Unchallenged Order Directing Salary Payment Cannot Validate Appointment Based On Forged Approval: Allahabad High Court

The Allahabad High Court has held that an administrative order directing payment of salary confers no enforceable right to salary from the State exchequer, even where it was never challenged or set aside, if the approval order on which the appointment rests is later found to be forged. It held that the finality attaching to an administrative order is distinct from the legality of the...

Parents Cannot Invoke Habeas Corpus To Compel Adult Daughter To Reside With Them Against Her Will: Allahabad High Court

The Allahabad High Court has observed that the parents cannot invoke the writ of habeas corpus to compel their adult daughter to live with them against her express will. The High Court observed that once an adult consciously and voluntarily chooses where to reside, her autonomy and decisional freedom deserve due recognition. A bench of Justice Sandeep Jain made the observation while...

LiveLaw Allahabad High Court Monthly Digest: September 2026 [Citations 638 - 772]

CITATIONS: 2026 LiveLaw (AB) 638 to 772 [Nominal Index Provided at the Bottom] JUDGMENTS/ORDERS OF THE MONTH Active Concealment Of Material Facts By Advocate Interferes With Administration Of Justice: Allahabad High Court Case Title: Shiv Shankar Singh v. Committee of Management Nehru Vidyapeeth Inter College and another 2026 LiveLaw (AB) 638 Case Citation : 2026 LiveLaw...

Jaunpur Custodial Death 2021: Allahabad High Court Denies Bail To 4 Accused Cops, Notes CBI Allegation Of Torture, Murder

The Allahabad High Court on Wednesday rejected the bail applications of 4 Uttar Pradesh police personnel accused in connection with the 2021 Jaunpur custodial death case. In its 95-page order, Justice Samit Gopal reproduced the CBI chargesheet's allegation that the accused police personnel caused grievous injuries to the deceased Krishna Kumar Yadav alias Pujari to extract a confession...

50% Pre-Deposit For Appeal Not Exhausted At Filing Stage Where Rent Liability Is Recurring: Allahabad High Court

The Allahabad High Court has held that where the order appealed against fixes a liability recurring from month to month, the fifty percent pre-deposit required by the proviso to Section 35(1) of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 is not exhausted by the deposit made at the stage of filing the appeal. It held that the requirement continues to operate on the...

Dispute Over Sale Consideration Doesn't Invalidate Registered Sale Deed: Allahabad High Court

The Allahabad High Court has held that a registered sale deed cannot be declared void under Section 54 of the Transfer of Property Act, 1882 merely on a dispute over payment of sale consideration by the purchaser. It held that a seller who complains of non-payment must sue to recover the money, and cannot have the sale deed cancelled on that ground.Section 54 of the Transfer of Property Act,...

Writ Court Can't Sit As Academic Expert To Decide Equivalence Of Degrees Where Rules Prescribe None: Allahabad High Court

The Allahabad High Court has held that where the service rules prescribing the qualification for a post make no provision for consideration of equivalent degrees, the writ court cannot decide whether a degree not named in the rules is equivalent to the one prescribed. It held that in exercise of its power under Article 226 of the Constitution of India, the Court cannot sit as an academic...

Teacher's Challenge To Termination By Private Unaided Trust Not Maintainable In Writ, Dispute Is Contractual: Allahabad High Court

The Allahabad High Court has held that a writ petition challenging the termination of a teacher by a private unaided educational institution run by a trust is not maintainable under Article 226 of the Constitution. It held that the dispute being a purely contractual one between employer and employee.Distinguishing between the amenability of a private body to writ jurisdiction and...

Lack Of Job, Poor Business No Ground For Husband To Avoid Paying Maintenance If Capable Of Earning: Allahabad High Court

High Court said monetary support is the soothing legal balm for a wife who cannot be allowed to resign to destiny.

'Innovative Thought': Allahabad High Court Appreciates Family Court's Order Of 10% Annual Increase In Wife's Maintenance

HC observed that it was "very surprising" that such an innovative thought had not occurred to the High Court.

'Noise Pollution Becoming A Menace': Allahabad High Court Registers Suo Motu PIL Over Schoolgirl's Death Amid Alleged Loud DJ Sound

The Allahabad High Court on Monday registered a fresh suo motu Public Interest Litigation on noise pollution after taking note of an incident involving the death of a Class-II schoolgirl in Balrampur, who allegedly collapsed in her classroom while a procession with loudspeakers and a music system was passing nearby.A Bench of Justice Rajan Roy and Justice Manjive Shukla, while hearing a...

Bar Council Has No Power To Suspend Advocates At Interim Stage Pending Disciplinary Inquiry: Allahabad High Court

The Allahabad High Court has held that the Bar Council of Uttar Pradesh has no power to suspend advocates at an interim stage pending disciplinary inquiry. The Court clarified that suspension under Section 35(3)(c) of the Advocates Act, 1961 (Punishment of advocates for misconduct) is a final order which cannot be passed during the pendency of disciplinary proceedings.A Bench of Justice...