Interest On Wrongly Withheld Gratuity Should Be Recovered From Erring Officer's Salary: Allahabad High Court

The Allahabad High Court has directed that where an employee is found to have been entitled to gratuity that was wrongly withheld and paid only later along with interest, the interest component shall be recovered from the salary of the officer who wrongly rejected the claim. It further held that proceedings shall be initiated against the erring officer even after his retirement, where the...

UP Consolidation Of Holdings Act | Delay Caused By Statutory Ban On Land Transfers Doesn't Render Sale Deed Void: Allahabad High Court

The Allahabad High Court has held that a sale deed executed after the period fixed in a permission order granted under Section 5(1)(c)(ii) of the U.P. Consolidation of Holdings Act, 1953 cannot be treated as void where the delay in execution was caused by a statutory restriction on the transfer of agricultural land in force at the relevant time. The Court held that mutation could not be...

Issue Going To Root Of Adjudicating Authority's Jurisdiction Doesn't Automatically Warrant Local Investigation: Allahabad High Court

The Allahabad High Court has held that the appointment of a Commissioner for local investigation under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 cannot be claimed as a matter of right, and does not become mandatory merely because the question it is sought to prove goes to the root of the adjudicating authority's jurisdiction. The Court held that a commission...

LiveLaw Allahabad High Court Monthly Digest: June 2026

NOMINAL INDEX Neeraj And Another vs. State of U.P. and Another 2026 LiveLaw (AB) 305 North Central Zone Insurance Employees vs Union Of India And 5 Others 2026 LiveLaw (AB) 306 S.Vignesh Shishir vs. Union Of India Thru. Secy. Ministry Of Home Affairs New Delhi And 21 Others 2026 LiveLaw (AB) 307 State Of U.P. Thru. Addl. Chief Secy. Planning Deptt. Lko. vs Rashmi 2026...

Election Petition Filed After Vacation Not Time-Barred In Absence Of Notification Permitting Filing During Vacation: Allahabad High Court

The Allahabad High Court has held that an election petition challenging the election of a Corporator under the U.P. Municipal Corporation Act, 1959, filed on the reopening of the District Court after the summer vacation, is within limitation by virtue of Section 10 of the U.P. General Clauses Act, 1904, where the 30-day limitation period expired during the vacation. It further held that...

RTI Act | Penalty For Delay In Furnishing Information Can't Be Imposed Without Hearing Public Information Officer: Allahabad High Court

The Allahabad High Court has held that penalty under Section 20 of the Right to Information Act, 2005 cannot be imposed without forming opinion on material and affording opportunity of hearing to the Public Information Officer.For context, Section 20 penalises deliberate obstruction or delay in supplying information sought under the RTI Act.The bench of Justice Shekhar B. Saraf and...

Rejection Of Amendment Plea Doesn't Bar Party From Raising Legal Contentions Arising From Existing Pleadings: Allahabad High Court

The Allahabad High Court has held that rejection of an application to amend pleadings under Order VI Rule 17 of the Code of Civil Procedure does not bar a party from advancing pure questions of law arising from the pleadings already on record at the stage of final hearing. It held that where the proposed amendment merely restates legal pleas already discernible from the pleadings and...

Writ Jurisdiction Can't Be Invoked In Contractual Disputes Involving Disputed Facts Where Arbitration Clause Exists: Allahabad High Court

The Allahabad High Court has held that a writ petition under Article 226 of the Constitution is not maintainable in a contractual dispute where the controversy involves disputed questions of fact and remedy of arbitration is available to the aggrieved party under the agreement.The Court declined to entertain a challenge to the termination of a fisheries lease and the forfeiture of...

Allahabad High Court Weekly Round-Up: July 6 To July 12, 2026

NOMINAL INDEX M/s Knots India Carpets Private Limited v. State of Uttar Pradesh and 2 others 2026 LiveLaw (AB) 349 Ram Autar And Others Vs. State 2026 LiveLaw (AB) 350 The Oriental Insurance Company Limited v. Lalta Prasad Sharma And 5 Others 2026 LiveLaw (AB) 351 Rohtash Singh @ Rohtash v. State of U.P. and 3 others 2026 LiveLaw (AB) 352 Sanjay Kumar @ Sanjay Dhiman...

'Hell-Bent On Ousting Legitimate Bidder': Allahabad High Court Slams North Eastern Rly, Quashes Rejection Of Konkan Railway's Bid

The Allahabad High Court (Lucknow Bench) last week came down heavily on the North Eastern Railway (NER) authorities for their 'whimsical' and “mala fide” actions in repeatedly rejecting the financial bid of a sister government enterprise, the Konkan Railway Corporation Ltd. (KRCL), on flimsy grounds. Terming the NER's actions as "nothing short of harassment", a bench of...

Can Woman Claim Maintenance U/S 125 CrPC From Man She 'Married' Without Divorcing First Husband? Allahabad High Court Answers

The Allahabad High Court has clarified that a woman does not qualify as a "legally wedded wife" and hence is not entitled to claim maintenance from her partner under Section 125 CrPC if she began residing with him without first divorcing her first husband. A bench of Justice Achal Sachdev thus set aside the Family Court's order to the extent that it granted maintenance to the woman from...

Sunday Sitting | Demolition 'Threat' To 150-Yr-Old Methodist School: Allahabad High Court Orders Status Quo Over Alleged 'Nazool' Land

In a special Sunday sitting convened today, the Allahabad High Court (Lucknow Bench) intervened to order a status quo over a disputed piece of land purportedly belonging to an educational institution that has existed for over 150 years but is now facing an "imminent threat of demolition". Hearing a plea filed by Methodist Mission Girls Junior High School, Civil Lines, Sitapur, a bench...