Delay By Officials No Ground To Reject Farmer Welfare Claim; Indifference To Beneficiary's Plight Unsustainable: Allahabad High Court

While dealing with a case of financial assistance being sought by a deceased farmer's family in the schemes enacted by the State Government, the Allahabad High Court observed that making the widow of the farmer approach the Court multiple times to get such assistance under a welfare scheme due to inaction on part of the authorities cannot be sustained. The bench of Justice Ajit Kumar and Justice Garima Prashad observed,“Administrative action of this nature, marked by indifference to the plight...

Senior Citizens Act Can't Be Invoked To Decide Property Ownership/ Title Disputes: Allahabad High Court

The Allahabad High Court has reiterated that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Rules made thereunder cannot be invoked to title and ownership disputes between third parties who are not related to the senior citizens. It held that the Act is for the maintenance and protection of senior citizens by those who will inherit their property, not for deciding the title and ownership of the property which can only be done after examination of evidence in civil...

Allahabad High Court Seeks Trial Judge's Explanation For Failing To Discuss Victim's Injury Report In POCSO Acquittal Judgment

The Allahabad High Court earlier this week took strong exception to a trial court judge's failure to mention and discuss the injuries sustained by the minor victim in the judgment that ultimately acquitted the accused in a POCSO Act case.Taking serious note of this lapse, the Court has called for an explanation from the Presiding Officer over the failure to consider the medico-legal report pertaining to the victim."We are pained to observe that Trial Judge has not mentioned in the impugned...

Railways Liable To Pay Compensation For Loss Of 'Unborn' Child Aged 5 Months Or More In An Accident: Allahabad High Court

The Allahabad High Court has ruled that an unborn child aged five months or more in the mother's womb is treated as equal to a child in existence and the Railway would be liable to pay separate compensation for the accidental death of such an unborn child, distinct from the compensation awarded for the death of the mother. A bench of Justice Prashant Kumar thus allowed an appeal...

British Citizenship Row | Allahabad High Court Peruses Record Of MHA's 2019 Notice To Rahul Gandhi; Allows Impleadment Of GoI

The Allahabad High Court (Lucknow Bench) on Thursday perused the official records produced by the Ministry of Home Affairs (MHA) concerning a notice issued to Congress leader and LoP in Lok Sabha, Rahul Gandhi, in 2019, seeking clarification regarding his nationality.The records were placed before a bench of Justice Rajeev Singh in compliance with an earlier order dated March 9, 2026....

Make A Contempt Reference If 'Browbeaten' By Police Over Uncomfortable Investigation Orders: Allahabad HC Advises Magistrates

In a significant order passed recently, the Allahabad High Court noted that superior police officers sometimes resort to measures to 'browbeat' Magistrates when orders directing investigation of particularly 'uncomfortable' cases are passed by them. A bench of Justice JJ Munir and Justice Vinai Kumar Dwivedi firmly advised Magistrates that if any such embarrassment or pressure is faced from...

Article 25 Protects Right To Congregate For Worship But Forbids Incitement; No Embargo On Prayers In Private Premises: Allahabad HC

The Allahabad High Court on Monday held that Article 25 of the Constitution of India protects the right to congregate for worship for every religious denomination in the country, but it does not accord protection to incitement of one faith by another in the garb of prayer. At the same time, the Court made it clear that there can be no impediment or embargo with regard to prayers...

Govt School Teacher's Bigamous Marriage Prior To Appointment Not Misconduct But Strikes At Root Of Eligibility: Allahabad High Court

The Allahabad High Court has held that a woman, who entered into a bigamous marriage before being appointed as a government school teacher, cannot be punished for misconduct on this ground under U.P. Government Servant Conduct Rules and U.P. Government Servants (Discipline and Appeal) Rules. It however held that the candidate, who contracted marriage in 2009 with a person whose first marriage...

Limitation For Amendment Of Pleadings Must Be Decided In Reference To Stage Of Suit, Not Date Of Filing Of Suit: Allahabad High Court

The Allahabad High Court has held that limitation for filing amendment application in a suit must be decided in reference to the stage at which the suit is, rather than from the date on which the suit was instituted. Observing that the jurisdiction to allow amendments at any stage is provided under Order VI Rule 17 of CPC, Justice Manish Kumar Nigam held,“Such amendments as are directed...

Property Disputes Between Husband And Wife Fall Within Exclusive Jurisdiction Of Family Court: Allahabad High Court

The Allahabad High Court has held that only Family Court has the jurisdiction to deal with disputes (suits or other proceedings) between married couples regarding the properties owned by them. Justice Sandeep Jain held,“Explanation (c) of Section 7(1) of the Family Courts Act,1984 provides that suits or proceedings between the parties to a marriage with respect to the property of the parties...

Public Liability Insurance Act | Collector Empowered To Suo Moto Invite Insurance Claims Upon Knowing Of Accident: Allahabad High Court

The Allahabad High Court has held that the Collector has the power to suo moto invite applications for insurance claims under the Public Liability Insurance Act, 1991 when he/she comes to know of an accident. Further, the Court held that Collector has the powers of the Civil Court and provisions of the Limitation Act are applicable to claims under the Public Liability Insurance Act,...

Ad-Hoc Service Can't Be Ignored For Promotion If Appointment Was Not Illegal: Allahabad High Court

The Allahabad High Court has held that ad-hoc service of an employee cannot be ignored by the government for promotion if appointment was not illegal. It also held that promotion must be awarded to an employee, whose claim was illegally ignored, from the date on which his juniors were given promotion. Holding that an ad-hoc appointment made pursuant to the rules can at best be irregular and...