Allahabad High Court
Limitation To Redeem Usufructuary Mortgage Runs From Payment Of Mortgage Money, Not Date Of Mortgage Deed: Allahabad High Court
The Allahabad High Court has held that limitation for a suit to redeem usufructuary mortgage or recover possession begins to run only when the mortgagor pays or tenders the mortgage money and not from the date on which the mortgage deed is executed.A usufructuary mortgage is one where the mortgagor hands over possession to the mortgagee, who keeps the rents and profits in lieu of interest...
Compassionate Appointee Can't Be Removed For Alleged Suppression Of Facts Already Known To Authorities: Allahabad High Court
The Allahabad High Court has held that a person appointed on compassionate grounds following his mother's death cannot be removed from service on allegations that he concealed his father's government employment, when the authorities were aware of that fact at the time of appointment and had granted him the job after verifying his documents.The Court held that petitioner's termination in...
Absconding To Evade Arrest In Dowry Case: Allahabad High Court Rejects Mother's Habeas Corpus Plea Claiming Son Detained By Wife
The Allahabad High Court has dismissed a habeas corpus writ petition filed by a mother seeking the production of her 35-year-old son after noting that the man is instead absconding to evade arrest in a dowry and harassment case. “The investigation against accused persons have been concluded and a charge sheet has been submitted against the petitioner Omwati and corpus...
ED Free To Act If Illegality Found During Probe Into Disproportionate Assets Complaint Against Rahul Gandhi: Allahabad High Court
The Allahabad High Court on Monday observed that the Enforcement Directorate (ED) is not helpless and may proceed strictly in accordance with the law if its probe into a complaint alleging 'disproportionate assets' against Leader of Opposition Rahul Gandhi reveals any "misdeed or illegal act".Simultaneously, observing that the affidavit filed by the Central Bureau of Investigation (CBI)...
Allahabad High Court Holds Urgent 7 PM Hearing Over Assault On Women Lawyers At Lucknow Court; Orders Security
Taking serious note of allegations that 3 Delhi-based advocates, including 2 women lawyers, were assaulted and prevented from appearing before a court at the Lucknow District Court, the Allahabad High Court on Tuesday convened a special Bench at 7 PM. The development came just hours after a practising Supreme Court advocate alleged before the Chief Justice of India's Court that she and...
Allahabad High Court Cancels Interim Bail Of Advocate Accused Of Sexually Harassing, Stalking Woman Lawyer
The Allahabad High Court on Monday cancelled the interim bail of an advocate accused of harassing and stalking a lady colleague while observing that his acts of writing directly to the judge's chamber and showing up in open court in violation of his explicit undertaking were "contemptuous and wholly unprofessional". Cancelling his bail and ordering that he be taken into...
No Purpose In Sending 92-Year-Old Man To Jail: Allahabad High Court Modifies Sentence In 1982 Criminal Assault Case
The Allahabad High Court on Monday upheld the conviction of a 92-year-old man in connection with a 1982 assault case; however, it modified his sentence to the period already undergone in jail, considering that no useful purpose would be served by sending him to prison now. A bench of Justice Sanjiv Kumar thus partly allowed the criminal appeal filed by the appellant (Chhotey Lal) in...
'Satiating Bloodlust' Of Society: Allahabad High Court's Justice Atul Sreedharan Slams 'Bulldozer Actions' To Punish Accused
Making strong observations regarding the UP Government's recent "bulldozer actions", Justice Atul Sreedharan of the Allahabad High Court on Monday said that the State is demolishing the houses of persons accused of an offence "to satiate the perceived blood lust of a society fed on a staple diet of bulldozer justice"."The State is certain that the society suffers from...
All Legal Heirs Of Deceased Tenant Need Not Be Impleaded In Eviction Proceedings; One Co-Tenant Can Represent Entire Tenancy: Allahabad High Court
The Allahabad High Court has held that impleadment of every legal heir of a deceased tenant is not mandatory in eviction proceedings. It held that the tenancy of a deceased tenant devolves upon the heirs as a joint and indivisible unit, and effective representation of the tenancy by one co-tenant in possession suffices. It held that non-joinder of the remaining heirs not being fatal to...
Split Verdict On 'Bulldozer Justice': Allahabad High Court Judges Differ On 2-Year Ban On Razing Houses Of Accused Post-FIR
In a significant development concerning the demolition action across the state, a division bench of the Allahabad High Court today delivered a split verdict on whether the State can be barred from taking any action to demolish the house of an accused for a period of two years from the date of registration of an FIR. While Justice Atul Sreedharan observed that a 2-year hiatus must be put...
Police Negligence Delays Bail Hearing, Leaves Man In Jail For 15 Extra Days: Allahabad High Court Imposes ₹1 Lakh Cost On UP Govt
The Allahabad High Court last week imposed a cost of Rs 1,00,000 on the Uttar Pradesh government for negligence on the part of certain police officials, which delayed the disposal of a bail application and left a man in jail for an extra 15 days. A bench of Justice Arun Kumar Singh Deshwal directed that the amount so imposed be paid to the bail applicant. However, the State Government...