Allahabad High Court
'Claim For Interim Injunction Arose After 27 Yrs': Allahabad High Court Denies Appeal U/S 37 Of A&C Act, Cites Inordinate Delay
The Allahabad High Court has recently dismissed an appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 filed by M/s Law Publishers and a partner of the firm against the rejection of the application under Section 9 of the Act by the Commercial Court on grounds that the appellant had approached the Court after 27 years.The bench of Chief Justice Arun Bhansali and...
Allahabad High Court Weekly Round-Up : July 21 To July 27, 2025
NOMINAL INDEX Ashok Kumar Maurya v. The State Of U.P. And 25 Others 2025 LiveLaw (AB) 258 Prabhat Mishra v. State Of U.P. Thru. Secy. Higher Education Govt. U.P. Lko. And 2 Others 2025 LiveLaw (AB) 259 State of U.P. through its Additional Chief Secretary, Department of Basic Education, Government of U.P., Lucknow and others v. Jai Singh and others 2025 LiveLaw (AB)...
'Nothing To Show His Involvement In Incident': Allahabad High Court Grants Bail To Shahi Jama Masjid Head In Sambhal Violence Case
The Allahabad High Court last week granted bail to Zafar Ali, the Chairman of Shahi Jama Masjid Committee (in Sambhal), in connection with the violence that took place on November 24 last year during the court-ordered survey of the mosque to determine whether a temple existed at the premises. A bench of Justice Sameer Jain noted that from the perusal of the material collected...
Venue Is Construed As Seat In Absence Of Contrary Indicia, If Arbitration Agreement Only Mentions 'Venue': Allahabad HC
The Allahabad High Court has held that when only one place is mentioned in the arbitration agreement and is termed as “venue”, the same is to be treated as the “seat” also, unless something contrary is mentioned in the agreement.“If the arbitration agreement mentions only one place and even if it is termed as the 'venue', then unless there is a contrary indicia the 'venue' is...
Departmental Appeal Not Automatically Abated Upon Death Of Employee, Denial Of Post Terminal Benefits Has Consequences On Heirs: Allahabad HC
The Allahabad High Court has held that departmental appeal is not automatically abated upon death of the employee as the order in such proceedings has serious civil consequences and affects the post terminal benefits on the legal heirs of the deceased employee.Noting that the employer-employee relationship ends with the retirement/ death of the employee, Justice Ajit Kumar held,“In...
Allahabad High Court Refuses To Restore Lease Of 'Consistent Defaulter', Says Relief Will Set Negative Precedent For Future Allottees
While holding that equity under writ jurisdiction cannot be given in favour of those who consistently default in their obligations, the Allahabad High Court held that restoration of leases where multiple long-term defaults have been made sets a negative precedence for future allottees in terms of payment schedules and other obligations.The bench of Justice Mahesh Chandra Tripathi and...
'No Signs Of Deceased Saving Herself': Allahabad High Court Rejects Cooking Fire Theory, Upholds Husband's Conviction In Dowry Death Case
Rejecting the claim of the accused that the deceased woman had accidentally caught fire while cooking, the Allahabad High Court last week upheld the conviction of a man in a 1991 dowry death case. A Bench of Justice Rajnish Kumar upheld the trial court's judgment wherein the accused was convicted under Sections 304-B and 498-A IPC and sentenced to 10 years of rigorous imprisonment...
'No Moral Turpitude Involved': Allahabad High Court Quashes Removal Of Gram Pradhan Over Cow Slaughter Allegations
The Allahabad High Court last week quashed the Uttar Pradesh Government's order removing a 'Gram Pradhan' accused in a cow slaughter case as it noted that mere accusation, especially under a regulatory provision, cannot justify such an 'extreme punishment' without substantial material reflecting moral turpitude or abuse of office. With this, a bench of Justice Pankaj Bhatia allowed...
'How Fake Arya Samaj Societies Flourishing In UP?': Allahabad High Court Directs Probe Into 'Illegal' Marriages Against Anti-Conversion Law
The Allahabad High Court last week directed the Secretary, UP Govt (Home) to get an investigation conducted into the functioning of Arya Samaj societies allegedly solemnizing 'illegal' marriages across the state, including those involving minor girls, without verifying age or adhering to the state's anti-conversion law. A bench of Justice Prashant Kumar directed for a probe by an...
Teacher/Headmaster Of A Basic Institution Not An Employee U/S 2(e) Of Gratuity Act, Not Entitled To Any Benefits: Allahabad HC
Recently, the Allahabad High Court held that a teacher/ headmaster of school under the Board of Basic Education is not an employee of the State Government under Section 2(e) of the Gratuity Act, 1972 and is not entitled to benefits therein.Holding that a headmaster or assistant teacher appointed in an educational institution under the Board of Basic Education is under the State Government,...
Ballia SP Expresses Regret, Takes Corrective Measures; Allahabad HC Closes Chapter On Police Treating Court's Order As FIR
Bringing closure to the controversy surrounding the registration of the written First Information by copying a High Court order verbatim, the Allahabad High Court on July 14 noted sufficient compliance with its earlier directions and decided to rest this part of the matter. For context, the case concerned alleged manipulation in the appointment of a school employee and the...
'Advocates Should Assist, Not Disrupt Court': Allahabad High Court Pulls Up Lawyer For Causing Ruckus After Bail Denied To Client
The Allahabad High Court earlier this week strongly censured the conduct of an advocate who caused a ruckus in the courtroom and disrupted proceedings after his client's second bail plea was rejected. A bench of Justice Krishan Pahal stressed the dual responsibilities of Advocates in a Court of Law: maintaining a respectful and conducive environment in the courtroom...