LiveLaw Allahabad High Court Weekly Roundup: September 28 to October 4, 2026
LIVELAW NEWS NETWORK
4 Oct 2026 11:52 AM IST

NOMINAL INDEX
Fanindra Das vs. The General Manager and another 2026 LiveLaw (AB) 761
Rakesh Rathore vs. State of U.P. Thru. Addl. Chief Secy. Home/Prin. Secy. Home Lko and another 2026 LiveLaw (AB) 762
M/s Aftek Foods and Beverages Pvt. Ltd. Thru. Auth. Signatory Vishnu Kumar Gupta and another vs. State of U.P. Thru. Addl. Chief Secy. Deptt. of Food Safety and Drug Admin. U.P. Lko. and others and connected matters 2026 LiveLaw (AB) 763
Nirmala Devi vs. State of UP and another 2026 LiveLaw (AB) 764
V v. State of U.P. and 4 others 2026 LiveLaw (AB) 765
Oriental Insurance Co. Ltd. Thru. Manager/Asstt. Manager vs. Smt. Vijay Kumari and 7 others 2026 LiveLaw (AB) 766
Rama Shankar Yadav and others v. State of U.P. Through Principal Secy. Revenue and others 2026 LiveLaw (AB) 767
Smt. Smita Wadhawan vs. Smt Rani Singh 2026 LiveLaw (AB) 768
Archana Rao and 2 Others vs. State of U.P. and Another 2026 LiveLaw (AB) 769
Sudha Agarwal v. State Of U.P. Thru. Addl. Chief Secy. Food And Civil Supply, U.P. Lucknow And 6 Others 2026 LiveLaw (AB) 770
Raghvendra Dubey And Another vs. State Of U.P. And 4 Others 2026 LiveLaw (AB) 771
Pappu Met @ Pappu vs. State of U.P. and Another 2026 LiveLaw (AB) 772
Arvind Kumar Yadav (Corpus) & Anr. vs. State of U.P. & Ors. 2026 LiveLaw (AB) 773
Garima Diwaker vs. State Of U.P. And 2 Others 2026 LiveLaw (AB) 774
National Insurance Company Ltd. Lucknow Throu. Astt. Manager vs. Reena Devi And Ors 2026 LiveLaw (AB) 775
Uma Kant Tripathi vs. C/M Bahraich Coop Bank Ltd. 2026 LiveLaw (AB) 776
And Another vs. Bar Council Of India Thru. Chairman Rouse Avenue New Delhi And 2 Others 2026 LiveLaw (AB) 777
Rakesh Kumar vs. State of U.P. and Another 2026 LiveLaw (AB) 778
Mohammad Kamil vs. State of U.P. and Another 2026 LiveLaw (AB) 779
Nootan Rai vs. Union of India and 2 others 2026 LiveLaw (AB) 780
Kopal Bhartiya and 7 others vs. State of U.P. and 3 others 2026 LiveLaw (AB) 781
Devendra Singh vs. Great Home Developers Pvt. Ltd 2026 LiveLaw (AB) 782
Masers Rajasthan Motors vs. State of U.P. and 2 others 2026 LiveLaw (AB) 783
Jaysheel Tiwari vs. Union of India and connected bail applications 2026 LiveLaw (AB) 784
Kalawati Devi And Another vs. State Of U.P. And 6 Others 2026 LiveLaw (AB) 785
Shitala Prasad vs. State of U.P. and 3 others 2026 LiveLaw (AB) 786
Bhavna Yadav and 6 others vs. State of U.P. Thru. Prin. Secy. Deptt. Appointment and Personnel Lko. and 2 others 2026 LiveLaw (AB) 787
Lucknow Development Authority through Secretary Lucknow vs. Ramrati and connected matters 2026 LiveLaw (AB) 788
Keshav Bhalla vs. Prescribe Authority /Rent Authority (Additional District Magistrate) and another 2026 LiveLaw (AB) 789
Larsen And Toubro Limited Thru. Authorized Representative Arghya Chattopadhyay vs. State Of U.P. Thru. Prin. Secy. Deptt. Of Infrastructure/Industrial Development Lko. And 5 Others 2026 LiveLaw (AB) 790
ORDERS/JUDGMENTS OF THE WEEK
Case Title - Fanindra Das vs. The General Manager and another 2026 LiveLaw (AB) 761
Case Citation: 2026 LiveLaw (AB) 761
The Allahabad High Court observed that electricity is "an indispensable need" in modern times, as it directed the North Eastern Railway to provide an electricity connection to a man who had been forced to live without electricity for more than a decade.
