Allahabad High Court Sends 82 Y/O Murder Convict Back To Jail After 40 Yrs; Says It Can't Reduce Sentence By Invoking Article 142

The Allahabad High Court recently dismissed the appeal of an 82yearold man convicted of murdering his brother in 1984 and directed him to surrender to serve the remaining part of his life sentence. A Bench of Justice Atul Sreedharan and Justice Jai Krishna Upadhyay found that the evidence on record did not disclose any mitigating circumstances warranting conversion of the appellant's conviction from Section 302 IPC (Murder) to Section 304 Part II IPC (Culpable Homicide Not Amounting to...

AMU Statute Requiring Two-Third Majority Of Executive Council To Terminate Teacher Not Arbitrary: Allahabad High Court

The Allahabad High Court has held that Statute 40(3)(b) framed under the Aligarh Muslim University Act, 1920, which requires a two-third majority of the members of the Executive Council present and voting to determine a teacher's employment, is not ultra vires Article 14 of the Constitution. It held that Statute 40 read as a whole gives a teacher a hearing and the benefit of a due inquiry...

Labour Court Must First Decide Fairness Of Domestic Inquiry Before Examining Merits Of Charges: Allahabad High Court

The Allahabad High Court has reiterated that where the termination of a workman on the basis of a domestic inquiry is referred to a Labour Court, the Labour Court must first decide whether the domestic inquiry was fair, and may take up the merits of the charges only after deciding that issue.It held that where the inquiry is found to be unfair, the employer must be granted an opportunity to...

Allahabad High Court Defers Raebareli Bar Treasurer Poll, Orders Examination Of Lawyer's Objection To Voter List Exclusion

The Allahabad High Court last week deferred the election to the post of Treasurer of the Central Bar Association, Civil Court, Raebareli, by 1 week and directed the Elders Committee to examine an advocate's objection against the exclusion of his name from the voters' list after granting him an opportunity of hearing.A Bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary passed the order on a writ petition filed by advocate Anand Kumar Gupta, who challenged the deletion of his...

Courts Can't Direct CBI To Secure Prosecution Sanction: Allahabad High Court Quashes Case Against Ex-DM In Illegal Sand Mining Case

The Allahabad High Court recently observed that a trial court cannot direct the investigating agency, such as the CBI, to ensure that sanction for the prosecution of a public servant is obtained, as such a direction virtually amounts to directing the competent sanctioning authority to grant sanction, which is impermissible in law. A Bench of Justice Raj Beer Singh made the observation while allowing a quashing petition filed by former Saharanpur District Magistrate Pawan Kumar...

Allahabad High Court Upholds Challan For Speeding Above 60 Kmph On Yamuna Expressway, Says State Can Prescribe Lower Speed Limits

The Allahabad High Court has upheld overspeeding e-challans issued to stage carriage bus operators for exceeding the prescribed 60 kmph speed limit on the Yamuna Expressway, holding that the State Government or a competent authority is empowered under the Motor Vehicles Act, 1988 to prescribe road-specific speed limits lower than the maximum limits notified by the Central Government.A...

Lucknow Development Authority Can't Levy Interest On Auction Sale Consideration Before Issuing Allotment Letter: Allahabad High Court

The Allahabad High Court has held that the Lucknow Development Authority (LDA) could not levy interest on the auction sale consideration for the period prior to issuance of the allotment letter to the successful bidder of a plot.It held that under the terms and conditions of the auction, installments became payable only after issuance of the allotment letter, and interest and penal interest...

LiveLaw Allahabad High Court Weekly Round Up: July 20 To July 26, 2026

NOMINAL INDEX Umesh Vidyarthi Versus Madhubala And Another 2026 LiveLaw (AB) 433 Rameshwar Dutt Awasthi v. State of U.P. and 4 others 2026 LiveLaw (AB) 434 Pardeshi v. D.D.C and others 2026 LiveLaw (AB) 435 Bashiran and another v. Smt. Harpal Kaur 2026 LiveLaw (AB) 436 Dinesh Chandra Shukla and 3 others Versus State of U.P. 2026 LiveLaw (AB) 437 Jai Shakti Realcon...

S.125 CrPC | Woman Induced Into Marriage By Concealment Of Husband's Existing Marriage Entitled To Maintenance: Allahabad High Court

The Allahabad High Court recently held that a woman who is induced into marriage by concealment of the husband's existing marriage is entitled to maintenance under Section 125 CrPC even though the marriage between the parties is void.A bench of Justice Garima Prashad noted that a husband cannot be permitted to take advantage of his own wrong and deny maintenance to the woman who had entered...

Allahabad High Court Summons UP Home Secy Sanjay Prasad In Contempt Plea Over Unpaid Compensation, Pending Custodial Death Guidelines

The Allahabad High Court (Lucknow Bench) on Friday summoned Uttar Pradesh Principal Secretary Home Sanjay Prasad to appear in person in a contempt application alleging non-compliance with a Division Bench judgment directing payment of compensation in a custodial death case and framing of guidelines for awarding compensation in such casesDealing with the contempt plea, a bench of Justice...

S.528 BNSS | Can High Court Invoke Its Inherent Powers Suo Motu To Quash Criminal Case In A Complainant's Appeal? Allahabad HC Answers

The Allahabad High Court has clarified that the HC can invoke its inherent powers under Section 528 BNSS (Section 482 CrPC) suo motu to quash criminal proceedings even while dealing with an appeal filed by the complainant where it finds that continuation of the proceedings would defeat the "ends of justice" or amount to an "abuse of the process of any Court".A bench of Justice Subhash...

Wife Needn't File Successive Pleas For Maintenance Recovery: Allahabad High Court Warns Judicial Officers Of Contempt If SC Guidelines Ignored

Clarifying that a wife cannot be compelled to file successive execution applications to recover monthly maintenance, the Allahabad High Court has directed all the Family Court Judges in UP to ensure strict compliance with the Supreme Court judgments on enforcement of maintenance orders, as failure to do so may invite disciplinary as well as contempt proceedings. A bench...