Allahabad High Court
Mutual Incompatibility Not Ground To Dissolve Hindu Marriage Within 1 Year Unless There Is 'Exceptional Hardship': Allahabad High Court
The Allahabad High Court has held that marriage between two Hindus cannot be dissolved within one year of marriage on grounds of mutual incompatibility, unless there is exceptional hardship or exception depravity as provided under Section 14 of the Hindu Marriage Act, 1955.The parties had filed for mutual dissolution of marriage under Section 13-B of the Hindu Marriage Act, 1955. However,...
Allahabad High Court Extends Stay On Mohammed Zubair's Arrest Till February 10 In Yati Narsinghanand 'X' Post Case
Today, the Allahabad High Court extended the stay on the arrest of Alt News co-founder Mohammed Zubair until February 10 in connection with an FIR against him over his alleged X Post 'X' (formerly Twitter) on Yati Narsinghanand. A bench of Justice Siddhartha Varma and Justice Yogendra Kumar Srivastava extended the relief. The exact reason for the adjournment could not be...
Equivalence Of Qualification For Eligibility Of Employment To Be Decided By Employer, Not Courts: Allahabad High Court
The Allahabad High Court has held that the question of equivalence of qualification for eligibility and employment is to be decided by the employer and the same cannot be interpreted by the Courts to treat any qualification to be equivalent to qualifications.The bench of Justice Attau Rahman Masoodi and Justice Subhash Vidyarthi held that “the question of equivalence of qualification in...
Allahabad High Court Orders Reinstatement Of ADGC (Criminal) Accused Of Making Comments Against Mahatma Gandhi
The Allahabad High Court last week ordered the reinstatement of one Raj Pal Singh Dishwar to the post of Assistant District Government Counsel (Criminal), whose services were dispensed with for allegedly making some objectionable comments against the 'Father of Nation' (Mahatma Gandhi). A bench of Justice Shekhar B. Saraf and Justice Kshitij Shailendra noted that the...
Consider Sacrifices Of Defence Personnel; Marital Discord No Ground: Allahabad HC Rejects Teacher's Plea Seeking Mid-Term Transfer
The Allahabad High Court recently dismissed a writ petition filed by a female teacher requesting a mid-term intra-district transfer as it emphasised that marital discord can't be a strong enough ground for seeking transfer. While rejecting her plea, the Court highlighted the example of uniformed personnel who serve the nation under some of the harshest conditions. “Save...
Employer's Threat To Employee Against Moving Constitutional Court For Redress May Constitute Criminal Contempt: Allahabad HC
The Allahabad High Court has observed that an employer's threat to its employee to prevent him from approaching the Courts, particularly a Constitutional Court, may constitute criminal contempt. A bench of Justice JJ Munir made this observation while considering a writ plea moved by Akhtar Ali (who was employed as a Senior Clerk with Nagar Nigam, Meerut), challenging his punishment...
Citing Mother's Conduct Of 'Fleeing' With Another Man Sans Divorce, Allahabad HC Hands Over Minor's Custody To Father
The Allahabad High Court on Wednesday directed that custody of a minor child be handed over to the father, citing the mother's alleged actions of eloping with another man without seeking a formal divorce from her husband. A bench of Justice Saurabh Srivastava observed that the future of the minor child, a budding citizen of a glorious country, cannot be permitted to be taken care of...
Work Suspension On Demise Of Ex-PM Manmohan Singh : Allahabad HC Issues Show Cause Notice To Bar Association
The Allahabad High Court on Tuesday took exception to a condolence resolution passed by the Adhivakta Collectorate Bar Association, Collectorate—Amroha, deciding to abstain from judicial work on account of the demise of Dr Manmohan Singh, the Former Prime Minister of India. A bench of Justice JJ Munir issued notices to the Secretary and the President of the Bar Association to...
Insulting Or Attacking A Political Party Not Associated With Any Religion Or Its Belief Won't Attract S. 295-A IPC: Allahabad HC
The Allahabad High Court has held that merely insulting a particular political party or a group that is not inextricably associated with any religion or its belief will not attract the ingredients of Section 295-A IPC as it does not amount to outraging the religious feeling or belief of a class of citizens. A bench of Justice Arun Kumar Singh Deshwal also added that this provision...
Woman Allegedly Raped, Impregnated By Own Brother, Father | 'Unforgivable Betrayal Of Blood & Trust': Allahabad HC Denies Bail
Denying bail to father-son duo accused of committing rape against real daughter/sister and impregnating her, the Allahabad High Court last week termed it a case of an unforgivable betrayal of blood and trust. “I find that facts of this case and allegation of rape on victim by her real brother and father are very rare and heinous in nature…The hands of father and brother meant...
S. 321 CrPC | Prosecution Can't Be Withdrawn Merely On Govt Issuing An Order, Public Prosecutor Must Apply His Mind: Allahabad HC
The Allahabad High Court has observed that withdrawal of prosecution under Section 321 CrPC is not permissible merely because the Government issues an order in this regard. It added that the public prosecutor must apply his mind by mentioning in his application that he is satisfied that it has been made in good faith and in the interest of public policy and justice. A bench...
State Medical College Doctors Referring Patients To Private Nursing Homes Has Become A Menace: Allahabad High Court
The Allahabad High Court has recently observed that doctors appointed by the state government working in state medical colleges but referring patients to private nursing homes has "become a menace". In doing so the court has also asked the state government to frame a policy to stop the private practice of doctors who are appointed in provincial medical services and district hospitals in...