Allahabad High Court Weekly Round-Up: October 10 To October 16, 2022

NOMINAL INDEX Tulsarani And Another v. Union Of India And 3 Others 2022 LiveLaw (AB) 462 Azizurrahman v. Hamidunnisha @ Sharifunnisha 2022 LiveLaw (AB) 463 Prveen Kashyap v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 464 Monu v. State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others 2022 LiveLaw (AB) 465 ORDERS/JUDGMENTS OF THE WEEK Commercial Court Can't Hear S. 34 Arbitration Act Application Challenging Compensation Awarded Under NH Act: Allahabad HC Case title - Smt. Tulsarani And Another v. Union Of India And 3 Others [MATTERS UNDER ARTICLE 227 No. - 56 of 2022] Case Citation: 2022 LiveLaw (AB) 462 The Allahabad High Court has observed that the Commercial Courts have no Jurisdiction to hear Applications filed under Section 34 of the Arbitration and Conciliation Act, 2013 challenging the quantum of compensation awarded under the National Highways Act, 1956. The bench of Justice J. J. Munir though clarified that an award of the Statutory Arbitrator under Section 3G(5) of the National Highways Act, 1956 can be challenged by an application under Section 34 of the Arbitration and Conciliation Act before the appropriate forum. Muslim Man Can't Marry Another Woman As Per Quran If He Isn't Capable Of Fostering First Wife, Children: Allahabad High Court Case title - Azizurrahman v. Hamidunnisha @ Sharifunnisha [FIRST APPEAL No. - 700 of 2022] Case Citation: 2022 LiveLaw (AB) 463 Stressing that as per the mandate of the Holy Quran, bigamy is not sanctified unless a man can do justice to orphans, the Allahabad High Court has observed that a Muslim man has to prevent himself to perform a second marriage if he is not capable of fostering his wife and children. "The religious mandate of Sura 4 Ayat 3 (of Quran) is binding on all Muslim men which specifically mandates all Muslim men to deal justly with orphans and then they can marry women of their choice two or three or four but if a Muslim man fears that he will not be able to deal justly with them then only one. If a Muslim man is not capable of fostering his wife and children then as per the above mandate of the Holy Quran, he cannot marry the other woman," the Bench of Justice Surya Prakash Kesarwani and Justice Rajendra Kumar-IV observed. Also read: Can't Compel Wife To Live With Muslim Husband Who Has Married Another Woman If It Isn't 'Equitable': Allahabad High Court Allahabad High Court Denies Bail To POCSO Accused Who Married Minor, Established Physical Relation With Her 'Consent' Case title - Prveen Kashyap v. State Of U.P. And 3 Others [CRIMINAL MISC. BAIL APPLICATION No. - 36810 of 2022] Case Citation: 2022 LiveLaw (AB) 464 The Allahabad High Court denied bail to a man accused of raping a minor girl (16-17 years old) after marrying her with her consent as the Court noted that the consent of the minor is no consent at all. The bench of Justice Sadhna Rani (Thakur) opined that even if the minor she left her home, solemnized marriage, and had physical relations with the applicant with her consent, her consent, being consent of the minor, cannot be said to be of any significance. Allahabad High Court Grants Bail To POCSO Accused On Condition Of Marrying Victim, Accepting Their Child As His Daughter Case title - Monu v. State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others [CRIMINAL MISC. BAIL APPLICATION No. - 10567 of 2022] Case Citation: 2022 LiveLaw (AB) 465 The Allahabad High Court granted bail to a POCSO accused booked for raping a minor girl (17 years old) with whom he allegedly eloped, on the condition that he would marry her within a period of one month and shall give all rights to her and his child as wife and daughter. While granting him bail, the Bench of Justice Dinesh Kumar Singh took into consideration the stand of the prosecutrix and her father who stated that they had no objection if the accused is released on bail. The Court also noted the fact that the Girl had already delivered a child from the accused applicant. Allahabad High Court Grants Bail To Man Who Allegedly Posted Video On FB Depicting The Beheading Of Nupur Sharma The Allahabad High Court has granted bail to one Nadeem Ansari who has been accused of posting a video on Facebook showing to behead former BJP spokesperson Nupur Sharma. The bench of Justice Deepak Verma granted him bail considering the entire facts and circumstances of the case, submissions of counsel for the parties, and keeping in view the nature of offence, evidence, the complicity of the accused and larger mandate on Article 21 of the Constitution of India. Other updates from the High Court Plea Challenges Use Of Facial Recognition Technology To Record Attendance Of Govt. Varsity Staff: Allahabad HC Seeks UP Govt's Reply High Court sought a reply of the Uttar Pradesh Government on a plea challenging the use of Facial Recognition Technology for recording the...

Allahabad High Court Weekly Round-Up: October 10 To October 16, 2022

Sparsh Upadhyay

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