Allahabad High Court
Small Cause Court Should Return Plaint Where Bona Fide Title Dispute Can't Be Summarily Decided: Allahabad High Court
The Allahabad High Court has held that it is not mandatory for the Small Causes Court to return the plaint on title dispute but where substantial issues are found to be involved, then the plaint must be returned to be placed before the regular court of competent jurisdiction.Referring to Section 23 of the Provincial Small Cause Courts Act, 1887, Dr. Justice Yogendra Kumar Srivastava...
Allahabad High Court Grants Last Opportunity To UP Govt To Submit OBC Commission Report On Panchayat Reservation
On Thursday, a vacation bench of the Allahabad High Court granted last opportunity to Uttar Pradesh Government to submit the OBC Commission report on OBC reservations on the post of Gram Pradhan and Members of the Gram Panchayat. Petitioner approached the High Court against orders passed by the respondents under Section 12(3-A) of the Uttar Pradesh Panchayat Raj Act, 1947 which was held to be...
No Fundamental Right To Use Particular Road For Religious Rites: Allahabad High Court Rejects Plea For New Muharram Procession Route
The Allahabad High Court has observed that while Article 25 of the Constitution of India guarantees the Fundamental right to freedom of religion, it doesn't entitle a community to use a particular road for the performance of religious rites. [2026 LiveLaw (AB) 333] A bench of Justice JJ Munir and Justice Arun Kumar added that it is the civil and police administration that is responsible...
Belated POSH Complaints Can't Be Rejected At Threshold Without Considering Reasons For Delay: Allahabad High Court
The Allahabad High Court has reiterated that sexual harassment complaints under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 cannot be rejected at threshold due to delay, without specific consideration of reasons.While remitting the matter back to the internal complaints committee for fresh inquiry into the complaints against Associate...
Only Parliament Can Modify SC List: Allahabad High Court Rejects Plea To Treat Nishad, Kevat As Synonyms Of 'Majhwar' Caste
The Allahabad High Court on Monday rejected a petition seeking a direction to treat the communities of Nishad, Kashyap, Kewat, Mallah and Bind as synonyms or generic names of the caste Majhwar, which is already a notified Scheduled Caste in Uttar Pradesh. A Division Bench of Justice Alok Mathur and Justice Amitabh Kumar Rai clarified that neither State Governments nor courts have...
Law Doesn't Require Eyewitnesses To Sign Inquest Report; Testimony Unaffected If Their Names Absent From Police Papers: Allahabad High Court
The Allahabad High Court recently affirmed the life imprisonment of a man convicted of a brutal daylight murder in 1998, as it clarified that the testimony of a credible eyewitness cannot be discarded merely because they did not sign the inquest report and other police papers, including spot recovery memos. A bench of Justice Salil Kumar Rai and Justice Ajay Kumar-II added that there...
Allahabad HC Acquits Rape Accused Who Spent 9 Yrs In Jail; Cites Inconsistencies In 8 Y/O Victim's Testimony, No Medical Evidence
The Allahabad High Court recently acquitted a man who spent over 9 years in jail on the allegations of committing rape and offences under the POCSO Act against an 8-year-old girl. Considering the inconsistencies and improvements in the minor victim's testimony, the conduct of her father and the absence of corroborative medical evidence, a Bench of Justice Siddhartha Varma and Justice...
Ram Mandir Donation Row | Allahabad HC Refuses Urgent Hearing Of PILs Seeking Probe Into 'Misappropriation Of Funds'
The Allahabad High Court (Lucknow Bench) today refused out-of-turn hearing on two Public Interest Litigation (PIL) pleas seeking an investigation into the alleged misappropriation of donations and valuables at the Shri Ram Janmabhoomi Mandir in Ayodhya.A vacation bench of Justice Pankaj Bhatia and Justice Amitabh Kumar Rai orally remarked that there was no immediate urgency to hear the pleas...
Oral Statements U/S 200 & 202 CrPC Can't Cure Material Omissions In Protest Petition, Rendering Allegations Doubtful: Allahabad HC
In a significant order on the scope of inquiries by a Magistrate under Sections 200 and 202 CrPC, the Allahabad High Court has held that material facts omitted from the protest petition cannot ordinarily be supplied later through oral statements of the complainant and witnesses. The bench added that the introduction of such facts for the first time during the inquiry/examination by...
Conviction Can't Rest On 'Last Seen' Alone Without Complete Chain Of Circumstances: Allahabad HC Acquits Man In 1986 Murder Case
The Allahabad High Court recently acquitted a man (sole surviving appellant) sentenced to life imprisonment in connection with a 1986 murder case, as it observed that the theory of "last seen together" is a "very weak kind of evidence" and it alone cannot sustain a conviction. A bench of Justice Rajnish Kumar and Justice Babita Rani added that the courts must ensure that the...