Allahabad High Court
Mere Discrepancy In DOB Without Intent To Deceive Isn't Fraud: Allahabad High Court Quashes Govt School Teacher's Dismissal
The Allahabad High Court has ruled that a mere discrepancy in the dates of birth in different educational records of a government servant, bereft of any element of fraud, misrepresentation, or deliberate concealment, won't be 'fraud or wilful misrepresentation' so as to nullify his appointment. A bench of Justice Manju Rani Chauhan thus quashed the June 2019 dismissal order passed against...
'Investigation Tainted, One-Sided': Allahabad High Court Acquits 2 Men In 1986 Murder Case
The Allahabad High Court last week set aside the life imprisonment of 2 men convicted in a 1986 murder case as it observed that the investigation in the case was "tainted and one-sided". A bench of Justice Chandra Dhari Singh and Justice Devendra Singh-I also found faults with the trial court over its failure to examine the case of the accused-appellants in respect of the cross-case in...
Mere Administrative Exigency Or Convenience Can't Be Ground To Invoke Urgency Clause Under Land Acquisition Act: Allahabad High Court
The Allahabad High Court has held that mere administrative exigency or convenience cannot be a ground to invoke urgency clause under Section 17 of the Land Acquisition Act, 1894. It held that there must be some real and demonstrable urgency which must be recorded with reasons in the notification for invocation of Section 17 of the Act. The bench of Justice Sangeeta Chandra and Justice Brij...
Rejecting Farmers' Welfare Claims Over Delay Without Considering Reasons Violates Natural Justice: Allahabad High Court
The Allahabad High Court has held that non-consideration of claim under the Mukhyamantri Krishak Durghatana Kalyan Yojana beyond the prescribed period of 75 days, violates principles of natural justice especially when such delay is caused due to action/inaction of the State.While dealing with a bunch of petitions were the claim under Mukhyamantri Krishak Durghatana Kalyan Yojana was rejected...
Prior Notice By Police Not Necessary For Property Attachment U/S 106 BNSS: Allahabad High Court
The Allahabad High Court has recently held that for attachment of property by the police under Section 106 of the BNSS, no prior notice is required to be served on the person. It distinguished Section 106 from Section 107 where it specifically provides for the magistrate to issue notice to the person whose property is sought to be attached under Section 107 of BNSS. Section 106 BNSS...
Allahabad High Court Slams KDA For 41-Year Delay In Handing Over Allotted Plot, Directs Chief Minister To Probe Officers' Negligence
The Allahabad High Court has called upon Chief Minister Aditya Yoginath to probe the alleged negligence of KDA officers, responsible for 41 years delay in handing over possession of an allotted land to its now 90-years-old lease holder.Justice Sandeep Jain was dealing with the case of a 90-year old plaintiff who was the highest bidder and the obtained a 999 years lease in 1984 but was not...
Land Acquisition | HC Can Suo Moto Enhance Compensation Even If No Cross-Appeal Is Filed By Landowners: Allahabad High Court
The Allahabad High Court has recently held that High Court has the suo moto power under Order 41 Rule 33 CPC to enhance the compensation even if the land owners do not filed cross appeal.Relying on a 2010 decision of the Supreme Court in Pralhad and others vs. State of Maharashtra, Justice Sandeep Jain held:“It is apparent that the Apex Court in the case of Pralhad (supra) has considered...
'Shockingly Disproportionate': Allahabad HC Quashes ₹2.14 Cr Recovery From Employee; Says No Finding Of Financial Loss Or Personal Gain
Recently, the Allahabad High Court observed that punishment of recovery of Rs. 214.87 lacs from a delinquent employee was “shockingly disproportionate” when there were no findings regarding any financial loss suffered by the department or any monetary gain by the employee due to his misconduct. Justice Saurabh Shyam Shamshery held “There was no charge that department has suffered...
Co-Tenancy Can't Be Allowed Based On Assumption Of Existence Joint Family, Must Prove Plot Is Ancestral: Allahabad High Court
The Allahabad High Court had held that co-tenancy cannot be allowed based on assumption of existence joint family. It held that party must prove plot is ancestral along with identity and continuity of entry. Justice Chandra Kumar Rai held,“… plot in question was not proved to be ancestral as well as identity of plots and continuity of entry of the plot in question has not been established,...
'Dowry Death' Offence Not Attracted On Mere Demand Of Valuables Sans Cruelty/Harassment Nexus: Allahabad High Court
The Allahabad High Court has observed that to attract an offence under Section 304-B IPC (Dowry Death) there should be a 'perceptible nexus' between the death and dowry related harassment or cruelty inflicted upon the victim. A bench of Justice Manish Mathur added that where a mere demand for articles or valuables does not have any nexus with any harassment or cruelty which resulted...
Allahabad High Court Weekly Round-Up: March 30 To April 5, 2026
NOMINAL INDEX Doli vs. Shakuntla Devi 2026 LiveLaw (AB) 151 Shahban And Another v. State Of U.P. Thru. Addl. Chief Secy. Revenue, Lko. And Others 2026 LiveLaw (AB) 152 Ajay Kumar v. State Of U.P. And 3 Others 2026 LiveLaw (AB) 153 Akul Rastogi vs Shubhangi Rastogi 2026 LiveLaw (AB) 154 Anamika Tiwari And 4 Others vs. State of U.P. and Another 2026 LiveLaw (AB)...
Survivor's Testimony Unimpeached, Non-Examination Of Mother Not Fatal: Allahabad HC Upholds Conviction In 1984 Rape Case
The Allahabad High Court on Wednesday upheld the conviction of a man in connection with a 1984 Rape case while relying upon the unimpeached testimony of the survivor.A bench of Justice Manoj Bajaj added that non-examination of the mother of the survivor and another witness who had also arrived at the place of occurrence was not fatal to the case of the prosecution in view of the fact that...