Allahabad High Court Weekly Roundup: June 24 - June 30, 2024

Dr. Ifraq @ Mohammad Ifraq Husain vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 410

Kasturi Devi Sheetalaya Pvt Ltd And Another v. The Presiding Officer Debt Recovery Tribunal And Another 2024 LiveLaw (AB) 411

Hem Chandra v. State Of U.P. And 3 Others 2024 LiveLaw (AB) 412

Rammilan Bunkar vs. State of U.P and connected appeals 2024 LiveLaw (AB) 413

Maharaj Kumari Vishnupriya v. State of U.P. and 2 Ors. 2024 LiveLaw (AB) 414

Kailash v. State of UP 2024 LiveLaw (AB) 415

Orders/Judgments of the Week

Allahabad HC Denies Relief To Man Who Secretly Took Daughter's Blood Sample For Private DNA Test To Deny Paternity, Avoid Maintenance

Case title - Dr. Ifraq @ Mohammad Ifraq Husain vs. State Of U.P. And 3 Others

Case citation: 2024 LiveLaw (AB) 410

The Allahabad High Court denied relief to a man, a doctor by profession, who secretly took his daughter's blood sample for a private DNA test to challenge her paternity, avoid paying maintenance to her and to show that her wife was living in adultery.

Calling the said DNA report obtained by the applicant “nothing but trash”, which cannot be relied upon, a bench of Justice Rahul Chaturvedi dismissed the man's plea to order a fresh DNA test of the applicant and his daughters.

Order On Miscellaneous Applications U/S 17 Regarding Court Fee Is Appealable U/S 18 SARFAESI Act: Allahabad High Court

Case Title: Kasturi Devi Sheetalaya Pvt Ltd And Another v. The Presiding Officer Debt Recovery Tribunal And Another 2024 LiveLaw (AB) 411 [WRIT - C No. - 18388 of 2024]

Case citation: 2024 LiveLaw (AB) 411

The Allahabad High Court has held that order on miscellaneous application regarding the court fee is appealable under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

Justice Ajit Kumar held that Section 18 of the SARFAESI Act, which provides for appeals, does not specify that appeals can only be filed against final orders and not interlocutory orders. Observing that order under Section 17 may be interlocutory in nature, the Court held that remedy of appeal under Section 18 ought to be availed against such orders.

Acquisitions Made Under UP Avas Vikas Act But Not Finalized Till January 1, 2014 Are Governed By Land Acquisition Act 2013: Allahabad HC

Case Title: Hem Chandra v. State Of U.P. And 3 Others 2024 LiveLaw (AB) 412 [WRIT - C No. - 12796 of 2024]

Case citation: 2024 LiveLaw (AB) 412

The Allahabad High Court has held that acquisitions made under U.P. Avas Evam Vikash Parish Adhiniyam, 1965 prior to commencement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 which have not been finalized till 01.01.2014 shall be governed by the Act of 2013 for the purposes of determination of compensation to the landowners.

Section 55 of the U.P. Avas Evam Vikash Parish Adhiniyam, 1965 empowers the Board, thereunder, to acquire any land for any purpose under the Adhiniyam as per the provisions of the Land Acquisition Act, 1894.

Mechanical Addition Of S. 302 IPC 'Unsustainable': Allahabad HC Explains When Trial Courts Can Add Murder Charge In Dowry Death Cases

Case title - Rammilan Bunkar vs. State of U.P and connected appeals 2024 LiveLaw (AB) 413

Case citation: 2024 LiveLaw (AB) 413

The Allahabad High Court recently took exception to the routine and mechanical addition of Section 302 of the IPC (Murder) by trial court judges in the state to the cases already involving dowry death and dowry-related inhuman treatment without any supporting material.

A bench of Justice Rahul Chaturvedi and Justice Mohd. Azhar Husain Idrisi observed that the mechanical addition of a murder charge (Section 302 IPC) to the cases involving dowry death and dowry-related inhuman treatment was making the situation “more grim and serious”.

[Domestic Violence Act] Permissible Amendments, Additional Reliefs U/S 12 Can Be Sought By Fresh Application U/S 23: Allahabad High Court

Case Title: Maharaj Kumari Vishnupriya v. State of U.P. and 2 Ors. 2024 LiveLaw (AB) 414 [MATTERS UNDER ARTICLE 227 No. 8348 of 2023]

Case citation: 2024 LiveLaw (AB) 414

The Allahabad High Court has held that amendments and additional reliefs permissible under Section 12 of the Protection of Women from Domestic Violence Act, 2005, would be maintainable in the form of a fresh application under Section 23 of the Protection of Women from Domestic Violence Act, 2005.

“Where in the application under Section 12, permissible amendment in view of subsequent developments or otherwise is made and additional permissible relief is sought, a fresh application under Section 23 would be maintainable,” held Justice Jayant Banerjee.

India's Majority Population Would Be In Minority One Day If Conversions In Religious Congregations Not Stopped: Allahabad HC

Case title - Kailash v. State of UP 2024 LiveLaw (AB) 415

Case citation: 2024 LiveLaw (AB) 415

The Allahabad High Court observed that if the current trend of conversions during religious congregations is permitted to continue, the majority population of the country could eventually find itself in the minority one day.

With this observation, a bench of Justice Rohit Ranjan Agarwal stated that the religious congregations, where conversions are occurring and where the religions of the citizens of India are being changed, should be immediately stopped.