Allahabad High Court
Allahabad High Court Strikes Down 2004 Amendment To S.169(3) UPZALR Act Mandating Registration Of Wills
The Allahabad High Court has struck down the 2004 amendment to Section 169(3) of the U.P. Zamindari Abolition & Land Reforms Act, 1950 to the extent that it mandates for registration of Wills. The Court held that the mandate to register Wills is against Section 17 read with Section 40 of the Indian Registration Act, 1908.Section 169(3) of the U.P. Zamindari Abolition & Land Reforms...
Dowry Death | 'No Direct Involvement': Allahabad HC Acquits Mother-In-Law After 5 Yrs In Jail, Upholds Husband's Conviction
While dealing with a case of dowry death, the Allahabad High Court last week acquitted the mother-in-law of the deceased as it found that she was living separately from her son and his wife (deceased) at the time of the crime in September 2015. A bench of Justice Ashwani Kumar Mishra and Justice Mohd. Azhar Husain Idrisi noted that there was a lack of specific allegations against her...
Entitlement To Gratuity Not Dependent On Retirement Age But Number Of Years Of Service : Allahabad High Court
The Allahabad High Court has held that gratuity would be payable to a government employee based on his years of service and not on the age at which he retires.“Retirement at sixty years is not an entitling fact, which leads the employee to acquire a right to receive gratuity, which he otherwise does not have. An employee gets his right to gratuity according to the number of the years that...
Allahabad High Court Denies Bail To 4 Men Accused Of Throwing Acid On Woman Bank Manager
The Allahabad High Court on Thursday rejected bail petitions filed by four men accused of subjecting a woman bank manager to an acid attack in 2022 (in UP's Kaushambi district) after she purportedly refused to sanction such loan applications which were not qualified for it. Single Judge Justice Saurabh Shyam Shamshery denied them bail while considering the evidence collected during...
Allahabad High Court Denies Bail To MLA Abbas Ansari In Money Laundering Case
The Allahabad High Court (Lucknow bench) on Thursday denied bail to Suheldev Bharatiya Samaj Party (SBSP) MLA from Mau, Abbas Ansari in connection with a case lodged against him under the Prevention of Money Laundering Act, 2002. Single Judge Justice Jaspreet Singh denied him the relief, considering the comprehensive money trail the Enforcement Directorate (ED) put forth in the...
Allahabad High Court Directs UGC, GOI To Ensure Implementation Of Guidelines For Reform Of Students Facing Disciplinary Action
The Allahabad High Court has issued directions to University Grants Commission (UGC) and the Government of India to ensure circulation and implementation of Guidelines dated 12.04.2023 issued by UGC which contains provisions regarding reformation of delinquent students.The Court also directed Banaras Hindu University to formulate the reformation program for students facing disciplinary inquiry...
PIL In Allahabad HC To Revoke Censor Certificate Of Telugu Movie's Dubbed Hindi Version For Dialogue On Bihar People
A Public Interest Litigation (PIL) plea has been filed in the Allahabad High Court seeking the cancellation of the censor certificate issued to the dubbed Hindi version of the 2015 Telugu movie 'Dhee Ante Dhee' (named 'Taaqatwar Policewala') for alleged dialogue against the people of Bihar. The PIL plea, filed by a Lucknow resident Deepanker Kumar, also seeks a direction...
Muslim Man Having A Legally Wedded Wife Can't Claim Right To Live-In-Relationship: Allahabad High Court
The Allahabad High Court has observed that a person reposing faith in Islam cannot claim any rights in the nature of a live-in-relationship, particularly when he has a living spouse. “The constitutional protection under Article 21 of the Constitution of Indian would not lend an uncanalized support to such a right, once the usages and customs prohibit such a relationship between the...
[Arbitration Act] Court Can't Interfere Under Section 37 When Interpretation Is Plausible One, Section 37 Is Confined To Grounds Under Section 34: Allahabad High Court
The Allahabad High Court division bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that the extent of intervention in appellate proceedings according to Section 37 of the Arbitration and Conciliation Act, 1996 is confined to the grounds permissible under Section 34 for contesting the award. It held that the award need not be invalidated unless it is tainted by an...
[Arbitration Act] Requirement To Provide Reasons By Arbitrator U/s 31(3) Hinges On Pleadings And Available Documents On Record: Allahabad High Court
The Allahabad High Court bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that the requirement to provide reasons by the arbitrator, in accordance with Section 31(3) of the Act, hinges on the pleadings and available documents on record. It held that if the party neither expressly denied the claim of the other party nor supported its case accurately, then it's evident...
Allahabad High Court Dismisses With Cost PIL To Enforce Demolition Order Citing Suppression Of Pending Litigation Between Private Parties
The Allahabad High Court has imposed cost of Rs. 25000 on a litigant who filed public interest litigation suppressing the fact of pending litigation between him and the private parties.Petitioner filed a public interest litigation seeking compliance of a demolition order passed by the respondent authorities. It was pleaded that the land in question was supposed to be a park where construction...
1984 Attempt To Murder Case | Allahabad High Court Upholds Acquittal Of Accused In Absence Of Trial Court Records
The Allahabad High Court recently upheld the acquittal of the sole living accused in a 1984 attempt to murder case after it received a report from the trial court that the entire papers of the record of the Sessions Trial have been weeded out and only original judgment was available on the record. This incident occurred in 1984, and the sole living accused was acquitted in...