be Held To Have Lapsed Under Land Acquisition Act, 2013: High Court
The Allahabad High Court has held that acquisition proceedings initiated under U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 cannot be held to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.The bench comprising of Justice Manoj Kumar Gupta and Justice Manish Kumar Nigam held “While Section 24(2) of the New Act, 2013 would not apply and the acquisition would not lapse but the petitioner would be...
No Limitation U/S 7 Of Family Courts Act, 1984, For Filing Suit For Declaration Of Divorce: Allahabad High Court
The Allahabad High Court has held that there is no limitation under Section 7 of the Family Courts Act, 1984 for filing suit for declaration of divorce.Section 7 of the Family Courts Act, 1984 provides the jurisdiction of the Family Courts. Explanation (b) provides that a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person can be filed before the Family Court. The bench comprising of Justice Vivek Kumar Birla and Justice Syed Qamar...
High Court Is Appellate Authority U/S 19 Family Courts Act, Doesn't Have Wide Powers To Dissolve Marriage Under Article 142: Allahabad HC
While dismissing a divorce appeal, the Allahabad High Court has held that it does not possess power similar to that of the Supreme Court under Article 142 for dissolving marriages as it is only a court of appeal in terms of Section 19 of the Family Court Act, 1984.Article 142 of the Constitution of India empowers the Supreme Court to pass any decree/order which it may deem necessary “for doing complete justice” in any pending case before it. Section 19 of the Family Court Act, 1984 provides for...
Allahabad High Court Seeks Response From Centre & HC On PIL To Rename It As 'High Court Of Uttar Pradesh'
On Wednesday, the Allahabad High Court sought responses from the Central Government and the High Court on a PIL (Public Interest Litigation) plea filed before it to rename HC as the "High Court of Uttar Pradesh" in the official documents. “Keeping the question of maintainability of petition and the objection for the reliefs claims in view of a decision of Coordinate Bench in PIL Civil No. 14171 of 2020 open for consideration on the next date and also those objections to be raised at...
No Need To File Two Second Appeals When Order Challenged In Cross Appeal Before First Appellate Authority Arises From Single Suit: Allahabad HC
The Allahabad High Court has held that when different appeals are filed from a decree passed in a single suit, the decree of the suit determines the rights of the parties. It has been held that there is no necessity to file two separate second appeals in such cases only because there were two appeals against the decree.Justice Kshitij Shailendra held that“if a single suit gives rise to different first appeals, without there being any counter-claim or another consolidated suit, the decree drawn...
Maintain Courtroom Decorum: Allahabad HC Imposes ₹1 Lakh Cost On An Advocate For 'Wasting' Court's Time
The Allahabad High Court on Tuesday imposed a fine of ₹1 lakh on Advocate Mehmood Pracha for wasting the Court's precious time by filing a writ petition concerning the authentication, integrity, security, and verifiability of videography in the electoral process. The Court also took exception to his conduct of appearing in the (through Video Conferencing) wearing his coat and band and arguing the matter without informing the Court that he was appearing in person. The Court directed him...
Allahabad High Court Directs No Coercive Action To Be Taken Against Brother Of Man 'Lynched' Over Suspicion Of Dacoity
The Allahabad High Court on Monday directed that no coercive steps be taken against a man (Mohd. Zaki) whose brother (Mohammad Fareed) was allegedly lynched by a mob in Aligarh last month on suspicion of committing dacoity. Mohammed Farid, alias Aurangzeb, was allegedly assaulted with iron rods over suspicion of committing theft at the house of a cloth trader. Eleven days after his death, the UP Police booked him, his brother (Mohd. Zaki) and six others had been booked by the UP...
PIL In Allahabad High Court Seeks CBI Probe Into LoP Rahul Gandhi's Citizenship
A Public Interest Litigation (PIL) plea has been moved before the Allahabad High Court to direct the Central Bureau of Investigation to register a Regular Case (RC) under the provisions of the Bharatiya Nyaya Sanhita against Congress leader and LoP in LokSabha Rahul Gandhi and conduct a detailed probe into his alleged British Citizenship. The PIL Plea also seeks to set aside Gandhi's election as an MP from the Rae Bareli Lok Sabha seat on the ground that he is not an Indian Citizen but...