Allahabad High Court
No Suit For Injunction Maintainable Against Notifications Declaring Land As Reserved Forest Under Indian Forest Act: Allahabad High Court
The Allahabad High Court has held that suit for permanent injunction under Section 229B of the U.P. Zamindari Abolition and Land Reforms Act 1950 is not maintainable against the notification issued under Section 4 and Section 20 of the Indian Forest Act, 1927 declaring a land as reserved forest area.The Court held that such notifications can only be challenged before the Forest Settlement Officer as per the procedure prescribed in the Act of 1927. “….once notification under Section 4 and Section...
Allahabad High Court Weekly Roundup: March 18 – March 24, 2024
NOMINAL INDEX M/S Samsung India Electronics Private Limited vs. State Of U.P. And Others 2024 LiveLaw (AB) 170 M/S Shree Sai Palace vs. State Of U.P. And Others 2024 LiveLaw (AB) 171 Smt Preeti Arora v. Subhash Chandra Arora And Another 2024 LiveLaw (AB) 172 Rajesh Kumar And Another vs. Union Of India And 3 Others 2024 LiveLaw (AB) 173 Akhilesh Kumar And 3 Others vs....
UP 'Anti-Conversion' Law Applicable To Live-In Relationships Too: Allahabad High Court
The Allahabad High Court recently observed that the UP Prohibition of Unlawful Conversion of Religion Act, 2021 applies not only to marriages but to relationships in the nature of marriage or live-in relationships. A bench of Justice Renu Agarwal made this observation while dismissing a protection plea filed by an interfaith couple (petitioners) as it noted that the duo had not applied for registration of any conversion under the provisions of the 2021 Act. Referring to Explanation...
S. 195(1)(b)(ii) CrPC Doesn't Bar FIR Registration Where Alleged Forgery In Documents Took Place Outside Court: Allahabad HC
The Allahabad High Court has observed that Section 195 (1) (b) (ii) CrPC doesn't bar registration of FIR in a case where alleged forgery has been committed in the document outside the Court and thereafter, the alleged forged document was filed in judicial proceedings in a case pending in a Court.For context, Section 195(1)(b)(ii) provides that no Court shall take cognizance of offences of Forgery, etc. when such offence is alleged to have been committed in respect of a document produced or given...
Additional Chief Medical Officer Has No Authority To File A Complaint For Any Offence Under PCPNDT Act: Allahabad HC
The Allahabad High Court has held that an Additional Chief Medical Officer is not an appropriate authority and he has no authority to file a complaint for any alleged offence committed under the provisions of the Pre-Conception & Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.A Bench of Justice Subhash Vidyarthi held thus while perusing the mandate of Sections 28...
Allahabad HC Criticises Bar Assoc. Resolution Restraining Its Members From Appearing In Cases Against Advocates, Seeks Explanation
The Allahabad High Court recently expressed its strong disapproval of the Bahraich District Bar Association's resolution that restrained its member-advocates from representing accused individuals if the matter is against any other advocate. A bench of Justice Subhash Vidyarthi stressed that such a resolution of the Bar Association restraining Advocates in general from appearing in any...
Allahabad HC Directs Jt. Commissioner Of Police To Inquire Into Alleged Incident Of Property Usurpation By Advocates In Lucknow
The Allahabad High Court has directed the Joint Commissioner of Police (Law & Order), Police Commissionerate, Lucknow to conduct an inquiry into the allegations of property usurpation by 50-60 advocates and to submit a sealed cover report in the court. A bench of Justice Rajan Roy and Justice Narendra Kumar Johari passed this order while hearing a writ plea filed by one Pushkal...
Compassionate Appointment | Daughter-In-Law Supposed To Be Treated Like Daughter In India, Integral Part Of Family: Allahabad High Court
The Allahabad High Court has granted compassionate appointment to daughter-in-law as the son of the deceased was suffering from 75% disability. The Court held that daughter-in-law is an integral part of the family and is supposed to be treated like a daughter.The bench comprising of Justice Vivek Kumar Birla and Justice Donadi Ramesh held,“As per the custom of Indian Society, daughter-in-law...
A&C | Allahabad High Court Set Aside Section 34 Order, District Judge Failed To Take Into Consideration When Appellant Received Signed Award Copy
The Allahabad High Court single bench of Justice Shekhar B. Saraf set aside an order under Section 34 of the Arbitration and Conciliation Act, 1996 passed by the District Judge, noting that the judge failed to give due consideration to Appellant's assertion regarding the non-receipt of the signed copy of the arbitral award. Since the limitation period for Section 34 commences upon...
Limitation Act | Doesn't Encompass Long Delays, Condonation Only In Exceptional Cases: Allahabad High Court Dismisses Section 37 A&C Petition
The Allahabad High Court single bench of Justice Shekhar B. Saraf held that Section 5 of the Limitation Act does not encompass long delays, and condonation can only be granted in exceptional cases where the appellant acted in a bona fide manner and not negligently. The bench dismissed an appeal filed after a delay of four years. Brief Facts: The Appellant filed an...
State Can't Provide Separate Education Systems For Separate Religions, It Violates Principles Of Secularism: Allahabad HC Strikes Down 'UP Madrasa Act'
While declaring the 'UP Board of Madarsa Education Act 2004' as UNCONSTITUTIONAL, the Allahabad High Court today ruled that the a Secular State has no power to create a Board for religious education or to establish a Board for school education only for a particular religion and philosophy associated with it Emphasizing that the State has the foremost duty to provide education to...
Allahabad High Court Declares 'UP Board Of Madarsa Education Act 2004' As Unconstitutional
In a significant ruling, the Allahabad High Court (Lucknow Bench) has declared the 'UP Board of Madarsa Education Act 2004' as UNCONSTITUTIONAL violating the principle of Secularism. A detailed Judgment is awaited.While declaring the law as Ultra Vires, the Division comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi also directed the Uttar Pradesh Government to frame a scheme...