[MMDR Act] Formation Of District Mineral Foundation Is Beneficial Legislation, Must Be Construed Liberally: Allahabad High Court

The Allahabad High Court has held that formation of District Mineral Foundations vide Section 9-B of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) is a beneficial legislation and must be construed liberally for those who are affected negatively by mining operations.The bench of Justice Saral Srivastava and Justice Amitabh Kumar Rai held“The object behind creating DMF can be discerned from Rule 3 of Rules, 2017 that it is a benevolent provision inserted with an object...

“Very Sorry State Of Affairs”: Allahabad High Court Raises Concern Over State Not Engaging AG In 2016 Case Despite Court Orders

While hearing a 2016 plea challenging vires of a state tax amendment, the Allahabad High Court observed that the State had not request the Advocate General (AG) to appear in the matter for the past several appears and he was requested to appear only in November.Further the court noted that there was no Nodal Officer in the office of Chief Standing Counsel to coordinate with the office of AG, and it also expressed concern at the AG not appearing on video conferencing in the matter despite an...

U.P. Intermediate Education Act | No Provision To Re-Evaluate Answer Sheets On Presumption Of Students Scoring Higher Marks: Allahabad HC

Recently, the Allahabad High Court has held that there is no provision under the U.P. Intermediate Education Act, 1921 for re-evaluation of answer sheets based on the students presumption that he/ she would get a higher score if re-evaluation is done.Petitioner appeared in Intermediate examinations. Being unsatisfied with the marks, she applied for scrutiny in Hindi and Biology papers. Upon seeing the answer-sheets, petitioner was sure that she would have scored higher in the subjects and...

Caveat Procedure In Board Of Revenue Faulty: Allahabad High Court Issues Broad Guidelines

The Allahabad High Court has issued broad guidelines for issuing notice on caveats in the Board of Revenue in the State of U.P.Noticing the hassles in cases where outstation counsels are involved, Justice J.J. Munir observed “We are of opinion that in order to avoid many a possible hassle, an outstation Counsel, appearing in the matter, may be required by the Board to have a counterpart of his, resident at the station where the Bench of the Board is located, that is to say, the Bench where the...

Interim Maintenance Too Must Be Granted From Date Of Application: Allahabad High Court; Decries Delays In Deciding Cases

Observing that it is a sad reality that applications for interim maintenance remain pending in courts for a long time, the Allahabad High Court recently remarked that permitting a woman to live in penury, while her application is decided, cannot be the intent of the law. The Court emphasized that pendency of the proceedings in Court, without any order in favor of the litigant, should not be to the disadvantage of the litigant. It added that, as with the final maintenance orders, interim...

Allahabad High Court Imposes ₹20 Lakh Cost On State For Illegal Demolition, Ex-Parte Mutation Of Revenue Records

Passing an order during vacations, the Allahabad High Court has imposed a cost of Rs. 20 lakhs on the State of U.P. for illegally demolishing structure on petitioner's property and passing an ex-parte order mutating the revenue records in respect of petitioner's property.While imposing the cost, Justice Alok Mathur observed “Mere setting aside of the impugned order will not be sufficient...

Special Appeal Against Transfer Order Under Section 24 CPC Not Maintainable As It Is Not A 'Judgment': Allahabad High Court

The Allahabad High Court has held that special appeal against an order on transfer applcation under Section 24 of CPC is not maintainable under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 as such an order is not a judgment.The bench of Justice Rajan Roy and Justice Prashant Kumar held “an order passed under Section 24 CPC is not a judgment, therefore, an appeal is not...

Wife Outshines 'Uncle' In 'Closest Legal Heir Test' Under Section 2 (Wa) CrPC: Allahabad High Court

Recently, the Allahabad High Court has held that the wife will outshine 'uncle' in 'closest legal heir test' under Section 2 (wa) of Cr.P.C.Section 2(wa) of CrPC defines 'victim' as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal heir. In...

UP Bar Council Elections | Allahabad High Court Rejects Plea Against Nomination Of Advocate Facing Contempt Charges

The Allahabad High Court recently dismissed a writ petition challenging the nomination of Advocate Naresh Chandra Tripathi for the upcoming Uttar Pradesh Bar Council elections. A bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi observed that the framing of contempt charges by a seven-judge Bench of the High Court was merely a prima facie view and did not amount to...

Allahabad High Court Annual Digest 2025: Part 1 [Citations 1 - 299]

[NOMINAL INDEX PROVIDED AT THE BOTTOM]Husband Can't Claim Ownership Of Wife's Body, Privacy, Her Consent Paramount; Sharing Intimate Acts' Video A Breach Of Trust: Allahabad HCCase title – Brijesh Yadav @ Brijesh Kumar Vs. State Of U.P. And Another 2025 LiveLaw (AB) 1Case citation: 2025 LiveLaw (AB) 1The Allahabad High Court has observed that it is high time for husbands to shed the...

Registered Adoption Deed Presumed To Be Genuine Unless Disproved In Independent Proceedings: Allahabad High Court

Recently, the Allahabad High Court has held that a registered adoption deed must be presumed to be in compliance of law unless specifically disproved in independent proceedings.Section 16 of the Hindu Adoption and Maintenance Act provides that when a registered adoption deed is produced in a court of law where the sign of the party giving the child and the party adopting the child are...

Highest Officer In State Dept Liable For Contempt If Non-Compliance Of Court Order Is Due To Confusion In Admin Machinery: Allahabad HC

Recently, the Allahabad High Court has held that the highest officer in a government department will be liable for contempt proceedings against him/ her is a writ court order is not complied with due to confusion in administrative machinery. Holding that Chief Secretary, Government of Uttar Pradesh will be liable for contempt in cases relating to the Land Acquisition Act 1984 as...