Allahabad High Court
Period Of Limitation For Execution Of Partition Decrees Is Independent Of Engrossment: Allahabad High Court
The Allahabad High Court has held that the period of limitation for execution of a partition decree is independent of it's engrossment. It also held that stamp duty on engrossment of the partition decree is different and operates in a different field from court fees payable on execution or appellate proceedings. “As to when would such right to apply for engrossment of a final decree on...
Order Asking Alleged Contemnor To Explain Why Charges Shouldn't Be Framed Not Appealable Under Contempt Act: Allahabad High Court
The Allahabad High Court has held that an appeal under Section 19(1)(a) of the Contempt of Courts Act, 1971 is not maintainable against an order merely directing an alleged contemnor to appear and explain why contempt charges should not be framed. The Court, however, clarified that the aggrieved party is not left remediless and may avail the remedy of a Letters Patent Appeal.A contempt...
Educated Wife Not Earning Sufficient Income Entitled To Maintenance; Parents' Property Or Pension Does Not Count: Allahabad High Court
The Allahabad High Court has observed that the mere fact that a wife is educated cannot disentitle her from claiming maintenance under Section 125 CrPC when there is no evidence that she is actually earning sufficient income. A bench of Justice Garima Prashad further observed that the pension or properties of the wife's parents cannot be treated as the independent income of the wife...
LiveLaw Allahabad High Court Weekly Round-Up: June 22 - June 28, 2026
NOMINAL INDEX Kuntesh vs State of UP 2026 LiveLaw (AB) 328 Lila and another vs State of U.P 2026 LiveLaw (AB) 329 Chandra Shekhar Nishad vs Union of India Through Cabinet Secy.Central Sectt.New Delhi 2026 LiveLaw (AB) 330 M/S Shri Rk Cold Storage And General Mils And 3 Others vs State of UP and 4 others 2026 LiveLaw (AB) 331 Dr. Tapas Kumar Das v. Harish Chandra...
Sunday 6 AM Hearing: Allahabad High Court Provisionally Allows Candidate To Write APO Mains Exam After Technical Rejection By UPPSC
In a special sitting on Sunday (June 28) at 6:00 AM, the Allahabad High Court (Lucknow Bench) passed an interim order provisionally permitting a candidate to appear in the Assistant Prosecution Officer (APO) 2025 Mains Examination scheduled just 3 hours later, at 9:00 A.M. The matter was taken up at the residence of Justice Amitabh Kumar Rai, pursuant to an administrative order passed...
Parents Supporting Wife During Distress Doesn't Absolve Husband Of Duty To Pay Maintenance: Allahabad High Court
The Allahabad High Court has observed that a wife cannot be denied maintenance from her husband under Section 125 CrPC merely because her parents support her financially during times of distress. A bench of Justice Garima Prashad added that the income of the wife's parents cannot be treated as the income of the wife, and parental assistance is not a substitute for the legal obligation...
Welfare Scheme House Allotment To Wife Doesn't Disentitle Her From Claiming Maintenance U/S 125 CrPC: Allahabad High Court
The Allahabad High Court has recently observed that allotment of a residential house to a woman under a welfare scheme cannot be treated as a source of livelihood, disentitling her from claiming maintenance from her husband under Section 125 CrPC. A bench of Justice Garima Prashad also added that a husband cannot avoid his statutory obligation to maintain his wife merely by asserting that...
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...