Allahabad High Court
Allahabad High Court Orders UP Govt To Issue Fresh Educational Certificates With Post-Surgery Name & Gender Of Transgender Person
The Allahabad High Court recently set aside an order of the Madhyamik Shiksha Parishad, Bareilly, refusing to correct the name and gender of a transgender person in educational documents. Noting that the Transgender Persons (Protection of Rights) Act, 2019 is a special Act whose provisions are in addition to, and not in derogation of any existing law, the HC directed the...
Passport Delay A Hurdle In Right To Travel; Police Must Finish Verifications In 4 Weeks : Allahabad High Court
To ensure efficiency and accountability in the issuance of passports, the Allahabad High Court recently directed that all police verification reports for passport applications must be completed and submitted within 4 weeks. A Bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi mandated so as it noted that delays in this essential exercise are creating a hurdle in realization...
Second Appeal Under Section 100 CPC Not Maintainable Against Orders Passed In Appeal U/S 104: Allahabad High Court
The Allahabad High Court has held that no appeal shall lie before a High Court on the strength of Section 100 of the Civil Procedure Code, 1908 from orders passed in an appeal under Section 104 CPC.Section 100 CPC provides that an appeal can lie to the High Court from every decree passed in appeal by any subordinate court, so long as the case involves a substantial question of law.Section 104...
'There Is No Raja': Allahabad High Court Proposes Scheme To Reconstitute Balwant Educational Society's Board Amid Family Feud
Dealing with a long standing dispute between family members of Late Raja Balwant Singh of Awagarh for the position on the board of Balwant Educational Society, the Allahabad High Court proposed a scheme for appointment of the children of the brothers on various posts of the Board of the Trust.In the dispute between cousins regarding appointment to Committee of Management of the...
Allahabad High Court Quashes Human Trafficking, Bonded Labour Act Case Against Wife Of Samajwadi Party MLA
The Allahabad High Court last week quashed the charge-sheet, cognizance order and the entire proceedings against the wife of sitting Samajwadi Party MLA who was facing allegations of human trafficking and was also booked under the Juvenile Justice Act, 2015 as well as the Bonded Labour System (Abolition) Act, 1976. A bench of Justice Sameer Jain granted relief to MLA Zaid Beg's...
Indian Succession Act | Probate Not Required For Hindu Wills Concerning Properties Outside S.57(a)(b) Territories: Allahabad High Court
The Allahabad High Court has held that in testamentary succession of a Hindu, if a property does not fall in the territories specified by S. 57 (a) and (b) of the Indian Succession Act, 1925, there would be no requirement for obtaining a probate as under S. 213 of the Act.S. 57 of the Indian Succession Act extends the Act's provisions on wills to Hindus, Buddhists, Sikhs and Jains, in a...
Allahabad High Court Stays Trial Against SP MLA, Wife In Domestic Help Suicide Abetment Case
The Allahabad High Court recently stayed further proceedings in a sessions trial against Samajwadi Party MLA from Bhadohi, Zahid Beg @ Zahid Jamal Beg and his wife (Seema Beg), who have been accused in the suicide abetment case linked to their domestic help. A bench of Justice Sameer Jain passed the interim order while hearing Section 528 BNSS plea filed by the sitting MLA and his...
'Focus On Your Studies': Allahabad High Court Fines Law Student ₹20K Over Baseless Plea Seeking 499/500 Marks In LLB Exam
The Allahabad High Court recently dismissed a writ petition with a cost of Rs. 20K filed by a law student who demanded to be awarded 499 out of 500 marks in her first semester LL.B examination and alleged corruption against Chhatrapati Sahuji Maharaj University, Kanpur. A bench of Justice Saurabh Shyam Shamshery described the petitioner as a 'chronic litigant' as it noted that she...
State Govt Has No Duty To Pay Electricity Dues Of Bar Associations; Advocates Must Bear Costs Of Facilities They Use: Allahabad High Court
The Allahabad High Court has held that the State Government cannot be directed to pay electricity dues of Bar Associations as it observed that while advocates are officers of the Court, they remain a body of private practitioners and must share responsibility for the facilities they use. A Bench of Justice Saumitra Dayal Singh and Justice Indrajeet Shukla thus dismissed a writ...
'SC/ST Act Misused; Fraud Upon State': Allahabad HC Fines Accused ₹5 Lakh For Manipulating Victim; Orders Refund Of Compensation
In a stern order, the Allahabad High Court today came down heavily on both, the 3 victims and the 19 accused, in a case under the SC/ST Act, 1989, after uncovering what it described as a 'serious abuse' of the process of law and a 'gross misuse' of the benevolent provisions of the Act. Dismissing a criminal appeal filed by 19 accused under Section 14-A (1) of 1989 Act SC/ST Act,...
Unmarried Brother Eligible For Compassionate Appointment If Employee's Wife Pre-Deceased Him: Allahabad High Court
The Allahabad High Court recently held that the exclusion of an unmarried dependent brother from the definition of 'family' under Rule 2(c)(iv) of the UP Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 would not apply when the deceased government servant's wife had pre-deceased him.In other words, the Court held that when a deceased government servant's wife...
Allahabad High Court Confers Senior Designation On 90 Lawyers; List Includes 5 Women
After almost 3 years of calling for applications, the Allahabad High Court has conferred Senior Designation on 90 lawyers. In a Full Court held on 5th November, the Allahabad High Court has conferred senior designation on 90 advocates practicing at Allahabad and its bench at Lucknow.1. Ajay Kumar Singh 2. Akhilesh Kumar Srivastava 3. Akhilesh Singh 4. Alka Verma 5. Alok...