A Bench of Justice Prakash Padia and Justice Vivek Saran observed that the right to life under Article 21 is not confined to merely meeting a person's basic animal needs and includes access to essential civic amenities such as electricity, sanitation, roads, clean surroundings, sufficient light, and pure air and water.
Case Title - Rakesh Rathore vs. State of U.P. Thru. Addl. Chief Secy. Home/Prin. Secy. Home Lko and another 2026 LiveLaw (AB) 762
Case Citation: 2026 LiveLaw (AB) 762
The Allahabad High Court has discharged Congress MP from Sitapur, Rakesh Rathore, in a 2025 rape case, observing that the story "cooked up" by the complainant is so 'absurd' that it cannot be believed by any person of ordinary prudence.
The Court added that the prosecution material indicated a "long term consensual extra-marital relationship between two married persons of matured ages".
Case title - M/s Aftek Foods and Beverages Pvt. Ltd. Thru. Auth. Signatory Vishnu Kumar Gupta and another vs. State of U.P. Thru. Addl. Chief Secy. Deptt. of Food Safety and Drug Admin. U.P. Lko. and others and connected matters 2026 LiveLaw (AB) 763
Case Citation: 2026 LiveLaw (AB) 763
The Allahabad High Court has held that hookah bars cannot operate in Uttar Pradesh and hookah services can not be provided even in "Designated Smoking Areas".
The Court stressed that the right of non-smokers to breathe clean air in a public place cannot be abridged by the commercial interests of an establishment claiming a right to trade.
Case Title - Nirmala Devi vs. State of UP and another 2026 LiveLaw (AB) 764
Case Citation: 2026 LiveLaw (AB) 764
The Allahabad High Court has refused to quash a dowry death case against a mother-in-law, holding that the fact that a woman died from shock resulting from myocardial infarction (heart attack) could not, by itself, be treated as conclusive proof at the quashing stage that her death was purely natural.
A bench of Justice Chawan Prakash observed that where a young woman dies within seven years of marriage amid specific allegations of dowry-related cruelty or harassment, it cannot automatically be presumed at the initial stage that her death was purely natural merely because the medical opinion attributes it to myocardial infarction.
Case Title : V v. State of U.P. and 4 others 2026 LiveLaw (AB) 765
CITATION : 2026 LiveLaw (AB) 765
The Allahabad High Court has set aside an order handing over custody of a ten-year-old girl to her father, holding that where the only reason for shifting custody was the interruption of the child's schooling, the Court was first required to examine whether her studies could continue while she remained with her mother, particularly when the child had said she wished to live with the mother.
Case Title : Oriental Insurance Co. Ltd. Thru. Manager/Asstt. Manager vs. Smt. Vijay Kumari and 7 others 2026 LiveLaw (AB) 766
CITATION : 2026 LiveLaw (AB) 766
The Allahabad High Court has held that an insurance company which issued a policy recording the seating capacity of a tractor as “1+1” and received premium on that basis cannot afterwards deny liability for the death of a passenger by relying on the registration certificate, which showed the seating capacity as one person.
