Allahabad High Court
Husband Can't Claim Deduction Of Insurance Premium, Loan EMI From Gross Salary For Determination Of Maintenance Amount U/S 125 CrPC: Allahabad HC
The Allahabad High Court last week held that while determining the monthly maintenance allowance payable to the wife under section 125 CrPC, a husband cannot seek deductions for payments towards LIC premiums, home loans, land purchase loan instalments, or insurance policy premiums from his salary.Referring to the Supreme Court's ruling in the case of Dr Kulbhushan Kumar vs. Rajkumari 1970,...
Teacher's Service After Regularization Can't Be Terminated Merely Due To Lack Of Qualification At Time Of Initial Appointment: Allahabad HC
The Allahabad High Court has held that after a long gap of time, a teacher who's services have been regularised cannot be terminated merely on grounds of lack of qualifications at the time of initial appointment.The bench comprising of Justice Ajit Kumar held that “once the regularisation of appointment has already taken place, such teacher becomes a permanent member of service and no...
Administrative Tribunals Act | Appeal Against CAT Order In Contempt Proceedings Lies Before Supreme Court, Not High Court: Allahabad High Court
The Allahabad High Court has held that an appeal against an order of the Central Administrative Tribunal while exercising its contempt jurisdiction under Section 17 of the Administrative Tribunals Act 1985 lies before the Supreme Court under Section 19 of the Contempt of Courts Act, 1971. The Court held that no such order can be challenged before the High Court under Article 226 of...
1996 Assault Case: Allahabad High Court Stays Conviction Of Actor & Congress Leader Raj Babbar
The Allahabad High Court (Lucknow bench) on Friday stayed the conviction of actor and Congress politician Raj Babbar in connection with a 1996 case lodged against him for allegedly assaulting a polling officer when he was contesting the Lok Sabha election from Lucknow (then) as a Samajwadi Party candidate. The order was passed by a bench of Justice Mohd. Faiz Alam Khan on a plea moved...
DRT | Effect & Operation Of Any Interim Order Passed Is Wiped Out At The Passing Of Final Order: Allahabad High Court
The Allahabad High Court held that the effect and operation of any interim order passed is wiped out at the passing of the final order.The bench comprising Justice Piyush Agrawal held that “once an appeal was dismissed as withdrawn, the interim order, if any, passed thereon automatically merges with the final order.” The Court relied on State of U.P. v. Prem Chopra wherein the Supreme...
Employee Placed Under Suspension During Detention Can't Be Denied Wages Upon Acquittal In Absence Of Any Disciplinary Enquiry: Allahabad HC
The Allahabad High Court has held that an employee placed under suspension during the period of detention cannot be denied wages upon acquittal in the absence of any disciplinary enquiry and bail during the period of suspension.The Court further held that such an employee who has been suspended during the period of detention needs to prove that he was not gainfully employed during...
Questions Of Agreement Implications And Legal Provisions Need To Be Decided By Arbitral Tribunal Under Section 16 A&C Act: Allahabad High Court
The Allahabad High Court single bench of Justice Jaspreet Singh held that questions of implications of agreements, Section 64 of the Contract Act, whether the disputes relate to the construction stage or implications of legal provisions of National Highways Act, 1956 need to be decided by the arbitral tribunal. It held that the scope of the review jurisdiction is narrow and limited...
No Suit For Injunction Maintainable Against Notifications Declaring Land As Reserved Forest Under Indian Forest Act: Allahabad High Court
The Allahabad High Court has held that suit for permanent injunction under Section 229B of the U.P. Zamindari Abolition and Land Reforms Act 1950 is not maintainable against the notification issued under Section 4 and Section 20 of the Indian Forest Act, 1927 declaring a land as reserved forest area.The Court held that such notifications can only be challenged before the Forest Settlement...
Allahabad High Court Weekly Roundup: March 18 – March 24, 2024
NOMINAL INDEX M/S Samsung India Electronics Private Limited vs. State Of U.P. And Others 2024 LiveLaw (AB) 170 M/S Shree Sai Palace vs. State Of U.P. And Others 2024 LiveLaw (AB) 171 Smt Preeti Arora v. Subhash Chandra Arora And Another 2024 LiveLaw (AB) 172 Rajesh Kumar And Another vs. Union Of India And 3 Others 2024 LiveLaw (AB) 173 Akhilesh Kumar And 3 Others vs....
UP 'Anti-Conversion' Law Applicable To Live-In Relationships Too: Allahabad High Court
The Allahabad High Court recently observed that the UP Prohibition of Unlawful Conversion of Religion Act, 2021 applies not only to marriages but to relationships in the nature of marriage or live-in relationships. A bench of Justice Renu Agarwal made this observation while dismissing a protection plea filed by an interfaith couple (petitioners) as it noted that the duo had not...
S. 195(1)(b)(ii) CrPC Doesn't Bar FIR Registration Where Alleged Forgery In Documents Took Place Outside Court: Allahabad HC
The Allahabad High Court has observed that Section 195 (1) (b) (ii) CrPC doesn't bar registration of FIR in a case where alleged forgery has been committed in the document outside the Court and thereafter, the alleged forged document was filed in judicial proceedings in a case pending in a Court.For context, Section 195(1)(b)(ii) provides that no Court shall take cognizance of offences...
Additional Chief Medical Officer Has No Authority To File A Complaint For Any Offence Under PCPNDT Act: Allahabad HC
The Allahabad High Court has held that an Additional Chief Medical Officer is not an appropriate authority and he has no authority to file a complaint for any alleged offence committed under the provisions of the Pre-Conception & Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.A Bench of Justice Subhash Vidyarthi held thus while perusing the mandate of Sections 28...