Allahabad High Court
Denial Of Maintenance Forcing Wife Into Destitution Violates Her Right To Live With Dignity Under Article 21: Allahabad High Court
The Allahabad High Court last week observed that denial of maintenance, forcing the wife into destitution, violates the constitutional guarantee under Article 21, which includes the right to live with dignity.The Court added that the maintenance ensures that the wife is not compelled to lead a life of destitution for such deprivation would offend the dignity guaranteed under Article 21. A...
Allahabad High Court Imposes ₹1 Lakh Costs On Couple For Securing Interim Protection By Concealing Man's Existing Marriage
The Allahabad High Court (Lucknow Bench) last week imposed ₹1 lakh costs on a couple after finding that they had concealed the fact that the man was already married to secure interim protection from police harassment and coercive action.Dismissing their petition, a bench of Justice Rajnish Kumar and Justice Babita Rani noted that the couple had moved the Court with a false affidavit and...
Allahabad High Court Orders ₹25 Lakh Compensation For 2 Sisters Illegally Confined By Father After Conversion To Islam
The Allahabad High Court last week ordered the father of two adult sisters and the Uttar Pradesh Government to jointly pay ₹25 lakh compensation after holding that the women were illegally confined at their parental home following their decision to convert from Hinduism to Islam.A bench of Justice Sandeep Jain passed the order while allowing a habeas corpus petition concerning Diya Bhatia...
Property Purchaser Can't Seek Enforcement Of Sale Deed After Failing To Deposit Balance Amount For 20 Years: Allahabad High Court
The Allahabad High Court has held that a property purchaser cannot seek enforcement of a sale deed after failing to deposit the balance sale consideration for 20 years. In doing so the court quashed an order granting time to a purchaser, whose suit for specific performance was decreed, to deposit the balance sale amount after noting that he waited for 20 years to move the plea for extension...
Adverse Entry For Specific Period Won't Bar Selection Grade Based On Subsequent Unblemished Service: Allahabad High Court
The Allahabad High Court has held that where an adverse entry against a government servant is confined to a specified period, the service he renders after that period counts towards the ten years of satisfactory service required for grant of selection grade. It further held that a selection grade falling due on the day immediately after superannuation remains admissible to him.The bench...
UP Govt Can't Cancel Teacher's Appointment After 29 Years Over Lack Of Qualification In Absence Of Fraud: Allahabad High Court
Allowing the appeal of a teacher whose qualification was questioned after 29 years of continuous service, the Allahabad High Court has held that the power to cancel an appointment under Section 16-E(10) of the Intermediate Education Act cannot be exercised at a belated stage. The Court held that it was bound by the full bench decision of the High Court in Dr. Asha Saxena vs. Smt. S. K....
Child Adopted By Widow Can Inherit Her Deceased Husband's Property: Allahabad High Court
The Allahabad High Court has reiterated that a son adopted by a widow after the death of her husband is to be treated as the adopted son of the deceased husband as well, and inherits the husband's share.Following High Court's earlier judgment in Subhash Misir U/G of Sri Janardan Tewari Vs. Thagai Misir, Justice Chandra Kumar Rai held,“This Court in the case reported in 1966 RD 255 Subhash...
Caste Certificate | Rejection Put Up On Department Website Recording Only 'Lack Of Evidence' Is Not A 'Speaking Order': Allahabad High Court
The Allahabad High Court has held that the display of a rejection letter on the official website of the department, recording nothing beyond lack of evidence, is not a 'speaking order' and cannot sustain the rejection of an application for a caste certificate. It added that an order which is not communicated to the person concerned does not become effective.Further, it held that the duty...
Plea Of Res Judicata Need Not Be Decided At Threshold In Small Causes Suits: Allahabad High Court
The Allahabad High Court has held that a defendant in a suit before a Court of Small Causes cannot insist, as a matter of right, that his plea of res judicata be decided at the threshold. It held that whether such a plea is taken up first depends on the nature of the enquiry it calls for, and where it turns on disputed facts, it must be decided along with the rest of the suit.Section 11 of...
RBI Staff Regulations | Personal Dispute Can't Be Treated As Service Misconduct Without Nexus To Employment: Allahabad High Court
The Allahabad High Court has held that an act of an employee arising out of a purely personal dispute cannot be treated as misconduct under Regulations 32, 34 and 47(1) of the Reserve Bank of India (Staff) Regulations, 1948 unless it has a nexus with the employment or affects the discipline, functioning or reputation of the employer.Regulation 32 of the Reserve Bank of India (Staff)...
AIBE | Allahabad High Court Directs UP Bar Council To Issue Enrollment Numbers To Advocates Within 4 Weeks Of Result
The Allahabad High Court has directed the Bar Council of Uttar Pradesh to issue enrollment numbers to advocates who qualify the All India Bar Examination (AIBE) within four weeks of receiving their result cards, observing that their “precious time may not be wasted”.A bench of Justice Arun Kumar Singh Deshwal also directed the Director General of Police, UP, to issue necessary directions...