Allahabad High Court
Civil Imprisonment Over Default Doesn't Absolve Husband's Liability To Pay Monthly Maintenance: Allahabad High Court
The Allahabad High Court has categorically held that committing a person to a civil prison for default in paying maintenance to his wife or children does not absolve him of his legal liability to pay further monthly maintenance arrears. A bench of Justice Praveen Kumar Giri clarified that the doctrine of double jeopardy under Section 300 CrPC is entirely inapplicable to the execution of maintenance orders under the Protection of Women from Domestic Violence Act, 2005. The...
Absence Of Notice U/S 24 CPC Not Fatal To Transfer Unless Prejudice Shown: Allahabad High Court
The Allahabad High Court has held that not issuing notice under Section 24 CPC before transferring a suit does not vitiate the transfer unless prejudice can be demonstrated by the party. Section 24 CPC provides for transfer of suits, appeals or any other proceedings pending before the High Court or District Courts to another forum on application made by any of the parties or on its own motion. It provides that such transfer must be done after issuing notice ot the parties and after hearing them....
Allahabad HC Orders Action Against 'Illegal' Advocate Chambers In Lucknow, Says Prior Notice Isn't A Must For Public Land Encroachment
Taking a serious view of massive illegal encroachments by advocates near the District and Sessions Court premises (Old High Court) in Lucknow, the Allahabad High Court has directed authorities to take appropriate action for the removal of the same. Though the Lucknow Nagar Nigam submitted that it would have to serve notices on the concerned persons to remove the encroachments, the High Court observed that immediate action can be taken in cases where illegal, unauthorised encroachment is on...
Don't Blame Bench Or Bar: Allahabad High Court Flags 'Obnoxious' Litigant Tactic To Stall Appeal Hearings After Getting Bail
The Allahabad High Court has strongly called out and condemned the "obnoxious tendency" among litigants to secure bail in criminal appeals and subsequently instructing their lawyers not to appear for final hearings.The Court remarked that in seminars, when the causes of delays in Courts are debated, the role of the litigants is mostly discounted, and the litigant is seen as a helpless man in...
Allahabad HC Notifies Fresh Roster Across Multiple Benches; Justice Sreedharan To Now Hear Family Appeals, Senior Citizen Act Matters
The Allahabad High Court last week notified a new Constitution of Benches/roster, which came into effect today. The administrative order passed on March 19 under the orders of Chief Justice Arun Bhansali has made significant changes across multiple divisions and Single Judge Benches. The notification supersedes the previous roster, which had been in effect since January 5, 2026. In...
Bonafides Of Explanation For Condonation Of Delay Must Be Ascertained First: Allahabad High Court
The Allahabad High Court has held that while delay with delay condonation, the Court must first ascertain the bona fides of the explanation furnished by the party seeking such condonation. While dealing with an appeal, filed with a delay of 654 days, against a judgment declaring a marriage void, the bench of Justice Arindam Sinha and Justice Satya Veer Singh held,“The Court owes a duty to...
Preliminary Issue Can't Be Raised 18 Years After Framing Of Issues In Suit: Allahabad High Court
The Allahabad High Court has held that preliminary issue in a suit cannot be raised 18 years after framing of issues in a trial. Justice Manish Kumar Nigam held,“Plea regarding maintainability of suit is required to be raised at the first instance in the pleading (written statement), then only such plea can be adjudicated by the trial court on its merit as preliminary issue under Order XIV...
Bypassing Regular Appointments Through Long-Term Outsourcing Is Unfair: Allahabad High Court Says State Must Not Be Exploitative
The Allahabad High Court last week strongly deprecated the practice of public employers bypassing regular recruitment by continuously engaging staff through outsourcing agencies. Observing that such a system provides wide "room for exploitation and unfairness", a bench of Justice Vikram D Chauhan directed the Bareilly Nagar Nigam to consider regularising a Computer Operator who has been...
UP Revenue Code | SDM's Duty To Protect Allottee's Possession Continues Beyond Initial Allotment: Allahabad High Court
The Allahabad High Court has held that under Section 65 of the U.P. Revenue Code, 2006, the Sub-Divisional Officer/ Sub-Divisional Magistrate is required to protect the possession of the allottee as long as the title of the property vests in the State. It held that the job of the SDO does not end at after allotment of initial possession but continues till the State has title over the...
Ex-Parte Divorce Decree Can't Be Set Aside After Spouse's Death: Allahabad High Court
The Allahabad High Court has held that an ex-parte divorce decree cannot be set aside after spouse's death. The bench of Justice Arindam Sinha and Justice Satya Veer Singh relied on Smt. Yallawwa vs. Smt. Shantavva (1997) where the Supreme Court gave directions regarding maintainability of the application for setting aside the ex-parte decree in the matrimonial case against a deceased...
Allahabad High Court Cancels Bail Over Allegations That POCSO Accused's Repeated Molestation Post Release Led To Minor's Suicide
The Allahabad High Court recently cancelled the bail of a POCSO Accused who allegedly started harassing and threatening the minor victim after his release on bail, due to which she died by suicide.Noting that prima facie the allegations under Section 108 BNS have been substantiated during the investigation, a bench of Justice Brij Raj Singh cancelled the bail of the accused,...
Allahabad High Court Orders Safe Custody Of Disputed Jain Idol In Prayagraj Central Museum
The Allahabad High Court has recently directed that an idol discovered in Etah, which belongs to Jains to be kept in the Central Museum, Prayagraj and an expert committee be constituted which can determine the character and nature of the idol with reference to the Jain Community.In a dispute between Digambar and Shwetambar sects of the Jain community regarding claims over the idol, the bench...