Contractor Cannot Indirectly Challenge Govt Action Against Another Entity Through Writ Petition: Allahabad High Court

The Allahabad High Court has held that a contractor cannot indirectly challenge Government action taken against another entity by filing a writ petition under Article 226 of the Constitution. A bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary added that where the grievance essentially arises out of contractual rights flowing from Letters of Intent, the appropriate remedy...

Trial Court Cannot Examine Witness At Pre-Cognizance Stage To Generate Fresh Evidentiary Material: Allahabad High Court

The Allahabad High Court has held that a trial court cannot examine a witness at the pre-cognizance stage to generate fresh evidentiary material, as such a course is "wholly" outside the scheme of Section 190 CrPC.A Bench of Justice Santosh Rai observed that a court which has not yet taken cognizance does not possess a "free-standing power" to collect additional or corroborative evidence, as...

Transfer Of Dissolved Society's Assets To Successor Company Valid: Allahabad High Court

The Allahabad High Court has held that Section 13 of the Societies Registration Act, 1860 places no embargo on a society resolving to dissolve itself and to transfer its property to a company incorporated under Section 25 of the Companies Act, 1956. It held that once not less than three-fifths of the members resolve upon dissolution, the society stands dissolved forthwith, and the acquisition...

Allahabad High Court Asks UP Govt To Fix Conflict In Limitation Period For Recovering Panchayat Fund Losses From Pradhan

The Allahabad High Court has held that the period within which surcharge can be imposed on a Gram Pradhan for loss, waste or misapplication of Gram Panchayat money or property is governed by the proviso to Section 27 of the U.P. Panchayat Raj Act, 1947, and not by the shorter period prescribed in the third proviso to Rule 257(2) of the U.P. Panchayat Raj Rules 1947. It held that the Rule is...

Allahabad High Court Bars Lucknow's Arya Samaj Mandir From Solemnizing Marriages Over Failure To Verify Marriageable Age Of Parties

The Allahabad High Court last week barred an Arya Samaj Mandir in Lucknow's Aliganj area from solemnizing marriages and issuing marriage certificates until further orders, after prima facie finding that it was solemnizing marriages without verifying the age of the persons concerned and whether they were of marriageable age. A Bench of Justice Rajnish Kumar and Justice Babita Rani passed...

Police Cannot Interfere In Civil Property Disputes: Allahabad High Court Warns Deviations May Invite Departmental & Contempt Proceedings

The Allahabad High Court has reiterated that police authorities and Executive officers have no jurisdiction to adjudicate or interfere in civil disputes between private parties, while clarifying that any deviation may invite departmental as well as contempt proceedings.In its order passed on July 27, the Court emphasized that police can intervene only to the limited extent necessary...

Article 22(1) | Police Pay 'Scant Regard' To Arrest Safeguards, Scorn Judgments Enforcing Fundamental Rights : Allahabad High Court

The Allahabad High Court last week strongly criticised the police's approach to constitutional safeguards, observing that they have "traditionally paid scant regard" to the requirements of Article 22(1) of the Constitution and often fail to appreciate the significance of fundamental rights when exercising the power of arrest. Referring to a series of landmark Supreme Court judgments which...

Allahabad High Court Refuses To Ban UP Cricket Association Or Order CBI Probe Into Assets Transfer

The Allahabad High Court has refused to ban or initiate CBI inquiry against the Uttar Pradesh Cricket Association (UPCA). It has also held that no mandamus can be issued to the Board of Control for Cricket in India (BCCI) to take over the assets of the UPCA as the UPCA was company incorporated under Section 25 of the Companies Act, 1956.Holding that there was no bar on transferring of assets...

LiveLaw Allahabad High Court Weekly Round-Up: July 27 - August 02, 2026

NOMINAL INDEX M/s Drosia India Limited Thru. Director Mr. Waheedul Hasan Siddiqui v. State of U.P. Thru. Prin. Secy. Deptt. of Housing and Urban Planning Lko. and 3 others 2026 LiveLaw (AB) 469 Shaheen Siddiqui and 7 others v. State of U.P. and 10 others 2026 LiveLaw (AB) 470 Pawan Kumar vs. Central Bureau of Investigation and Another 2026 LiveLaw (AB) 471 Anand Kumar Gupta...

PFI 'Terror Plot' Case | Allahabad High Court Questions Lucknow NIA Court Over No Progress In Trial Against Accused Arrested In 2021

The Allahabad High Court on Monday expressed its surprise and questioned the lack of progress in the trial of 2 accused arrested in 2021 in an alleged PFI terror plot case. The High Court sought a comprehensive report from the Special Sessions Judge, NIA/ATS, Lucknow, questioning why its earlier directions to conclude the trial expeditiously and to ensure the proper conduct of the...

Does Rejection Of Bail Bar Subsequent Challenge To Legality Of Arrest? Allahabad High Court Answers

Distinguishing the Supreme Court's 2025 judgment in State of Madhya Pradesh v. Kusum Sahu [2025 LiveLaw (SC) 1110], the Allahabad High Court last week held that rejection of a regular bail application does not, by itself, bar a subsequent challenge to the legality of an arrest and judicial remand under Article 22(1) of the Constitution of India. A Bench of Justice JJ Munir and Justice...

Insurance Company Can't File Writ To Challenge Compensation Granted To Beneficiary Under Govt Welfare Scheme: Allahabad High Court

The Allahabad High Court has held that an insurance company cannot invoke the writ jurisdiction under Article 226 of the Constitution to challenge compensation awarded to a beneficiary under a government welfare scheme by relying on alleged violations of the Memorandum of Understanding (MoU) executed between the insurer and the State Government.It held that such a dispute is...