Allahabad High Court Weekly Round-Up: September 11 To September 17, 2023

NOMINAL INDEX India Oil Corporation Ltd. And Another vs. The Commercial Court And Another 2023 LiveLaw (AB) 318 Smt. Vidya Rawat v. State of U.P. and Others 2023 LiveLaw (AB) 319 Sachin v. Sangeeta Devi 2023 LiveLaw (AB) 320 Anjuman Intazamia Masazid Varanasi vs. Ist A.D.J. Varanasi And Others 2023 LiveLaw (AB) 321 M/S Anupam Electricals And Electronics vs. State of U.P. and Another 2023 LiveLaw (AB) 322 Rajender Kumar vs. Kunwar Bhartendra Singh 2023 LiveLaw (AB) 323 Rakesh Kumar Keshari vs. Union Of India And Another 2023 LiveLaw (AB) 324 Dinesh Kumar vs. District Caste Scrutiny Committee And 4 Others 2023 LiveLaw (AB) 325 Santosh Kumar Dohrey vs. Pramukh Sachiv Nyay Evam Vidhi Paramarshi U.P. And 4 Others 2023 LiveLaw (AB) 326 Km. Pratiksha vs. State of U.P. 2023 LiveLaw (AB) 327 Ibnul Hussain @ Babu vs. State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko 2023 LiveLaw (AB) 328 Ifrak Ali Khan vs. Dr. Bhim Rao Ambedkar University And Another 2023 LiveLaw (AB) 329 Kailash Chand Agarwal vs. Principal Commissioner 2023 LiveLaw (AB) 330 M/S Aliganj Kisan Seva Kendra, Aliganj And Another v. Indian Oil Corporation Ltd. And 3 Others 2023 LiveLaw (AB) 331 Sonu @ Pinku vs. State of U.P. 2023 LiveLaw (AB) 332 ORDERS/JUDGMENTS Objection U/S 47 CPC Cannot Be Raised In Proceedings For Execution Of Arbitral Award: Allahabad High Court Reiterates Case Title: India Oil Corporation Ltd. And Another vs. The Commercial Court And Another Case citation: 2023 LiveLaw (AB) 318 The Allahabad High Court dismissed a petition under Article 227 of the Constitution of India against the rejection of objection under Section 47 of CPC at the stage of execution of arbitral award. A bench comprising of Justice Neeraj Tiwari reiterated that arbitral award is not a decree under Section 2(2) of CPC, therefore, an objection filed under Section 47 of CPC in execution proceedings is not maintainable. Further, the Court reiterated the principle laid down by the Supreme Court in Padmajeet Singh Patheja v. ICDS LTD that “arbitral award can be executed invoking Section 36 of New Act, 1996 along with the provisions of CPC in the same manner as if it is decree of the Court.” Once Termination Held Illegal, Labour Court Bound To Award Back Wages To Workman: Allahabad High Court Reiterates Case Title: Smt. Vidya Rawat v. State of U.P. and Others [WRIT - C No. - 11692 of 2007] Case citation: 2023 LiveLaw (AB) 319 The Allahabad High Court has reiterated the principle that once Labour Court holds that the termination of workman was illegal and the workman is reinstated in service, it is bound to award back wages. “If a termination order is set aside being illegal, the consequence would be that the order of termination was never passed and therefore, reinstatement in service with full back wages is the natural consequence of setting aside the order of termination,” held Justice Piyush Agrawal. Allahabad High Court Refuses To Order Child's DNA Test For Husband To Establish Adultery Allegations Against Wife Case Title: Sachin v. Sangeeta Devi [FIRST APPEAL No. - 960 of 2023] Case citation: 2023 LiveLaw (AB) 320 The Allahabad High Court has refused to order the DNA test of a child on the plea of a man seeking to prove adultery allegations he levelled against his wife by demonstrating that the child was not his legitimate son. The child in question was born within 9 months of the man's marriage with his wife (respondent). A bench comprising of Justices Saumitra Dayal Singh and Rajendra Kumar-IV however observed that there were no pleadings to the effect that the parties had not known each or met each other before marriage. It held, "Qua the allegation of adultery being levelled by the appellant, the burden to establish the same remains on the appellant. He cannot seek to lighten that burden by forcing the opposite party to lead evidence as may not only demolish the defence, if any of the opposite party but also be read as evidence that may prove the case of the appellants." Gyanvapi-Kashi Title Dispute | 'Procedural Aberration, Jurisdictional Impropriety': Allahabad HC CJ Specifies Reasons For Withdrawing Cases From Single-Judge Case Title - Anjuman Intazamia Masazid Varanasi vs. Ist A.D.J. Varanasi And Others [MATTERS UNDER ARTICLE 227 No. - 3341 of 2017] Case Citation: 2023 LiveLaw (AB) 321 In a significant order, the Chief Justice of the Allahabad High Court has specified the reasons for the withdrawal of the cases concerning the Kashi Vishwanath-Gyanvapi land title dispute (from the bench of Justice Prakash Padia) by stating that the decision was taken by him (CJ) on the administrative side "in the interest of judicial propriety and judicial discipline as well as the transparency in the listing of cases". Chief Justice Pritinker Diwaker, in his order dated August 28, a copy of which was made...

Allahabad High Court Weekly Round-Up: September 11 To September 17, 2023

Sparsh Upadhyay

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