Case Title : Rama Shankar Yadav and others v. State of U.P. Through Principal Secy. Revenue and others 2026 LiveLaw (AB) 767
CITATION : 2026 LiveLaw (AB) 767
The Allahabad High Court has held that an employee appointed on an ad hoc basis cannot be directly confirmed in service. It held that a confirmation order which is not traceable to any recruitment, service or regularization rules is void ab initio and confers no legally enforceable right.
Case Title : Smt. Smita Wadhawan vs. Smt Rani Singh 2026 LiveLaw (AB) 768
CITATION : 2026 LiveLaw (AB) 768
The Allahabad High Court has held that the sixty-day timeline for disposal of cases by the Rent Authority and the Rent Tribunal under Section 33(2) of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 is directory and not mandatory in nature.
Section 33(2) of the Act requires the Rent Authority or the Rent Tribunal to endeavour to dispose of a case as expeditiously as possible and within not more than sixty days of receipt of the application or appeal, and its proviso requires written reasons to be recorded where that does not happen.
Case Title : Archana Rao and 2 Others vs. State of U.P. and Another 2026 LiveLaw (AB) 769
CITATION : 2026 LiveLaw (AB) 769
The Allahabad High Court has held that the responsibility for maintaining a minor child cannot be fastened exclusively on either parent, observing that both parents are ordinarily required to contribute towards the child's maintenance according to their respective means and financial capacity.
The Court further held that an earning mother cannot altogether disclaim her responsibility to contribute towards the maintenance and other expenses of her children, particularly where her income is higher than that of the father.
Case Title : Sudha Agarwal v. State Of U.P. Thru. Addl. Chief Secy. Food And Civil Supply, U.P. Lucknow And 6 Others 2026 LiveLaw (AB) 770
CITATION : 2026 LiveLaw (AB) 770
The Allahabad High Court has held that an authority which itself holds a government order inapplicable to a party cannot then fix rent on the strength of justification certificates founded on the very clause of that order. It held that what cannot be done directly cannot be permitted to be done indirectly.
Clause 14 of the Government Order dated 02.05.2018 caps enhancement of rent at 20% of the previously sanctioned rent or the amount recommended in the justification certificate, whichever is less. In an earlier round of litigation in the petitioner's own case, a coordinate Bench had read the clause as applying to godowns taken on rent with effect from 14.07.2015.
Case Title : Raghvendra Dubey And Another vs. State Of U.P. And 4 Others 2026 LiveLaw (AB) 771
CITATION : 2026 LiveLaw (AB) 771
The Allahabad High Court has laid down safeguards for the police to follow when CCTV surveillance at a police station is not functioning. The Court directed that details of persons brought to the station for interrogation or arrested must be recorded contemporaneously in the General Diary (GD).
A Bench of Justice Atul Sreedharan and Justice Achal Sachdev clarified that once a CCTV system is functional within a police station, it must remain operational "24/7 X 365 days".
Case Title : Pappu Met @ Pappu vs. State of U.P. and Another 2026 LiveLaw (AB) 772
CITATION : 2026 LiveLaw (AB) 772
The Allahabad High Court has called for a 'recalibration' of the Chief Justice-centric model of High Court administration as it emphasized the need for a more deliberative, institutionally balanced and participative approach, coupled with stronger institutional accountability.
A bench of Justice Vinod Diwakar made this observation in a judgment arising from four cases in which it flagged issues like delays in the subordinate judiciary, non-compliance with directions on bail and also raised broader questions of judicial discipline.
Case Title : Arvind Kumar Yadav (Corpus) & Anr. vs. State of U.P. & Ors. 2026 LiveLaw (AB) 773
CITATION : 2026 LiveLaw (AB) 773
The Allahabad High Court has observed that the police cannot unlawfully detain an innocent member of the family of the accused to put pressure on the accused to surrender.
A bench of Justice Atul Sreedharan and Justice Divesh Chandra Samant observed that such detention amounts to an unlawful deprivation of liberty and entitles the detained person to compensation.
