Allahabad High Court
'His Right To Earn Livelihood Can't Be Curtailed': Allahabad HC Suspends Conviction, LI Of Govt Servant In Minor Daughter Rape Case
The Allahabad High Court recently suspended the conviction and sentence of a government servant (Lekhpal) accused of sexually assaulting his 16-year-old daughter, observing that his right to earn his livelihood for survival cannot be curtailed merely because of his implication in the case. A bench of Justice Siddharth and Justice Prashant Mishra-I also noted that the appeal is of...
Allahabad High Court Grants ₹1 Lakh Cost To Woman Illegally Dispossessed Of Her Property; Calls For Disciplinary Action Against Civil Judge
The Allahabad High Court on Monday granted Rs. 1 lakh cost to a lady and her three minor children who were illegally dispossessed of their property. In addition to directing restoration of possession, the Court directed that the order be placed before the Chief Justice for appropriate action against the Civil Judge (Junior Division) who granted an ex-parte ad-interim injunction in favour of...
Allahabad High Court Has No Ordinary Original Civil Jurisdiction, Cannot Extend Arbitrator's Mandate U/S 29A A&C Act
The Allahabad High Court has held that it lacks jurisdiction to extend the mandate of an arbitrator under Section 29A of the Arbitration and Conciliation Act, 1996, on the ground that it does not exercise ordinary original civil jurisdiction and therefore does not fall within the definition of “Court” under Section 2(1)(e)(i) of the Act. Consequently, the High Court ruled that it...
HC Is Proper Forum To Enforce Domestic Award From International Commercial Arbitration Seated In India: Allahabad High Court
The Allahabad High Court, clarifying the forum for execution of arbitral awards, has recently ruled that a domestic arbitral award rendered out of an international commercial arbitration with its seat in India, is enforceable by the High Court itself under Section 36 of the Arbitration and Conciliation Act. A Division Bench of Justices Rajan Roy and Rajeev Bharti, on December 16th, 2025,...
UP Zamindari Abolition & Land Reforms Act Can't Be Applied To Determine Market Value Under Stamp Act: Allahabad High Court
The Allahabad High Court has held that the U.P. Zamindari Abolition and Land Reforms Act, 1950 cannot form the basis of determination of market value under the Indian Stamp Act, 1899. Justice Syed Qamar Hasan Rizvi held,“There is no doubt that the provisions of U.P. Zamindari Abolition and Land Reforms Act, 1950 encompasses different object and cannot be applied for the purpose of...
Inclusion In Waiting List Doesn't Create Indefeasible Right To Appointment: Allahabad High Court
The Allahabad High Court has recently reiterated that a wait list candidate has no absolute right for being considered for appointment and wait list cannot be for an indefinite period. Justice Saurabh Shyam Shamshery held,“It is well settled that a person in waiting list has no absolute right for consideration to get appointed as well as that a waiting list cannot remain in existence...
Experience Gained As Part-Time Instructor Can't Be Counted Towards Eligibility For Headmaster Post: Allahabad High Court
The Allahabad High Court has recently held that experience gained as part-time instructor is not equal to regular teacher's experience and such part-time service will not make candidate eligible for appointment to the post of Headmaster unless specifically provided in law.Justice Manju Rani Chauhan held,“if the recruitment rules specifically require teaching experience as an Assistant...
3 Aadhaar Cards Illegally Used To Withdraw Ration Of 697 Cardholders: Allahabad High Court Denies Relief On Cancellation Of Fair Price Shop
Last month, the Allahabad High Court denied relief to a fair price shop license holder who was using 3 , to illegal withdraw ration of 697 ration cardholders as the petitioner could not demonstrate that ration was actually being distributed to 697 ration cardholders.While upholding the cancellation of petitioner's fair price shop license, Justice Arun Kumar held“it is evident that use of...
Mere Incarceration In Criminal Case Without Conviction Can't Be Ground To Remove CISF Personnel From Service: Allahabad High Court
A division bench of the Allahabad High Court recently upheld the Single Judge order quashing termination order of a CISF Head Constable who was accused of murder and was incarcerated for a small period on grounds that disciplinary proceedings could not be initiated merely on grounds of his incarceration.The bench of Justice Rajan Roy and Justice Rajeev Bharti held,“we are of the opinion...
Absence Of Written Tenancy Agreement Or Not Furnishing Particulars Of Tenancy Don't Bar Rent Authority Jurisdiction: Allahabad High Court
The Allahabad High Court has held that under the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, the rent authority has the jurisdiction to entertain landlord's application for eviction of tenant where no tenancy agreement has been executed and the landlord has also failed to furnish the particulars of tenancy.Referring to various provisions of the Uttar Pradesh Regulation of...
Appointment Of Candidate Who Deliberately Enters Higher Marks In Form To Gain Undue Advantage Is Fundamentally Illegal: Allahabad High Court
The Allahabad High Court has held that appointment of a candidate who deliberately enters higher marks in application form for recruitment, to gain undue advantage in selection process is fundamentally illegal. It held that such candidate cannot seek the benefit of estoppel as the appointment is tainted from the beginning.Justice Manju Rani Chauhan held, “where a candidate deliberately...