Allahabad High Court
'Minor Children In Abandoned Condition': Allahabad HC Grants Bail To Woman Accused Of Killing Husband In Conspiracy With Lover
The Allahabad High Court recently granted bail to a woman accused of killing her husband in collusion with her mother and alleged lover, with whom she is said to have had an illicit relationship. A bench of Justice Rajesh Singh Chauhan granted bail to the accused (Khushbu Devi) by extending the benefit of Section 480 BNSS, noting that her husband has died and she is in jail, and there...
Supreme Court Asks Allahabad HC To Prioritise Disposal Of Matters Where Trial Is Stayed, Especially Landlord-Tenant Disputes
The Supreme Court recently urged the Allahabad High Court to prioritise the disposal of appeals/revisions/original petitions, where the trial has been stayed, particularly of landlord-tenant disputes.The Court asked the High Court to give out of turn hearing to such matters where the trial has been stayed.A bench of Justice BV Nagarathna and Justice KV Viswanathan passed the direction...
Parties Agreeing To Mutual Divorce After Living Separately For More Than A Year Doesn't Negate Separation: Allahabad High Court
The Allahabad High Court has held that just because the parties agreed for mutual divorce after more than 1 year of separation period, the Court cannot neglect the separation period prior to the agreement for divorce. It held that the period of separation prior to the meeting of minds will be considered under sub-section (1) in section 13-B of the Hindu Marriage Act, 1955.Section 13-B of...
Compassionate Appointment On Teacher Post Compromises Quality Of Education, Violating Article 21A: Allahabad High Court Strikes Down GOs
While holding that compassionate appointment of teachers compromises quality of education thereby violating fundamental right to education under Article 21-A of the Constitution of India, the Allahabad High Court declared Government Orders dated 04.09.2000 and 15.02.2013 ultra vires Articles 14, 16 and 21-A of the Constitution of India insofar as they relate to appointment on the posts...
Allahabad HC Castigates Bank Of Baroda Over 'Illegal' Return Of Auctioned Property To Defaulting Borrower, Orders Heavy Compensation
The Allahabad High Court recently reprimanded the Bank of Baroda for what it termed an "arbitrary, whimsical, and capricious" action in returning an auctioned property to the defaulting borrower (the original borrower), despite having completed the auction process and accepted the earnest money from the successful bidder (the auction purchaser). Observing that the bank's conduct...
'DOB Being Manipulated To Seek Juvenile Status': Allahabad HC Calls For Strict Age Verification In Criminal Cases As Per S. 94 JJ Act
In an order passed earlier this month, the Allahabad High Court raised serious concerns over the growing trend of litigants manipulating their date of birth in criminal proceedings to obtain 'favourable' legal outcomes, such as being declared a juvenile. In a strongly worded order, the Court also criticised the laxity of law enforcement agencies in conducting proper age verification...
Allahabad High Court Grants UOI 10 More Days To Decide On Representation To Cancel LoP Rahul Gandhi's Citizenship
Today, the Allahabad High Court granted 10 more days to the Union of India to decide on a representation filed before it, seeking the cancellation of the citizenship of Congress leader and LOP in Lok Sabha, Rahul Gandhi. A bench of Justice Attau Rehman Masoodi and Justice Ajai Kumar Srivastava-I is presently dealing with a Public Interest Litigation (PIL) plea filed by a BJP Member...
Merely Liking A Social Media Post Doesn't Amount To Publishing Or Transmitting It: Allahabad High Court
The Allahabad High Court has ruled that liking a post doesn't amount to publishing or transmitting it and would not be an offence under Section 67 of the Information Technology Act [Punishment for publishing or transmitting obscene material in electronic form]. A bench of Justice Saurabh Srivastava observed that a post or message can be said to be 'published' when it is posted, and...
Restricting Tender Participation To NCR-Based Pellet Manufacturers To Curb Stubble Burning, Pollution Not Arbitrary: Allahabad HC
On Friday, the Allahabad High Court observed that the condition restricting tender participation to pellet manufacturers in and around the National Capital Region (NCR) aims to reduce stubble burning by farmers, which is a major cause of air pollution in the area. The Court held that this tender condition is neither 'arbitrary' nor 'discriminatory', but framed in the larger public interest....
Allahabad HC Allows RMLNLU Students Rusticated Over 'Misbehaviour' At Fresher's Party To Take Semester Exams
Granting relief to three students of Dr. Ram Manohar Lohiya National Law University, Lucknow (RMLNLU), rusticated/expelled earlier this month over their alleged act of misbehaviour with teachers during a fresher's party, the Allahabad High Court on Thursday allowed them to appear in their forthcoming semester examinations. A bench of Justice Jaspreet Singh observed that a prima facie...
UP Revenue Code | Co-Bhumidhar Can Seek Land Use Change For Own Share Only After Legal Division Of Joint Holding: Allahabad HC
The Allahabad High Court has recently observed that a non-agricultural land use declaration under Section 80(1) or 80(2) of the Uttar Pradesh Revenue Code, 2006, does not imply that the land has been partitioned among co-bhumidhars. Interpreting Section 80 (4) of the Code, a bench of Justice Dr. Yogendra Kumar Srivastava and Justice Shekhar B. Saraf clarified that if one of...
S.12 DV Act | Mother-In-Law Harassed Or Tortured By Daughter-In-Law Can File Complaint To Magistrate For Relief: Allahabad High Court
Recently, the Allahabad High Court has held that a mother-in-law can file a case against her daughter-in-law or any other person, as being harassed or tortured would bring her under the purview of aggrieved person under the Protection of Women from Domestic Violence (DV) Act. Justice Alok Mathur in his order held:“In case, mother-in-law is harassed or physically or mentally tortured...