Case Title : Garima Diwaker vs. State Of U.P. And 2 Others 2026 LiveLaw (AB) 774
CITATION : 2026 LiveLaw (AB) 774
The Allahabad High Court has held that a candidate who fills the 'Question Book Number' column of an OMR sheet in breach of the instructions cannot seek indulgence in the form of manual evaluation of the sheet. It held that the instructions issued to candidates are mandatory and that OMR sheets cannot be permitted to be evaluated physically.
Case Title : National Insurance Company Ltd. Lucknow Throu. Astt. Manager vs. Reena Devi And Ors 2026 LiveLaw (AB) 775
CITATION : 2026 LiveLaw (AB) 775
The Allahabad High Court has held that an insurer cannot avoid liability under a motor accident award by pointing to the absence of an endorsement on the driver's licence authorising carriage of hazardous goods, unless it also establishes that the substance actually being carried was one of the goods listed as hazardous under the Central Motor Vehicles Rules, 1989.
Case Title : Uma Kant Tripathi vs. C/M Bahraich Coop Bank Ltd. 2026 LiveLaw (AB) 776
CITATION : 2026 LiveLaw (AB) 776
The Allahabad High Court last week imposed costs of Rs. 1,00,000 on the State for the unexplained delay of more than 3 decades in filing its counter affidavit and for failing to bring to the Court's notice the non-compliance with an interim order, while dismissing the writ petition on merits.
Justice Garima Prashad observed:
"The State cannot avoid responsibility for this lapse merely because the petitioner has failed to establish his substantive claim. The prolonged delay deprived the Court of timely assistance from the authorities concerned and allowed the issue of compliance with the interim order to remain unresolved until the petitioner had crossed the age of superannuation. The petitioner is, therefore, entitled to be compensated by way of costs, though not by the grant of service benefits to which he has established no legal right".
Case Title : Akhilesh Jaiswal And Another vs. Bar Council Of India Thru. Chairman Rouse Avenue New Delhi And 2 Others 2026 LiveLaw (AB) 777
CITATION : 2026 LiveLaw (AB) 777
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.
Case Title : Rakesh Kumar vs. State of U.P. and Another 2026 LiveLaw (AB) 778
CITATION : 2026 LiveLaw (AB) 778
The Allahabad High Court upheld a Family Court's direction providing for a 10% annual increase in a wife's monthly interim maintenance, terming the approach an "innovative thought".
A bench of Justice Lakshmi Kant Shukla welcomed the order, observing that it was "very surprising" that the High Court had not arrived at such an innovative idea.
Case Title : Mohammad Kamil vs. State of U.P. and Another 2026 LiveLaw (AB) 779
CITATION : 2026 LiveLaw (AB) 779
The Allahabad High Court has observed that a husband cannot avoid his obligation to maintain his wife by pleading that he has no job or that his business is not doing well when he is capable of earning.
A bench of Justice Jai Krishna Upadhyay said that such pleas are merely “bald excuses” and “have no acceptability in law”.
Case Title : Nootan Rai vs. Union of India and 2 others 2026 LiveLaw (AB) 780
CITATION : 2026 LiveLaw (AB) 780
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.
Case Title : Kopal Bhartiya and 7 others vs. State of U.P. and 3 others 2026 LiveLaw (AB) 781
CITATION : 2026 LiveLaw (AB) 781
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 expert to determine such equivalence.
Dispute Over Sale Consideration Doesn't Invalidate Registered Sale Deed: Allahabad High Court
Case Title : Devendra Singh vs. Great Home Developers Pvt. Ltd 2026 LiveLaw (AB) 782
CITATION : 2026 LiveLaw (AB) 782
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.
Case Title : Masers Rajasthan Motors vs. State of U.P. and 2 others 2026 LiveLaw (AB) 783
CITATION : 2026 LiveLaw (AB) 783
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 amounts falling due during the pendency of the appeal, and that the appellate court is competent to direct their deposit.
