Appeal Under UP Rent Act Not Maintainable Against Rejection Of Plea To Recall Ex-Parte Eviction Order: Allahabad High Court

The Allahabad High Court has held that an appeal under Section 22 of Uttar Pradesh Urban Buildings [Regulation of Letting, Rent and Eviction] Act, 1972 is not maintainable against an order rejecting an application for recall of an ex-parte release (eviction) order passed under Section 21(1)(a) of the Act. It held that such an order is referable to the procedural powers exercisable under...

'Should Not Remain On Paper Only': Allahabad High Court Directs State Committee To Act With Urgency On UP Monkey Menace

The Allahabad High Court last week directed a newly constituted 13-member High Powered Committee to act with urgency in addressing the severe monkey menace across Uttar Pradesh and take appropriate decisions A division bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra specifically asked the Committee to hold meetings at a regular interval and “not...

Member Of Joint Hindu Family Can Acquire Separate Property From Own Funds; Other Coparceners Can't Claim Interest: Allahabad High Court

The Allahabad High Court has held that the mere existence of a joint Hindu family does not raise presumption that a particular holding is a joint family property. It held that a member of a joint Hindu family can acquire and hold property exclusively in his own name. It held that other members cannot be granted co-tenancy rights over such a holding unless they prove that it was acquired from...

Sitting Judge Of Allahabad High Court Challenges Denial Of Tax Exemption On Statutory Allowances Under New Regime; CBDT Asked To Respond

A sitting Judge of the Allahabad High Court has challenged denial of tax exemption on statutory allowances as prescribed under Section 22D of the High Court Judges (Salaries & Conditions of Service) Act, 1954, under the new income tax regime. Section 22D of the High Court Judges (Salaries and Conditions of Service) Act, 1954, the sumptuary allowance (Section 22C) and the house rent...

MMDR Act | Mining Lessee Can't Claim Deemed Extension Without Complying With Terms Of Lease: Allahabad High Court

The Allahabad High Court has held that the benefit of deemed extension of a mining lease under Section 8A(6) of the Mines and Minerals (Development and Regulation) (Amendment) Act, 2015 is available to a lessee only where the application for renewal was a valid application and all the terms and conditions of the lease have been complied with. It held that a lessee who continued mining after...

Trial Court Need Not Defer S.125 CrPC Maintenance Order If S.340 CrPC Plea Is Filed After Judgment Is Reserved: Allahabad High Court

The Allahabad High Court has clarified that the Trial Courts are not obligated to defer pronouncement of judgment on a maintenance application filed under Section 125 CrPC merely because an application under Section 340 CrPC is filed after the judgment was reserved. A bench of Justice Lakshmi Kant Shukla observed that proceedings contemplated under Section 340 CrPC are independent...

LiveLaw Allahabad High Court Weekly Round-Up: July 13 to July 19, 2026

NOMINAL INDEX Netra Pal Singh v. State of U.P. and 2 Others 2026 LiveLaw (AB) 391 Asif Ansari v. Himanshu Sharma and another 2026 LiveLaw (AB) 392 Amarnath v. State Information Commission U.P. Lko. Thru. Chief Information Commissioner And Another 2026 LiveLaw (AB) 393 Ajeet Nigam v. Additional District Judge And 5 Others 2026 LiveLaw (AB) 394 Romil Jain v. Ashok Kumar...

Profession Infiltrated By Gangsters, Mafias: Allahabad High Court Bars Advocates Facing Heinous Offences From Practice, Shifts Their Trials

How can a person facing criminal charges be permitted to espouse the cause of another accused in a court of law, in the capacity of an Officer of the Court, while enjoying the rights and privileges conferred under the Advocates Act, 1961? : High Court raised the question.

Ex-Parte Administrative Order Can't Undo Mutation Carried Out Pursuant To Competent Court's Decree: Allahabad High Court

The Allahabad High Court has held that an order recording a mutation (Parwana Amaldaramad) which gives effect to a decree of a competent court that has attained finality, cannot be recalled by an administrative order. While dealing with a case where the order of mutation was set aside ex-parte after lapse of 24 years, without issuing notices to the party, Justice Prakash Padia...

Govt Servant Can't Challenge Denial Of Salary For Period Of Unauthorised Absence Regularised To Enable Voluntary Retirement: Allahabad High Court

The Allahabad High Court has deprecated the conduct of a government servant who secured voluntary retirement, by the regularization of his unauthorized absence from duty through a sanction of leave without pay, but still challenged the denial of salary for the period of absence. The bench of Justice Alok Mathur and Justice Amitabh Kumar Rai held,“The conduct of the petitioner amounts...

S.47 CPC | Executing Court Can Correct Clerical Misdescription Of Suit Property In Decree: Allahabad High Court

The Allahabad High Court has held that an executing court can correct a clerical or typographical misdescription of the suit property in a decree in exercise of its powers under Section 47 of the Code of Civil Procedure. It held that such correction is not confined to the court which passed the decree. Justice Manish Kumar Nigam held, “Where the terms of the decree are clear and...

Challenge To Sessions Judge's Transfer Order Lies Under Section 482 CrPC, Not Section 407: Allahabad High Court

The Allahabad High Court has held that where a Sessions Judge allows an application to transfer a criminal case under Section 408 CrPC, the person aggrieved by that order cannot challenge it by filing a fresh transfer application under Section 407 CrPC. It held that order allowing transfer can only be challenged before the High Court under Section 482 CrPC.For context, Section 408 CrPC...