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...

High Court Questions Legality Of Swearing-In Of Affidavits Only At Allahabad, Lucknow; Questions Charges For Photo Identification

The Allahabad High Court has raised questions regarding the practice that affidavits for filing of writ petitions, appeals, revisions, etc. before the High Court must be sworn-in either at Allahabad or at Lucknow, depending upon the jurisdiction. The Court further questioned the charges levied for getting photo identification done at the photo affidavit centers at both places.Petitioner's...

Six Judicial Officers Sworn-In As Judges Of Allahabad High Court

Six judicial officers were sworn in as judges of the Allahabad High Court on Friday (April 18). The oath was administered to the newly sworn in judges by Chief Justice Arun BhansaliOn April 16, Central Government notified the appointment of Jitendra Kumar Sinha, Anil Kumar-X, Sandeep Jain, Avnish Saxena, Madan Pal Singh, and Harvir Singh as Judges of the High Court. The Supreme Court...

Allahabad HC Frames Contempt Charges Against Advocate Ashok Pandey Over Communal Allegations Against Sitting Judge

Last week, the Allahabad High Court framed criminal contempt charges against Lucknow-based Advocate Ashok Pandey for filing a petition in 2016, making 'baseless' and 'communal' allegations against a sitting judge. Charging him for 'misusing' the judicial process for 'publicity', and thereby 'scandalising' the Court and 'undermining' its dignity and authority, a bench of...

Burden Of Court Increasing Over Violations Of Natural Justice: Allahabad HC Imposes 20K Cost On GST Official For Not Following Mandatory Provision

The Allahabad High Court has imposed a cost of Rs. 20,000 on Joint Commissioner SGST, Corporate Circle-1, Ghaziabad who had issued a show cause notice without specifying the date and time for personal hearing and had passed an order under Section 74 of the Goods and Services Tax Act, 2017 creating a demand of more than Rs. 5 crore ignoring the specific request for personal hearing made by...

Marriages Solemnised At Arya Samaj Temples With Vedic Or Other Hindu Rites Valid Under Hindu Marriage Act : Allahabad HC

In a significant observation, the Allahabad High Court has held that even the marriages between two Hindus (a Male and Female) performed in Arya Samaj Temples are valid under Section 7 of the Hindu Marriage Act, 1955, if they are solemnised in accordance with Vedic or other relevant Hindu rites and ceremonies and that the marriage venue, be it a temple, house, or open space, is...

Centre Notifies Appointment Of 6 Judicial Officers As Allahabad High Court Judges

The Central Government today notified the appointment of the following Judicial Officers as Judges of the Allahabad High Court. They are:1. Jitendra Kumar Sinha,2. Anil Kumar-X,3. Sandeep Jain,4. Avnish Saxena,5. Madan Pal Singh, and6. Harvir Singh.The SC collegium had recommended the names of 8 Judicial Officers for appointment as Judges of the HC earlier this month. Barring two names,...

[Arbitration Act] No Automatic Stay On Award Upon Filing Of Appeal U/S 34 Within Time: Allahabad High Court Reiterates

Following the judgment of the Supreme Court in Board of Control for Cricket in India Vs. Kochi Cricket Pvt. Ltd. and others and Hindustan Construction Company Limited and others Vs. Union of India and others, the Allahabad High Court has reiterated that automatic stay on the operation of arbitral award is not granted merely by filing appeal under Section 34 of the Arbitration and...

'Learn To Face Society': Allahabad HC Says Runaway Couples Can't Claim Police Protection As A Right Sans Real Threat To Life

The Allahabad High Court earlier this month observed that couples who marry of their own will against the wishes of their parents cannot claim police protection as a matter of right, unless there is a real threat perception to their life and liberty. A bench of Justice Saurabh Srivastava noted that while in a deserving case the Court can provide security to a couple, in the absence of...