Allahabad HC Orders Removal Of Unauthorized Encroachers At Entry Gates Of 'Chhota Imambara' In Lucknow

Last week, the Allahabad High Court (Lucknow Bench) directed the local authorities and district administration to ensure the removal of unauthorized encroachers at the entry gates of Chhota Imambara in Lucknow. A bench of Justice Attau Rahman Masoodi and Justice Subhash Vidyarthi passed this order while hearing a 2013 PIL plea moved by Advocate Syed Mohammad Haider Rizvi for...

Allahabad High Court Extends Stay On Mohammed Zubair's Arrest Till January 27 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 January 27 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 as it allowed the State Government to verify the averments and...

Consumption Of Alcohol By Wife Not Cruelty Unless Followed By Unwarranted & Uncivilized Behavior: Allahabad High Court

While granting a decree of divorce on grounds of desertion, the Allahabad High Court has observed that merely because the wife consumes alcohol does not amount to cruelty unless it is followed by uncivilized behavior.The bench held,“Consuming of Alcohol by itself does not amount to cruelty, if it is not followed by unwarranted & uncivilized behavior. Though, consuming of alcohol...

Tenant Should Be At The Pleasure Of Landlord, Must Release Property When Landlord Requires It For Bonafide Personal Use: Allahabad HC

The Allahabad High Court has held that a tenant is usually at the pleasure of the landlord and will have to release the property if the landlord so desires. It was held that the Court must see if the need of the landlord is bonafide before ruling against the tenant.“A tenant should be at the pleasure of landlord in a sense that as and when the landlord needs the property for his personal...

Allahabad HC Grants Bail To Rape Accused On Condition Of Marrying Inter-Faith Live-In Partner, Securing Monetary Support For Child

The Allahabad High Court recently granted bail to a man accused of raping his inter-faith live-in partner on the false promise of marriage, on the condition of marrying the prosecutrix under the Special Marriage Act and depositing ₹5 lacks as a Fixed Deposit to protect the monetary security of the prosecutrix as well as her child. A bench of Justice Rajesh Singh Chauhan noted that it...

Daughter Living With Father At Time Of Separation Does Not Deprive Mother Of Right To Custody As Natural Guardian: Allahabad High Court

Observing that the mother is the natural guardian of a 4-year-old daughter, the Allahabad High Court has held that even if the company of the minor daughter was given to the husband at the time of separation, it would not deprive the mother of her right to custody of the daughter.The bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh held “Merely because the mother has...

Allahabad High Court Orders Action Against Registry Officials For Applying Own 'Wisdom' In Court Proceedings

The Allahabad High Court recently directed the drawing of proceedings against an Assistant Registrar (Second Appeal) and a Review Officer of the HC on the administrative side for applying their own 'wisdom' to convert one proceeding into another.A bench of Justice Kshitij Shailendra took exception to the act of the concerned administrative officers for converting a Second Appeal into a...

[Income Tax] Allahabad HC To Examine Whether Proceedings U/S 148A(b) Initiated Prior To 01.09.2024 Would Be Saved After Enforcement Of The Finance (No.2) Act, 2024

The Lucknow Bench of the Allahabad High Court has sought state response on the question of maintainability of proceedings under Section 148A(b) of the Income Tax Act initiated prior to 01.09.2024, if at all, would be saved after enforcement of the Finance (No.2) Act, 2024 w.e.f. 01.09.2024 especially in view of sub-Section- (4) of Section 152 of the Income Tax Act, 1961 which has...

Allahabad HC Stays Criminal Proceedings Against Fashion Model Booked Over 'Controversial' Poster With Shiva Linga

Last week, the Allahabad High Court stayed criminal proceedings against Varanasi-based fashion model Mamta Rai in a 2022 case alleging that she promoted enmity between different groups on the grounds of religion and race and committed intentional insult by posting a picture showing her offering flowers on a Shivalinga with the caption “मैं काशी हूं (I...

Physical Relation Not Considered Against Will If Married Woman With Experience In Sex Offers No Resistance: Allahabad HC

While granting bail to a man accused of committing rape against a 30-year-old widow having three children, the Allahabad High Court observed that if a married woman having experience in sex does not offer resistance, it cannot be said that her physical relation with a man was against her will. A bench of Justice Sanjay Kumar Singh observed this while granting relief to a...

Allahabad High Court Weekly Round-Up: January 06 To January 12, 2025

NOMINAL INDEX Salman vs. State of U.P 2025 LiveLaw (AB) 2 Ashok Pandey vs. Chairman Of Rajya Sabha Thru. Secy. General And Another 2025 LiveLaw (AB) 3 Pramod Kumar v. State of U.P. and Others 2025 LiveLaw (AB) 4 Arvind vs. State Of U.P. And 3 Others 2025 LiveLaw (AB) 5 Manish Kumar Yadav vs. State of U.P 2025 LiveLaw (AB) 6 Ram Bali Ram v. State of U.P. and Another...

Nowadays There Can Be No Presumption That Victim Would Always Tell Entire Story Truthfully In Rape Cases: Allahabad High Court

While granting bail to a man accused of sexually exploiting a married woman on the pretext of providing her government job, the Allahabad High Court recently observed that nowadays, there can be no presumption that in all rape cases, the prosecutrix would always tell the entire story truthfully. “No doubt in the matter of rape, the statement of the prosecutrix should be...