Allahabad High Court
Maintenance Cases Require Expeditious Disposal As 'Sufferer' Is A Lady In Most Cases; Courts Must Be Sensitive: Allahabad HC
The Allahabad High Court recently stressed the need for the courts to act with greater sensitivity and urgency in deciding maintenance applications filed under Section 125 CrPC (or Section 144 Bharatiya Nagarik Suraksha Sanhita, 2023), observing that in most of such cases, the 'sufferer' is the wife. A bench of Justice Nalin Kumar Srivastava made these remarks while directing a...
UP Govt To Frame Statewide Guidelines Restraining Cops From Contacting Advocates In Sub-Judice Matters, Allahabad HC Told
The Uttar Pradesh Government on Tuesday informed the Allahabad High Court that it would be framing pan-state guidelines restraining the police personnel from visiting places under litigation without leave of the Court and from directly contacting advocates representing parties in sub-judice matters. The submission came during the hearing of a Public Interest Litigation (PIL)...
Order Declaring Marriage Null & Void Relates Back To Date Of Marriage, No Liability To Pay Maintenance Arises: Allahabad High Court
The Allahabad High Court has held that once an order declaring a marriage null and void has been passed under Section 11 of the Hindu Marriage Act, it dates back to the date of marriage. In such case, the husband is not liable to pay maintenance to the wife.In the case at hand, the parties got married in 2015 but due to differences and discord the wife lodged an FIR under Sections 498A, 406,...
'Cheating Devalues Merit, Erodes Trust In Education System': Allahabad HC Denies Bail To Alleged CTET Solver
Refusing to grant bail to a man accused of using a proxy (solver) to appear in his place in the Central Teacher Eligibility Test (CTET), the Allahabad High Court observed that when a solver appears in someone's place in any examination, it undermines the integrity of the educational system and has serious implications for society A bench of Justice Sanjay Kumar Singh also stressed...
Except In 'Grave' Cases, UP Judicial Officers Need District Judge's Assent To File FIRs In Personal Capacity, Allahabad HC Clarifies
The Allahabad High Court has clarified that Judicial Officers in Uttar Pradesh can register FIRs in their personal capacity only in cases of 'grave and severe' nature, such as murder, suicide, rape or other sexual offences, dowry death, and dacoity, without prior approval. In all other matters, they must first take the concerned District Judge into confidence and obtain their...
Allahabad High Court Orders Inquiry Against Officers Responsible For Flawed Compassionate Appointment
The Allahabad High Court recently denied relief to a petitioner dismissed from service on grounds that he obtained compassionate appointment without disclosing full facts, thereby vitiating the appointment with incurable defects. The Court also directed inquiry into the role of officials who were responsible for petitioner's appointment in the first instance.Holding petitioner's appointment...
Following 'Vivah Kendra' Episode, Allahabad High Court Registers Suo Motu PIL Over 'Unsavoury' Conduct Of Advocates
The Allahabad High Court last week registered a suo motu Public Interest Litigation (PIL) concerning the 'unsavoury' activities of certain advocates within the Lucknow District Court premises. The suo moto PIL was initiated following HC's earlier directions (of July 8) for the eviction of two lawyers who had allegedly converted their chamber into a makeshift 'Vivah...
2016 Forced Eviction Case | Allahabad HC Extends Stay On Passing Of Final Order In Trial Against Azam Khan Till July 28
The Allahabad High Court today extended the stay (until July 28) on the passing of a final order in the consolidated trial of the 2016 Forcible Eviction Case involving former UP Minister and MP Mohammad Azam Khan and others.The stay was extended by a bench of Justice Sameer Jain since the state government sought additional time to obtain instructions and submit relevant compilations.The...
'Gifts Given In Marriage Normally Not Taken As Dowry': Allahabad HC Grants Relief To Relatives In Alleged Conversion, Dowry Demand Case
Observing that gifts exchanged during marriage ceremonies are not normally taken as dowry, the Allahabad High Court stayed criminal proceedings against 3 persons booked under the Dowry Prohibition Act and the UP Prohibition of Unlawful Conversion of Religion Act. Noting that the matter may be an afterthought and as such, a detailed scrutiny is required, a bench of Justice Vikram D...
MACT Award Unpaid For 43 Yrs: Allahabad HC Raps DM Over 'Objectionable' Justification, Mulls ₹10 Lakh Costs On Officials
Last week, the Allahabad High Court came down heavily on the Sultanpur administration for its continued failure to execute a Recovery Certificate issued in 2011 for a Motor Accident Claim Tribunal (MACT) award passed around 43 years back, in August 1982. During the hearing of the case, a bench of Justice Rajan Roy and Justice Om Prakash Shukla took exception to the stand of the...
Allahabad High Court Stays Arrest Of Cricketer Yash Dayal In FIR Over Sexual Exploitation Allegations
The Allahabad High Court today stayed the arrest of Cricketer Yash Dayal, who plays for Royal Challengers Bengaluru (RCB), in connection with an FIR lodged against him for allegedly sexually exploiting a woman for 5 years.A bench of Justice Siddhartha Varma and Justice Anil Kumar-X granted him the relief till the next date of listing by orally observing thus:"you could have been fooled for 1...
Allahabad High Court Directs Sensitisation Of UPSRTC Officers Towards Rights Of Persons With Disabilities Under PwD Act
The Allahabad High Court has directed the Managing Director, Uttar Pradesh State Road Transport Corporation, to ensure that all officers are sensitised towards the rights of persons with disabilities guaranteed under the Rights of Persons with Disabilities Act, 2016.While dealing with a case of an employee who was denied any post after suffering from disability while working with the...