Allahabad High Court
Legal Aid Or At Least Hearing Mandatory Before Framing Charges Against Accused In Custody: Allahabad High Court
Recently, the Allahabad High Court has held that when the accused is in judicial custody, he/she must be provided a legal counsel by the Trial Court for filing discharge application and if the accused refuses such counsel, then a hearing must be afforded on question of framing of issues with assistance of a legal counsel. Referring to Sections 262 and 263 of BNSS, Justice Ram Manohar...
Transfer Of Maintenance Proceedings From Family Court To Gram Nyayalaya Valid: Allahabad High Court
The Allahabad High Court has upheld the transfer of maintenance proceedings from Family Court to the Gram Nyayalayas under Section 16 of the Gram Nyayalayas Act, 2008. Observing that the provisions, under which the order of the transfer of maintenance proceedings from Family Court to Gram Nyayalaya was passed, were not challenged, the bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi held,“applying the settled principle that a later enactment prevails over an earlier enactment in case...
Allahabad High Court Weekly Round-Up: March 23 To March 29, 2026
NOMINAL INDEX Shailesh Kumar Yadav Ips vs. Union Of India And Others 2026 LiveLaw (AB) 127 State Of U.P. Thru. Addl. Chief Secy. Tax And Registration Deptt. U.P. Govt. Lko And Another vs. Anshul Jagannath 2026 LiveLaw (AB) 128 Lakshmi And 10 Others Versus State of U.P. and others 2026 LiveLaw (AB) 129 Bihari Lal vs. State Of U.P. And 4 Others 2026 LiveLaw (AB)...
Allahabad High Court Summons Husband's ITRs To Determine Income, Remands Matter To Trial Court To Decide DV Case
Recently, the Allahabad High Court summoned the income tax returns of a woman's husband for ascertaining his income.In proceedings under the Domestic Violence Act, the wife-applicant had filed an application seeking production of the income tax returns of the husband as he had disputed being an architect and claimed to be a labour. The Trial Court rejected the application under Section 91 of...
Wife Absolute Owner Of 'Streedhan'; Husband May Use But Has Obligation To Restore It: Allahabad HC Quashes 406 IPC Case Against Wife
The Allahabad High Court has observed that a woman is the absolute owner of her 'streedhan' property and a legally wedded wife can't face a criminal trial for alleged breach of trust under Section 406 IPC for allegedly taking it away. A bench of Justice Chawan Prakash observed that properties given to a woman before, at the time of, or after marriage constitute her 'streedhan' and do not become the joint property of the husband and wife. Importantly, the Court clarified that a wife...
Hindu Husband's Obligation To Maintain Wife Attaches Even After Death; Widow Can Claim From Father-In-Law: Allahabad HC
The Allahabad High Court has observed that a husband's obligation to maintain his wife continues even after his death, and the widow can claim maintenance from her father-in-law. "It is well settled that a husband is obliged to maintain his wife. This position has emanated from situations, where the spouses have separated and the wife has sought for maintenance, either on the criminal side or under maintenance provisions in Hindu law. So much so, this obligation of the husband to ...
COVID Death Must Be Backed By Test Report Or Certificate For Seeking Compensation: Allahabad High Court
The Allahabad High Court has held that for seeking compensation due to death COVID-19, it is necessary to produce the test reports which prove that the deceased had COVID-19 or a death certificate which records that the deceased died due to COVID-19 infection. While rejecting a claim for compensation for death due to COVID-19 allegedly contracted while on election duty, the bench of Justice Ajit Kumar and Justice Garima Prashad held that for award of compensation, “A claimant must establish a...
Allahabad High Court Upholds Eviction Order Against Mosque Built On Govt Land, But Quashes Penalty Under Revenue Code
Recently, while holding that the mosque in question was illegally constructed on the Gram Sabah land which was recorded as 'Khalihan' in the revenue records, the Allahabad High Court removed penalty imposed under U.P. Revenue Code, 2006 against the present mosque occupants as there was no material to link them to the construction of the mosque and did not have any title, right or interest in...
No Need To Appoint Guardian In Case Of Hindu Minor's Interest In Undivided Joint Family Property: Allahabad High Court
The Allahabad High Court has held that in case of a Hindu minor's interest in the undivided joint family property, no guardian can be appointed to manage such interests. It held that the same will be taken care by the adult member of the family, as per Section 12 of the Hindu Minority and Guardianship Act, 1956Justice Rohit Ranjan Agrawal held“it is clear that in case a minor has an interest...
No One Can Make An Honour Issue Out Of An Adult Marrying A Person Of Their Choice: Allahabad High Court
The Allahabad High Court recently observed that no individual can make an "honour issue" out of a consenting adult marrying a person of their own choice. The Court added that it is the State's duty to protect the life, limb, and property of such persons, even against their own family members. A bench of Justice JJ Munir and Justice Tarun Saxena made these observations while...
Can State Seal A Mosque Without Prior Notice? Allahabad High Court Seeks UP Govt's Response
The Allahabad High Court has sought a response from the Uttar Pradesh government to explain the authority under which it can seal a Mosque, especially whether it can do so without prior notice. A bench of Justice Atul Sreedharan and Justice Siddharth Nandan questioned the UP Govt while hearing a writ petition filed by Ahsan Ali. It is the petitioner's case that he is the lawful owner...
Wives Generally Exaggerate Husband's Income In Maintenance Pleas; It Doesn't Automatically Warrant Perjury Action: Allahabad HC
The Allahabad High Court has observed that it is common knowledge that a wife generally exaggerates her husband's income in maintenance proceedings, but such exaggerated statements do not automatically warrant the initiation of perjury proceedings against her under Section 340 CrPC. A bench of Justice Raj Beer Singh passed this order while dismissing a criminal appeal filed by a...