Allahabad High Court
Allahabad High Court Imposes Rs. 2 Lakh Cost Each On Three For Making Incorrect Statements On Oath About "Very Senior Advocate"
The Allahabad High Court has imposed a cost of Rs. 2 lakh each on three petitioners who falsely stated on affidavit that their previous counsel refused to give a no objection certificate for engaging another counsel.The petitioners field an affidavit in Court stating that they are not satisfied with the work of their earlier counsel and they had approached him to obtain No Objection, but...
Public Employment Attained By Submitting Forged Educational Certificate Is "Void Ab Initio": Allahabad High Court
The Allahabad High Court, while entertaining the writ petition of a retired teacher, has held that public employment secured by providing a forged educational certificate would be null and void to begin with, disentitling such an employee from post-retiral benefits.Justice Subhash Vidyarthi held,“….a person who secures an appointment by submitting a forged educational certificate, is...
236 Applications For Senior Designation Pending: Allahabad HC Observes While Dismissing Challenge To 2019 Senior Designations
While dismissing challenge to 2019 Senior Designations conferred by the Allahabad High Court on various advocates, the bench comprising of Justice Saumitra Dayal Singh and Justice Donadi Ramesh observed that 236 applications for senior designation are pending before the High Court which are to be processed.Observing that even though Supreme Court has held that Senior Designations should...
Allahabad High Court Asks Deputy Police Commissioner To File Personal Affidavit For Exercise Of Extraordinary Power In Dismissing Head Constable
In an interim order, the Allahabad High Court has directed the Deputy Commissioner of Police, Gautam Buddh Nagar to file an affidavit giving reasons for exceeding his authority under Rule 8(2)(b) of the U.P. Police Officers of Subordinate Rank (Punishment and Appeal) Rules, 1991.The Deputy Commissioner of Police had by order dated 07.08.2024, ordered the dismissal of the petitioner, a...
Allahabad HC Orders FIR Against Man Accused Of Marrying 12 Y/O Girl, Hands Him Over To Police From Court Premises
In a significant order, the Allahabad High Court on Tuesday detained a man and handed over his custody to the police (directly from the court premises) after it was discovered that he had married a 12-year-old girl. Filing a protection plea, the man (accused-husband) had approached the court with the girl, falsely claiming she was 21 years old while seeking a directive...
Allahabad High Court Seeks UP Govt's Reply On Effective Implementation Of GOs Banning Chinese Manjha Across State
The Allahabad High Court has sought the responses of the Home Department and Department of Environment in the State of UP to apprise the court about the mechanisms in place for the effective implementation of government orders that prohibit the manufacture, storage, use, and sale of synthetic Manjha, lead-coated nylon kite strings (patang dori), and Chinese Manjha in the state. The...
Co-Accused Can't Be Implicated U/S 149 IPC If There Is No Meeting Of Mind Concerning Any Common Object: Allahabad HC
The Allahabad High Court has observed that when the other co-accused were not present at the scene and when there was no meeting of mind concerning any common object, the co-accused could not be implicated under Section 149 IPC. For context, Section 149 IPC makes every person who is a member of unlawful assembly at the time of committing the offence guilty of that offence. A...
Impact Of Delayed Receivables From AE Already Factored In Working-Capital: Allahabad HC Directs TPO To Adjudicate Interest On Receivables
The Allahabad High Court recently reiterated that once working capital adjustment is granted to assessee, there is no need for further imputation of interest on outstanding receivables at the end of the year, as the same gets subsumed in working capital adjustment. The Division Bench comprising Justice Shekhar B. Saraf and Justice Manjive Shukla reiterated that “In respect...
Recreational Gaming Activities Such As Poker Or Rummy Are Games Of Skill, Not Gambling: Allahabad High Court
Recently, the Allahabad High Court reiterated that “Poker and Rummy are absolutely a game of skill and not gambling.”Petitioner approached the High Court against the order passed by the office of the D.C.P. City Commissionerate, Agra by which it was denied permission to establish a gaming unit for rummy and poker. Counsel for the petitioner relied on the decision of the Supreme Court in...
No Spouse Expected To Continue Matrimonial Relationship At Risk Of Malicious Criminal Prosecution: Allahabad High Court
The Allahabad High Court has held that under Section 13 of the Hindu Marriage Act, 1995 (Uttar Pradesh Amendment) a spouse cannot be expected to continue a matrimonial relationship at the risk of malicious criminal prosecution as it may lead to loss of dignity and reputation, apart from other consequences like being arrested.The bench comprising Justice Saumitra Dayal Singh and Justice...
Not Mandatory For Widowed Daughter-In-Law To Live In Matrimonial Home To Claim Maintenance From Father-In-Law: Allahabad High Court
The Allahabad High Court has observed that agreeing to live in a matrimonial home is not a condition precedent for a widowed daughter-in-law to seek maintenance from her father-in-law. It was observed that a widowed woman choosing to live with her parents will not lead to the conclusion that she separated from her matrimonial home.The bench comprising Justice Saumitra Dayal Singh and...
Family Court Refused To Sever Ties Between Parties Living Separately For A Decade, Showed Disregard For Their Feelings & Emotions: Allahabad HC
The Allahabad High Court has held that where there is long period of separation, a decade in this case, the Family Court cannot refuse to grant decree of divorce and disregard the emotions and feelings of the parties who are no longer affectionate towards each. The bench comprising of Justice Rajan Roy Singh and Justice Subhash Vidyarthi held“By refusing to severe the tie between the...