Allahabad High Court Imposes ₹20 Lakh Cost On State For Illegal Demolition, Ex-Parte Mutation Of Revenue Records

Passing an order during vacations, the Allahabad High Court has imposed a cost of Rs. 20 lakhs on the State of U.P. for illegally demolishing structure on petitioner's property and passing an ex-parte order mutating the revenue records in respect of petitioner's property.While imposing the cost, Justice Alok Mathur observed “Mere setting aside of the impugned order will not be sufficient to render complete justice to the petitioner whose property has been illegally demolished by the State...

Special Appeal Against Transfer Order Under Section 24 CPC Not Maintainable As It Is Not A 'Judgment': Allahabad High Court

The Allahabad High Court has held that special appeal against an order on transfer applcation under Section 24 of CPC is not maintainable under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 as such an order is not a judgment.The bench of Justice Rajan Roy and Justice Prashant Kumar held “an order passed under Section 24 CPC is not a judgment, therefore, an appeal is not amenable on this count under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952.”Section 24 CPC provides...

Wife Outshines 'Uncle' In 'Closest Legal Heir Test' Under Section 2 (Wa) CrPC: Allahabad High Court

Recently, the Allahabad High Court has held that the wife will outshine 'uncle' in 'closest legal heir test' under Section 2 (wa) of Cr.P.C.Section 2(wa) of CrPC defines 'victim' as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal heir. In...

UP Bar Council Elections | Allahabad High Court Rejects Plea Against Nomination Of Advocate Facing Contempt Charges

The Allahabad High Court recently dismissed a writ petition challenging the nomination of Advocate Naresh Chandra Tripathi for the upcoming Uttar Pradesh Bar Council elections. A bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi observed that the framing of contempt charges by a seven-judge Bench of the High Court was merely a prima facie view and did not amount to...

Allahabad High Court Annual Digest 2025: Part 1 [Citations 1 - 299]

[NOMINAL INDEX PROVIDED AT THE BOTTOM]Husband Can't Claim Ownership Of Wife's Body, Privacy, Her Consent Paramount; Sharing Intimate Acts' Video A Breach Of Trust: Allahabad HCCase title – Brijesh Yadav @ Brijesh Kumar Vs. State Of U.P. And Another 2025 LiveLaw (AB) 1Case citation: 2025 LiveLaw (AB) 1The Allahabad High Court has observed that it is high time for husbands to shed the...

Registered Adoption Deed Presumed To Be Genuine Unless Disproved In Independent Proceedings: Allahabad High Court

Recently, the Allahabad High Court has held that a registered adoption deed must be presumed to be in compliance of law unless specifically disproved in independent proceedings.Section 16 of the Hindu Adoption and Maintenance Act provides that when a registered adoption deed is produced in a court of law where the sign of the party giving the child and the party adopting the child are...

Highest Officer In State Dept Liable For Contempt If Non-Compliance Of Court Order Is Due To Confusion In Admin Machinery: Allahabad HC

Recently, the Allahabad High Court has held that the highest officer in a government department will be liable for contempt proceedings against him/ her is a writ court order is not complied with due to confusion in administrative machinery. Holding that Chief Secretary, Government of Uttar Pradesh will be liable for contempt in cases relating to the Land Acquisition Act 1984 as...

Allahabad High Court Doubts UP DGP's Claim That Only 11 Mob Lynching Cases Reported In State Since 2018

The Allahabad High Court (Lucknow Bench) recently expressed serious doubt regarding the data furnished by the Director General of Police (DGP) before the HC, which claimed that only 11 cases pertaining to mob lynching have been reported in the State since 2018. Observing that the figure "prima facie appears to be incorrect", a Division Bench of Justice Abdul Moin and Justice Rajeev...

Benefit Of S.14 Limitation Act Applies To Appeals U/S 107 GST Act Where Rectification Application Is Filed Within Time: Allahabad High Court

The Allahabad High Court has held that the benefit of Section 14 of the Limitation Act can be granted to a party for filing appeal under Section 107 of the Goods and Service Tax Act where a rectification application under Section 161 of the GST Act was filed within time. Limitation for filing appeal under Section 107 of the GST Act is 3 months from the date of the order with...

Information Technology Act Provisions Regarding Service Of Notice Inapplicable To Service Under GST Act: Allahabad High Court

In a landmark judgment, the Allahabad High Court has held that the provisions of Information Technology Act regarding dispatch and receipt of service are not applicable to service made under Section 169 of the Goods and Service Tax Act, 2017. The six modes of service provided under Section 169(1) of the State/Central GST Act are: (a) tendering directly or by messenger; (b) dispatch...

Sexual Exploitation Of Women On False Marriage Promise A Growing Tendency, Must Be Nipped In Bud: Allahabad High Court

The Allahabad High Court recently observed that the tendency of sexually exploiting women on the false promise of marriage and finally refusing to marry her is growing in society, which must be nipped in the bud. The observation was made by a Bench of Justice Nalin Kumar Srivastava, who rejected the anticipatory bail application of an accused booked under various provisions of Bharatiya...

Magistrate Order U/S 156 (3) CrPC For FIR Registration Not Open To Revision At Instance Of Prospective Accused :Allahabad High Court

The Allahabad High Court recently observed that a prospective accused has no locus to challenge an order passed by a Magistrate under Section 156(3) CrPC directing the police to register an FIR and investigate, by way of a revision petition. A Bench of Justice Chawan Prakash thus dismissed a criminal revision petition, noting that an order passed under Section 156 (3) CrPC is...