Case Title : Jaysheel Tiwari vs. Union of India and connected bail applications 2026 LiveLaw (AB) 784
CITATION : 2026 LiveLaw (AB) 784
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 and subsequently murdered him by inflicting injuries sufficient to cause his death.
Case Title : Kalawati Devi And Another vs. State Of U.P. And 6 Others 2026 LiveLaw (AB) 785
CITATION : 2026 LiveLaw (AB) 785
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.
Case Title : Shitala Prasad vs. State of U.P. and 3 others 2026 LiveLaw (AB) 786
CITATION : 2026 LiveLaw (AB) 786
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 foundation on which a monetary claim against the exchequer is built.
Case Title : Bhavna Yadav and 6 others vs. State of U.P. Thru. Prin. Secy. Deptt. Appointment and Personnel Lko. and 2 others 2026 LiveLaw (AB) 787
CITATION : 2026 LiveLaw (AB) 787
The Allahabad High Court has held that a reserved category candidate who scores above the unreserved cut-off must be counted in the unreserved category at the preliminary or screening test stage itself, and not only when the final select list is drawn up, where the marks of the screening test are carried into the final merit.
Condition no. 10 of the advertisement dated 22.12.2025 stipulated that reserved category candidates would be adjusted against the unreserved category in the final selection only, and only where no benefit or concession in the qualifying standard had been availed at the screening examination. It was traceable to the Commission's office memorandum dated 09.01.2020, which circulated a decision taken on 18.12.2019 to the same effect.
Case Title : Lucknow Development Authority through Secretary Lucknow vs. Ramrati and connected matters 2026 LiveLaw (AB) 788
CITATION : 2026 LiveLaw (AB) 788
The Allahabad High Court has held that the Land Acquisition, Rehabilitation and Resettlement Authority (LARRA) constituted under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has no power, authority or jurisdiction to execute its own award.
It held that no such power has been conferred by the Act, that no rules conferring it have been framed by the State in exercise of its rule making power, and that a power of execution which the statute does not provide cannot be supplied by judicial interpretation.
Case Title : Keshav Bhalla vs. Prescribe Authority /Rent Authority (Additional District Magistrate) and another 2026 LiveLaw (AB) 789
CITATION : 2026 LiveLaw (AB) 789
The Allahabad High Court has held that the expression “required by landlord” in the first limb of Section 21(2)(m) of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 does not require the landlord to be in physical occupation of the premises himself.
It held that where premises in their existing form are sought for setting up or carrying on the business of the landlord's son, the claim cannot be rejected at the threshold merely because the son, and not the landlord, is to be the actual user.
Case Title : Larsen And Toubro Limited Thru. Authorized Representative Arghya Chattopadhyay vs. State Of U.P. Thru. Prin. Secy. Deptt. Of Infrastructure/Industrial Development Lko. And 5 Others 2026 LiveLaw (AB) 790
CITATION : 2026 LiveLaw (AB) 790
The Allahabad High Court has held that where a tender document declares an entity ineligible to bid if a governmental debarment subsists on the bid due date, an order later keeping that debarment in abeyance operates only from the date it is passed and does not relate back to make the bidder eligible on the due date.
Clause 2.1.18 of the Request for Proposal provided that an entity barred by the Central or State Government, or by an entity controlled by it, from participating in any project would not be eligible to submit a bid where the bar subsisted as on the bid due date.
OTHER UPDATES OF THE WEEK
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.
The Allahabad High Court has directed criminal action against an advocate for solemnizing a child marriage in his chamber within the District Court premises at Kanpur Nagar. The Court termed his conduct was "disgraceful and demeaning to the noble profession of advocacy".
A bench of Justice Rajnish Kumar and Justice Babita Rani also directed the Bar Council of Uttar Pradesh to take appropriate action against the advocate for cancellation of his license to practice.

