Allahabad High Court
[U.P. Intermediate Education Act, 1921] Allahabad HC Upholds Maintainability Of Service Writ Against Termination Order By Unaided Institution
Recently, the Allahabad High Court upheld the maintainability of the writ petition under Article 226 of the Constitution of India against termination order passed by an unaided institution which is recognized under Section 7-A of the U.P. Intermediate Education Act, 1921.Distinguishing the judgment of Supreme Court in St. Mary's Education Society and another vs. Rajendra Prasad Bhargava...
No Provision To Notify Changed Criteria Beforehand: HC Sets Aside 50K Cost On Allahabad University For Altering Admission Criteria After Closing Registration
The Allahabad High Court has set aside a Single Judge order by which compensation of Rs. 50,000/- was granted to respondent-petitioner for non-admission to M.A. in Women Studies since the admission criteria were changed subsequent to the closure of registration forms.The bench comprising of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that the new criteria suggested by...
Property Where Accused Resides But Does Not Own, Including Rented Premises, Can't Be Attached U/S 83 CrPC: Allahabad HC
The Allahabad High Court recently clarified that under Section 83 of the CrPC CrPC, only property directly belonging to an accused or owned by him can be attached. The court emphasized that properties where the accused resides but does not own, such as rented residences, are excluded from such attachments. With this observation, a bench of Justice Abdul Moin set aside an order...
Unrebutted Evidence Of Minor Daughter Substantiating Allegations Of Cruelty Meted Out To Mother Sufficient To Grant Divorce: Allahabad HC
The Allahabad High Court has held that unrebutted evidence of minor daughter substantiating allegations of cruelty made by the mother sufficient ground for divorce under Section 13 of the Hindu Marriage Act.Parties got married in 1999 and had two children in 2000 and 2003, respectively. Before the Family Court, it was established that the parties cohabited till 2011. While living in South...
Woman's Decision To Continue Pregnancy Or Go For Its Termination: Allahabad High Court On 32 Weeks Pregnancy Of 15-Yr-Old
While dealing with a case of 15 years old pregnant rape victim, the Allahabad High Court has held that it is a woman's decision whether to continue pregnancy or go ahead with medical termination of pregnancy.Allowing continuation of pregnancy after counselling the victim and her parents of the risks involved with medical termination at 32 weeks pregnant, the bench comprising of Justice Shekhar...
Allahabad High Court Sets Aside Part Of Award Dealing With Non-Arbitrable Dispute
The Allahabad High Court has held that disputes regarding works undertaken by party independent of the contract which contains the arbitration agreement cannot be determined under such arbitration agreement.Section 70 of the Contract Act, 1872 provides that a party is bound to compensate the other party for the work done by the latter party when there was no intention to do the...
PIL In Allahabad HC Against Varanasi Municipal Corporation's Order To Close Non-Veg Shops Along 'Kanwar' Route
A Public Interest Litigation (PIL) plea has been moved before the Allahabad High Court challenging the directive of the Varanasi Municipal Corporation to close down all meat and poultry shops along the Kanwar Yatra route for the entire month of 'Saawan'.The National Loktantrik Party, through its National President (Executive) Mohammad Suhail, has moved the PIL plea to quash the impugned...
Ex-IPS Officer Amitabh Thakur Moves Allahabad HC Against Union Govt's 'Samvidhaan Hatya Diwas' Notification
Former Indian Police Service (IPS) officer Amitabh Thakur has filed a Public Interest Litigation (PIL) petition in Allahabad High Court challenging the Central government's recent notification declaring June 25, the day Emergency was imposed in the country in 1975, as 'Samvidan Hatya Diwas'.The PIL plea submits that using the words "Samvidhan Hatya" is improper and incorrect and is "bound to...
'Deplorable': Allahabad HC Imposes ₹2 Lakh Cost On Lucknow University For Wrongfully Withholding Student's 3rd Yr Results, Ruining Her Future
Recently, the Allahabad High Court has imposed a cost of Rs. 2 lakhs on Lucknow University for passing arbitrary orders against the petitioner-student ruining her career.Observing that the order of the cancellation of her examination of 2009 was passed in 2012 but was never communicated to the petitioner, Justice Alok Mathur held that “The matter directly pertains to the educational future...
Writ Plea Against Advocate General's Refusal To Grant Nod For Criminal Contempt Proceedings Isn't Maintainable: Allahabad HC
The Allahabad High Court has said that a writ plea challenging the Advocate General's refusal to grant permission for initiating criminal contempt proceedings is non-maintainable. A bench of Justice Shekhar B. Saraf and Justice Manjive Shukla observed this while referring to the Supreme Court's order in P.N. Duda v. P. Shiv Shanker and Others, 1988, wherein it was held that in cases of refusal...
Appear In-Person With 'Detenue': Allahabad HC Summons Panipat (Haryana) SP, SHO Over Failure To Trace Missing 13 Y/O Boy
The Allahabad High Court on Monday directed the Superintendent of Police, Panipat (Haryana), and the Station House Officer [Police Station-Chandni Bagh in Panipat] to appear in person before the Court on August 5, along with a missing 13-year-old boy. The directive was issued by a bench of Justice Shamim Ahmed while hearing a habeas corpus petition filed by one Veena Devi, the...
Procedure For Service Of Summons On Corporate Bodies/Firms | Allahabad HC Explains Difference Between S. 63 CrPC & S. 65 BNSS
In light of the provision contained under Section 65 of the recently introduced Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the Allahabad High Court earlier this month observed that summons of a company or corporation could now also be served through the Director, apart from the Manager, Secretary, and other Officers of the company, including the firm's partner. A bench of...