Allahabad High Court
Admission Made In Written Statement Cannot Be Withdrawn By Way Of Amendment Application Made Under Order VI Rule 17 CPC: Allahabad High Court Reiterates
The Allahabad High Court has reiterated that admissions made in written statements cannot be withdrawn by an amendment even in the case of a typographical error or a change in arguing counsel.Opposite party filed a case in the small causes court in which the revisionists had filed a written statement on 05.02.2014. Thereafter, it was found that due to a typographical error, the documents...
Allahabad High Court Dismisses Writ Petition Against Facilitation Council Award For Lack Of Mandatory Pre-Deposit U/S 19 MSME Act
The Allahabad High Court has dismissed a writ petition challenging the award passed by the Zonal Micro and Small Enterprises, Facilitation Council (MSEFC), Meerut Zone, Meerut under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 as the petitioners, Tamil Nadu Generation And Distribution Corporation Limited and others, had refused to make the mandatory...
[UP Minor Minerals Act] Forfeiture Of Deposit Not Authorised Once Letter Of Intent Is Cancelled: Allahabad High Court
While examining the Uttar Pradesh Minor Minerals (Concession) Act, the Allahabad High Court has held that once a Letter of Intent has been issued for a mining lease and a security deposit been made, the relevant authority does not possess the power to forfeit such deposit made by the lessee, upon cancellation of the Letter of Intent.“Upon a consideration of the submissions made and upon...
S.13 Hindu Marriage Act | Once Finding Of Cruelty Recorded, Divorce To Be Granted Irrespective Of Proof Of Desertion: Allahabad High Court
The Allahabad High Court has held that once the finding regarding cruelty has been recorded by the Family Court, marriage between the parties ought to be dissolved. The Court held that only because desertion is not proved, the marriage cannot be restituted.The Court held that the grounds of divorce provided in Section 13(1) of the Hindu Marriage Act are mutually exclusive and if any one of...
S.11 Hindu Marriage Act | Parents Of Husband Can Contest Proceedings For Declaring Marriage Void After His Death: Allahabad High Court
The Allahabad High Court has held that after the death of the husband who had filed for declaration (of marriage as void) under Section 11 of the Hindu Marriage Act, 1955, his parents have a right to pursue the proceedings under Order 22 Rule 3 CPC as such matrimonial disputes include questions of inheritance.While hearing an appeal filed by the wife against the order of the Family Court,...
Prayagraj Lawyers On Strike For 58% Of Working Days: High Court Issues 'Contempt' Show-Cause Notice To District Bar Association
The Allahabad High Court has issued a notice to the President and Secretary of the District Court Bar Association, Prayagraj, to show cause as to why contempt proceedings should not be initiated against them for "obstructing" the proceedings of the District Court Prayagraj for 127 days between 1 July 2023 and 30 April 2024. A bench of Justice Ashwani Kumar Mishra and Justice Mohd....
[Arbitration Act] Arbitrator Obligated U/S 31(5) To Deliver Signed Copies Of Award To Parties, Irrespective Of No Specific Requests: Allahabad High Court
The Allahabad High Court has held that the arbitrator is obligated to deliver signed copies of arbitral award to each party to the arbitration. It has been held that irrespective of the fact that no specific request has been made by the parties for certified copy of the award, the arbitrator must deliver the award in terms of Section 31(5) of the Arbitration and Conciliation Act,...
'Prosecution Couldn't Prove Case Beyond Reasonable Doubt': Allahabad HC Acquits 3 Convicts In 44 Year Old Murder Case
The Allahabad High Court recently set aside the conviction of three murder convicts sentenced to life imprisonment by a Sessions Court in June 1982 on the ground that the prosecution failed to prove the case beyond a reasonable doubt. A bench of Justice Siddhartha Varma and Justice Vinod Diwakar passed this order while allowing the criminal appeal filed by three convicts, two of whom...
Valid Electricity Connection Cannot Be Disrupted Indefinitely While Replacing Overhead Wires With Underground Cables: Allahabad High Court
Recently, the Allahabad High Court has observed that disruption of valid electricity connection cannot be done indefinitely only because overhead wires were to be replaced with underground cables.While widening the roads under the Smart City Development Project in Moradabad, the respondent authorities had removed several overhead wires, which lead to disruption of electricity supply to the...
Allahabad HC Directs Continuance Of Service By All Retiring Presidents, Members Of UP District Consumer Forum Till Supreme Court's Decision
While entertaining a Public Interest Litigation seeking continuance of service by all retiring Presidents and Members of the District Consumer Disputes Redressal Commission of Uttar Pradesh till fresh appointments on the said posts are made, the Allahabad High Court has directed that the present members of the District Consumer Forum must continue on their posts till the decision of the...
Allahabad HC Raps ED Over 'Utter Failure' To Probe Multi-Crore 'Shine City Scam' Properly, Seeks Progress Report
Piqued over the Enforcement Directorate's (ED) failure to properly investigate the multi-crore Shine City Scam Cases, the Allahabad High Court on Friday strongly criticised the ED, Serious Fraud Investigation Office (SFIO), and Uttar Pradesh Police's Economic Offences Wing (EOW) and called for their status report showing the progress of the investigation in this matter."This Court feels that...
Provisions Of Rent Control Act Inapplicable In Determining Mesne Profits Once Tenancy Is Terminated U/S 106 Of Transfer of Property Act: Allahabad High Court
The Allahabad High Court has held that once tenancy is terminated under Section 106 of the Transfer of Property Act, 1882, provisions of the Rent Control Act would not apply in determining mesne profits with regard to rent payable for the property. It was held that the prevalent market rate would be considered while determining the rate for the mesne profit.Justice Neeraj Tiwari held that...