Allahabad High Court Annual Digest 2024 [Part II]

Citations 2024 LiveLaw (All) 391 – 2024 LiveLaw (All) 787Lawyers To Ensure Dignity Of Court Even When Challenging Its Order: Allahabad High Court Deprecates Disrespectful Drafting Of Review ApplicationCase Title: M/S Rajshi Processors Raebareli Thru. Its Partner Ashok Kumar Lakhotia v. State Of U.P. Thru. Prin. Secy. Deptt. Of State Tax,Lko. And 2 Others 2024 LiveLaw (AB) 391 [CIVIL MISC...

Allegations Offend Victim's Dignity: Allahabad High Court Denies Bail To Man Accused Of Forcing Wife Into Prostitution

The Allahabad High Court last week denied bail to a man who has been accused of forcing his wife into prostitution by compelling her to make physical relationships with his friends and other persons. Noting that the allegations against the husband are rare and the prosecution's case was not a simple case of matrimonial dispute between husband and wife, a bench of Justice...

Allahabad High Court Quarterly Digest : October To December 2024

ORDERS/JUDGMENTS OF THE QUARTER [OCTOBER 2024-DECEMBER 2024]Civil Judge Has No Jurisdiction To Entertain Suit Filed U/S 92 CPC Or Under Section 2 Of Religious Endowment Act, 1863: Allahabad High Court Case Title: Jyantri Prasad And 9 Others v. Shri Ram Janki Lakshman Ji Virajman Mandir,Pratapgarh Thru. Ram Shiromani Pandey And 2 Others [MATTERS UNDER ARTICLE 227 No. -...

Sambhal Row | Mosque Committee Challenges Trial Court's Survey Order In Allahabad HC; Advocate Commissioner Files Sealed Report

The Shahi Jama Mosque Committee at Chandausi (Sambhal) has moved the Allahabad High Court challenging the trial court's order passed on November 19 directing an Advocate Commissioner to survey the mosque in a suit which claimed that the mosque was built after destroying a temple. This development comes as the Advocate Commissioner submitted the survey report to the trial court in a...

Husband Can't Claim Ownership Of Wife's Body, Privacy, Her Consent Paramount; Sharing Intimate Acts' Video A Breach Of Trust: Allahabad HC

The Allahabad High Court has observed that it is high time for husbands to shed the outdated mentality of the Victorian era and realise that a wife's body, privacy, and rights are her own and not subject to the control or ownership of her husband. The Court underscored that a husband is expected to honour the trust, faith, and confidence reposed in him by his wife and that sharing...

Allahabad High Court Monthly Digest : December 2024

ORDERS/JUDGMENTS OF THE MONTHPassing Reinstatement Order Pursuant To Quashing Of Earlier Suspension Not Necessary For Suspending An Employee Again: Allahabad High Court Case Title: Dr. Gyanvati Dixit v. State Of U.P. Thru. Prin. Secy. Deptt. Of Sec. Edu. Lko. And Others [WRIT - A No. - 11061 of 2024] Case Citation: 2024 LiveLaw (AB) 736 While hearing a principal's...

'Free-Willed' Wife Meeting Civil Society Members Sans Forming An Illegal Relation Isn't Cruelty Against Husband: Allahabad HC

The Allahabad High Court has observed that a 'free-willed' wife's acts of travelling alone or interacting with members of civil society without engaging in any illegal or immoral relationships cannot be considered an act of cruelty against her husband. A bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh, however, added that a wife's conduct of only seeking to keep alive a...

Associate Professors Of Institutes Of Technology Not Experts Recognized Under Information And Technology Act: Allahabad High Court

While dealing with dispute regarding appointment on various posts in U.P. Jal Nigam, the Allahabad High Court has held that Associate Professors of Institutes of Technology are not experts recognized under the Information and Technology Act, 2000 for the purposes of examination of electronic evidence.Justice Ajit Kumar held,“expert opinions that were sought from the Associate Professors...

Relationship Between 'Jija' & 'Sali' Is Immoral But Rape Offence Not Attracted If Woman Is A Major: Allahabad High Court

The Allahabad High Court has recently observed that a relationship between brother-in-law and sister-in-law (jija and sali) is immoral; however, if the woman is a major, the said relationship doesn't attract the offence of rape. A bench of Justice Sameer Jain observed thus while granting bail to an accused (Jija) who was booked under Sections 366, 376, 506 IPC on the allegation that...

A School's Farm Land Won't Be Leased Without Reasoned Decision By Its Committee Presided By Village/Municipal Council Head: Allahabad HC

While disposing of a public interest litigation pertaining to illegal leasing of land belonging to schools, the Allahabad High Court has directed that school's farm land cannot be leased out without a reasoned decision by the Committee of the concerned school. The Committee to be constituted must include Gram Pradhan or Nagar Palika Adhyaksha as President and a person nominated by...

Allahabad High Court Annual Digest 2024 [Part I]

Citations 2024 LiveLaw (All) 1 – 2024 LiveLaw (All) 390: UP Victim Compensation Scheme 2014 | Eligibility/ Quantum Of Compensation For Rape Victims To Be Decided By DLSA, Not Court: Allahabad HCCase Title: Ramesh Alias Mehandi Hasan vs. State Of U.P. And 3 Others [MATTERS UNDER ARTICLE 227 No. - 5804 of 2023]Case Citation: 2024 LiveLaw (AB) 1The Allahabad High Court has asked a rape...

Appointment Didn't Comply With Drivers Service Rules, Allahabad HC Denies Government Servant Status To Special Sugar Fund Employee

A division bench of the Allahabad High Court comprising of Chief Justice Arun Bhansali & Justice Jaspreet Singh held that an employee appointed under the Special Sugar Fund cannot be regarded as a government servant, as the appointment was not made in accordance with the Uttar Pradesh Sugar Department Drivers Service Rules, 1984. Background Facts The Special Sugar...