Allahabad High Court Weekly Round-Up: November 27 To December 3, 2023

NOMINAL INDEX Mahadev Singh Dal Bahadur Singh v. State Of U.P. Thru. Prin. Secy. ( Revenue), Lko. And Others 2023 LiveLaw (AB) 454 Smt. Mobin And Another v. Dy. Director Of Consolidation And 6 Others 2023 LiveLaw (AB) 455 Rohit Chaturvedi v. Smt Neha Chaturvedi 2023 LiveLaw (AB) 456 Ramlala v. State Of U.P. And 4 Others 2023 LiveLaw (AB) 457 Maa Vindhya Stone Crusher Company v. State of U.P. and Another 2023 LiveLaw (AB) 458 M/S Nicholas Piramal India Ltd. and Ors v. Presiding Officer Labour Court Lko. and 3 Ors 2023 LiveLaw (AB) 459 The Commissioner Of Income Tax (Tds) And Another v. Lalitpur Power Generation Co. Ltd. 2023 LiveLaw (AB) 460 Hindustan Paper Machinery Industries v. Commissioner Cgst And 2 Others 2023 LiveLaw (AB) 461 State of U.P. vs. Dr. Sanjay Kumar Nishad and a connected case 2023 LiveLaw (AB) 462 Banwari Lal Kanchhal vs. State Of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Home Lko 2023 LiveLaw (AB) 463 Umesh Garg v. Union Of India and Another 2023 LiveLaw (AB) 464 Smt. Monika Yadav v. Aakash Singh And 3 Others 2023 LiveLaw (AB) 465 Hanuman Ram vs. State Of U.P. And 3 Others 2023 LiveLaw (AB) 466 State of U.P. vs. Zameel Alias Fauda And 5 Ors 2023 LiveLaw (AB) 467 Prem Prakash Yadav v. Union Of India Thru Secy.Min.Of Urban Planning And Development 2023 LiveLaw (AB) 468 ORDERS/JUDGMENTS OF THE WEEK UP Revenue Code 2006 | Land For Public Use Cannot Be Exchanged By Encroacher With His Own Land: Allahabad High Court Case Title: Mahadev Singh Dal Bahadur Singh v. State Of U.P. Thru. Prin. Secy. ( Revenue), Lko. And Others [WRIT - C No. - 9984 of 2023] Case Citation: 2023 LiveLaw (AB) 454 The Allahabad High Court has held that land recorded for public use cannot be exchanged by encroacher with his own land. The bench comprising Justice Rajnish Kumar held that restoring the pond and maintaining it is beneficial for the villagers and for maintaining ecological balance. The Court further observed that under Section 101 (Exchange) of UP Revenue Code a bhumidar can exchange land held by another bhumidar or entrusted or deemed to be entrusted to any gram panchayat or local authority under Section 59. However, a land recorded as pond cannot be permitted to be exchanged even if it has been created into abadi. DNA Test Not To Be Ordered If Matriculation Certificate Sufficiently Proves Date Of Birth: Allahabad High Court Case Title: Smt. Mobin And Another v. Dy. Director Of Consolidation And 6 Others [WRIT - B No. - 2526 of 2023] Case Citation: 2023 LiveLaw (AB) 455 The Allahabad High Court has held that matriculation certificate issued by a school is recognized as sufficient legal proof for determining date of birth. The Court held that DNA test is not necessary where such certificate has not been proved wrong. Placing reliance on the judgment of Supreme Court in Aparna Ajinkya Firodia v. Ajinkya Arun Firodia, Justice Saurabh Shyam Shamshery held, “As held in Aparna Ajinkya Firodia (supra) order to conduct DNA test could not be passed in a routine manner and it has to be passed only in extraordinary circumstances when there is no other legal basis to determine parentage of person concerned and since in the present case there is a document which is recognized to be sufficient legal proof of determination of date of birth, i.e., matriculation certificate, therefore, no circumstance exist to pass an order for DNA test.” Divorce Law | Allegations Of Illicit Relationship Of Spouse Must Be Clearly Stated In Pleadings: Allahabad High Court Case Title: Rohit Chaturvedi v. Smt Neha Chaturvedi [FIRST APPEAL No. - 295 of 2020] Case Citation: 2023 LiveLaw (AB) 456 In a recent judgment, the Allahabad High Court has held that allegations of illicit relationship of a spouse cannot be left to the imagination of the court. Such allegations must be clearly made. While granting a decree of judicial separation under Section 13A of the Hindu Marriage Act, 1955, the Court held, “To infer existence of illicit relationship, it is not to be left to the imagination of the Court what the parties may have intended to say by way of fact allegation. The allegation of one party having illicit relationship with another must be clear.” Mining Lease | Consequential Order Cannot Go Beyond Realm Of Show Cause Notice: Allahabad High Court Case Title: Ramlala v. State Of U.P. And 4 Others [WRIT - C No. - 31059 of 2023] Case Citation: 2023 LiveLaw (AB) 457 The Allahabad High Court has held that any order passed as a consequence of the show cause notice cannot go beyond what is alleged in the show cause notice. Actions to be taken against a person must be clearly stated in the show cause notice, it held. While dealing with dispute regarding illegal mining, the bench comprising Justice Siddhartha Varma and Justice Shekhar B. Saraf observed that the reason for not allowing...

Allahabad High Court Weekly Round-Up: November 27 To December 3, 2023

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