Allahabad High Court Weekly Round-Up: September 23 To September 29, 2024

NOMINAL INDEX Vihari And 2 Others vs. State of U.P. and Another 2024 LiveLaw (AB) 589 Rabiya vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another 2024 LiveLaw (AB) 590 Arun Mishra vs. Honble Mrs Justice Sunita Agrawal, The Then Puine Judge Of This High Court Of Judicature At Allahabad 2024 LiveLaw (AB) 591 Kishore Shankar Signapurkar v. State Of U.P. And Anr...

RP Act 1951 | High Court Has No Power To Extend Limitation Period Or Condone Delay In Filing Of Election Petition: Allahabad HC

The Allahabad High Court has observed that under the Representation of the People Act, 1951, it does not possess the power to extend the limitation period or condone delays in filing election petitions.A bench of Justice Samit Gopal also said that the 1951 Act is a code in itself and thus, the Limitation Act, 1963 provisions do not apply to election petitions, and the filing/presentation...

Medical Board's Opinion On Age Only An Estimation, Not Accurate: Allahabad HC Grants Relief To Class 6 Girl Denied Admission For Being 'Overage'

The Allahabad High Court recently set aside an order which had upheld a school's decision to deny admission to a female student in class 6 based on a report which allegedly indicated that she was about 15 years. Noting the authenticity of the student's birth certificate which was questioned by the school to deny admission, the court said that subjecting the student to medical examination...

Application U/S. 34 Of The Arbitration & Conciliation Act Not To Be Dismissed For Non-filing Of Certified Copy Of Arbitral Award If Explanation Provided: Allahabad High Court

The Allahabad High Court bench, comprising Chief Justice Arun Bhansali and Justice Vikas Budhwar has observed that if a certified/signed copy of the award cannot be obtained and filed with an application under Section 34 of the Arbitration and Conciliation Act, 1966, filing a copy of the award along with an explanation would be an appropriate exercise.Background FactsThe appellant filed...

[S. 3(3) Of Interest Act, 1978] Interest Is Payable Only On Principal Sum Not On Interest Awarded By Court: Allahabad High Court

The Allahabad High Court has held that under Section 3(3) of The Interest Act, 1978 interest cannot be imposed on interest award, it is only payable on the principal sum.Advocate Bal Mukund, respondent no. 3, applied for registration in MIG 45/75 type house under Dev Prayagam Scheme of U.P. Awas Evam Vikas Parishad, Allahabad. Rs. 20,000 was deposited as registration amount. Thereafter, he...

After Completing 15 Yrs Service, Employee Can't Be Held Liable For Procedural Lapses In Appointment On Part Of Nagar Nigam: Allahabad HC

The Allahabad High Court has held that the part-time teachers who possess requisite qualifications cannot be denied benefit of the services after 15-16 years of service because of procedural lapses on part of the Nagar Nigam in following in appointment of such-teachers.“Once the candidates had requisite qualification and were selected by the duly constituted Selection Committee,...

Civil Judge Has No Jurisdiction To Entertain Suit Filed U/S 92 CPC Or Under Section 2 Of Religious Endowment Act, 1863: Allahabad High Court

The Allahabad High Court has held that a Civil Judge does not have jurisdiction to entertain a suit filed under Section 92, C.P.C. or under the Religious Endowment Act, 1863.Justice Subhash Vidyarthi held that,“a Suit under Section 92 C.P.C. and Section 2 of the Religious Endowments Act, 1863 in the State of Uttar Pradesh can only be filed in the Court of the Principal Civil Court of...

Absence Of "Ideal Family Relations" Doesn't Prove Allegations Of Cruelty, Courts Must Adjudicate On Facts: Allahabad High Court

The Allahabad High Court has held that Courts can uphold the allegations of cruelty only based on proven facts and evidence. It is not for the Court to imagine ideal family or relations to determine infliction of cruelty, held the Court.The bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh held,“We may stay reminded of the principle that while administering family...

No Transfer Of Immovable Property Via Affidavit: Allahabad HC Imposes ₹10 Lakh Cost On Catholic Diocese, State For Deprivation Of Land For 32 Yrs

Recently, the Allahabad High Court imposed a cost of Rs. 10 lakhs on the Catholic Diocese of Gorakhpur and the UP government, for illegally depriving a man of his property for more than 32 years. The Court held that the transfer of immovable property cannot be done by way of an application or an affidavit under the Urban Land (Ceiling and Regulation) Act, 1976 otherwise it will create...

Allahabad HC Judge Recuses From Hearing Case Where Contempt Action Was Recommended Against Sr. Advocate

On Monday, Justice Sangeeta Chandra of the Allahabad High Court recused herself from hearing a case in which an order was passed last week by a division bench led by her, referring the matter to the Chief Justice for drawing criminal contempt proceedings against a Senior Advocate. It may be noted that the division bench (also comprising Justice Brij Raj Singh) had made the...

Allahabad High Court Adjourns Hearing On PIL For CBI Probe Into LoP Rahul Gandhi's Citizenship Till October 24

On Monday, the Allahabad High Court adjourned the hearing of a Public Interest Litigation (PIL) plea seeking a CBI probe into Congress leader and LoP in LokSabha Rahul Gandhi's alleged British Citizenship. The matter was posted for October 24 after the Deputy Solicitor General of India, Surya Bhan Pandey, sought time to receive written instructions from the Union Home Ministry...

“Why An AIIMS Like Institute Would Not Be Necessary To Be Established In Prayagraj”: Allahabad High Court Seeks State's Response

Recently, the Allahabad High Court has sought response from the State Government of Uttar Pradesh on why establishment of All India Institute of Medical Sciences is not necessary in Prayagraj. In a public interest litigation seeking establishment of AIIMS in Prayagraj, the bench of Justice Manoj Kumar Gupta and Justice Manish Kumar Nigam had earlier sought response from the...