Allahabad High Court
Fixing Maintenance For Wife At 25% Of Husband's Net Income Not Mandatory; Court May Grant More Or Less: Allahabad High Court
The Allahabad High Court has observed that the widely cited benchmark of awarding a wife 25% of a husband's net salary as maintenance is only a "broad guideline" and not mandatory. A bench of Justice Achal Sachdev clarified that courts have the discretion to award more or less, depending on the facts of each case. The Court also clarified that for the purpose of...
Long Continuous Consensual Relationship Not 'Rape': Allahabad High Court Discharges Man, Notes Financial Dispute Between Parties
The Allahabad High Court recently observed that a long, continuous physical relationship between consenting adults cannot be termed 'rape' when a promise to marry fails, especially when the underlying dispute is predominantly civil and financial in nature. Allowing two connected criminal appeals, a bench of Justice Santosh Rai discharged the accused (Saurabh Pal Singh) of all...
'Electrohomeopathy' Certificate Doesn't Entitle One To Practice Allopathy; Unqualified Treatment Is 'Quackery': Allahabad High Court
The Allahabad High Court has ruled that a person holding a certificate in 'electrohomeopathy' is not entitled to practice modern medicine (allopathy) as allowing such individuals to treat patients poses a grave risk to public health. Dismissing a writ petition filed by a clinic owner, a bench of Justice JJ Munir and Justice Indrajeet Shukla observed that a person who lacks...
Urban Land Ceiling Act | Landholder Can't Claim Protection To Retain Surplus Land If Possession Was Taken Before Repeal Act: Allahabad High Court
The Allahabad High Court has held that a landholder cannot claim the protection of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 to retain surplus land where possession had already been taken under the Urban Land (Ceiling and Regulation) Act, 1976 before the Repeal Act came into force. The Court also held that a writ petition challenging such ceiling proceedings, filed more than...
Victim Not A 'Sterling Witness', Her Family Was Present In House: Why Allahabad High Court Upheld Acquittal In 2014 Rape Case
The Allahabad High Court last week dismissed a state appeal challenging the acquittal of a man accused of rape as it observed that it was highly improbable for the crime to have been committed while the victim's children and other family members were present inside the house. The High Court also noted a material discrepancy in the statement of the victim with regard to the commission of...
Petrol Pump Dealership Can't Be Cancelled On Mere Suspicion Of Tampering With Fuel Dispensing Unit: Allahabad High Court
The Allahabad High Court has held that a petrol pump dealership cannot be terminated on mere suspicion of tampering with fuel dispensing unit.Justice Irshad Ali added that the dealership cannot be terminated unless it is established with evidence that the alleged irregularity was capable of manipulating fuel delivery to the consumers, and that such manipulation was attributable to the...
Interest On Wrongly Withheld Gratuity Should Be Recovered From Erring Officer's Salary: Allahabad High Court
The Allahabad High Court has directed that where an employee is found to have been entitled to gratuity that was wrongly withheld and paid only later along with interest, the interest component shall be recovered from the salary of the officer who wrongly rejected the claim. It further held that proceedings shall be initiated against the erring officer even after his retirement, where the...
UP Consolidation Of Holdings Act | Delay Caused By Statutory Ban On Land Transfers Doesn't Render Sale Deed Void: Allahabad High Court
The Allahabad High Court has held that a sale deed executed after the period fixed in a permission order granted under Section 5(1)(c)(ii) of the U.P. Consolidation of Holdings Act, 1953 cannot be treated as void where the delay in execution was caused by a statutory restriction on the transfer of agricultural land in force at the relevant time. The Court held that mutation could not be...
Issue Going To Root Of Adjudicating Authority's Jurisdiction Doesn't Automatically Warrant Local Investigation: Allahabad High Court
The Allahabad High Court has held that the appointment of a Commissioner for local investigation under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 cannot be claimed as a matter of right, and does not become mandatory merely because the question it is sought to prove goes to the root of the adjudicating authority's jurisdiction. The Court held that a commission...
LiveLaw Allahabad High Court Monthly Digest: June 2026
NOMINAL INDEX Neeraj And Another vs. State of U.P. and Another 2026 LiveLaw (AB) 305 North Central Zone Insurance Employees vs Union Of India And 5 Others 2026 LiveLaw (AB) 306 S.Vignesh Shishir vs. Union Of India Thru. Secy. Ministry Of Home Affairs New Delhi And 21 Others 2026 LiveLaw (AB) 307 State Of U.P. Thru. Addl. Chief Secy. Planning Deptt. Lko. vs Rashmi 2026...
Election Petition Filed After Vacation Not Time-Barred In Absence Of Notification Permitting Filing During Vacation: Allahabad High Court
The Allahabad High Court has held that an election petition challenging the election of a Corporator under the U.P. Municipal Corporation Act, 1959, filed on the reopening of the District Court after the summer vacation, is within limitation by virtue of Section 10 of the U.P. General Clauses Act, 1904, where the 30-day limitation period expired during the vacation. It further held that...