Allahabad High Court
Allahabad HC Criticises Bar Assoc. Resolution Restraining Its Members From Appearing In Cases Against Advocates, Seeks Explanation
The Allahabad High Court recently expressed its strong disapproval of the Bahraich District Bar Association's resolution that restrained its member-advocates from representing accused individuals if the matter is against any other advocate. A bench of Justice Subhash Vidyarthi stressed that such a resolution of the Bar Association restraining Advocates in general from appearing in any...
Allahabad HC Directs Jt. Commissioner Of Police To Inquire Into Alleged Incident Of Property Usurpation By Advocates In Lucknow
The Allahabad High Court has directed the Joint Commissioner of Police (Law & Order), Police Commissionerate, Lucknow to conduct an inquiry into the allegations of property usurpation by 50-60 advocates and to submit a sealed cover report in the court. A bench of Justice Rajan Roy and Justice Narendra Kumar Johari passed this order while hearing a writ plea filed by one Pushkal...
Compassionate Appointment | Daughter-In-Law Supposed To Be Treated Like Daughter In India, Integral Part Of Family: Allahabad High Court
The Allahabad High Court has granted compassionate appointment to daughter-in-law as the son of the deceased was suffering from 75% disability. The Court held that daughter-in-law is an integral part of the family and is supposed to be treated like a daughter.The bench comprising of Justice Vivek Kumar Birla and Justice Donadi Ramesh held,“As per the custom of Indian Society, daughter-in-law...
A&C | Allahabad High Court Set Aside Section 34 Order, District Judge Failed To Take Into Consideration When Appellant Received Signed Award Copy
The Allahabad High Court single bench of Justice Shekhar B. Saraf set aside an order under Section 34 of the Arbitration and Conciliation Act, 1996 passed by the District Judge, noting that the judge failed to give due consideration to Appellant's assertion regarding the non-receipt of the signed copy of the arbitral award. Since the limitation period for Section 34 commences upon...
Limitation Act | Doesn't Encompass Long Delays, Condonation Only In Exceptional Cases: Allahabad High Court Dismisses Section 37 A&C Petition
The Allahabad High Court single bench of Justice Shekhar B. Saraf held that Section 5 of the Limitation Act does not encompass long delays, and condonation can only be granted in exceptional cases where the appellant acted in a bona fide manner and not negligently. The bench dismissed an appeal filed after a delay of four years. Brief Facts: The Appellant filed an...
State Can't Provide Separate Education Systems For Separate Religions, It Violates Principles Of Secularism: Allahabad HC Strikes Down 'UP Madrasa Act'
While declaring the 'UP Board of Madarsa Education Act 2004' as UNCONSTITUTIONAL, the Allahabad High Court today ruled that the a Secular State has no power to create a Board for religious education or to establish a Board for school education only for a particular religion and philosophy associated with it Emphasizing that the State has the foremost duty to provide education to...
Allahabad High Court Declares 'UP Board Of Madarsa Education Act 2004' As Unconstitutional
In a significant ruling, the Allahabad High Court (Lucknow Bench) has declared the 'UP Board of Madarsa Education Act 2004' as UNCONSTITUTIONAL violating the principle of Secularism. A detailed Judgment is awaited.While declaring the law as Ultra Vires, the Division comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi also directed the Uttar Pradesh Government to frame a scheme...
Allahabad High Court Issues Notice To Advocate General On A Plea Challenging UP Govt's Nazul Land Ordinance
The Allahabad High Court, today, issued notice to the Advocate General in a writ petition challenging the Uttar Pradesh Nazul Properties (Management and Utilization For Public Purposes)Ordinance, 2024 which was notified on 7th March 2024 by the State government.Recently, another petition challenging the recent ordinance of the Uttar Pradesh Government concerning the Nazul land policy was...
S.144B Income Tax | Burden to Provide Registered Email Shifts On Assessee Only If It Can't Be Obtained From ITR/Portal/MCA Website: Allahabad HC
The Allahabad High Court has held that the provision requiring the assesee to provide his “registered email address” to the income tax authorities under Section 144B of the Income Tax Act, 1961 is residuary in nature.The Court held that if the assessing authority is unable to obtain the registered email address from the income tax returns or from the designated portal of assesee or website...
Order 8 Rule 1 CPC Only Directory: Allahabad High Court Upholds Family Court Order Permitting Wife To File Written Statement Beyond 90 Days
Recently, the Allahabad High Court has upheld the order of the Family Court granting extension of time to defendant-wife for filing written statement beyond the statutory period of 90 days provided in Order 8 Rule 1 of CPC during pendency of application under Section 24 of the Hindu Marriage Act.Order 8 Rule 1 of CPC provides that a defendant shall file his written defense within 30 days from...
Allahabad HC Releases 4 Elderly Accused Including 2 With 100% Blindness On Interim Bail Pending Premature Release Decision By UP Govt
The Allahabad High Court on Tuesday granted short-term bail to 4 elderly murder accused, including two with 100% blindness, till their cases for premature release - pending before the State Government - are not decided. The order was passed by a bench of Justice Arvind Singh Sangwan and Justice Shiv Shanker Prasad in line with the HC's order of January 10, 2024 [passed in the case of Ganesh...
Employee Erroneously Given Benefit Of Scheduled Tribe Quota Can't Be Terminated In Absence Of Any Misrepresentation On His Part: Allahabad HC
The Allahabad High Court has upheld the quashing of termination of an employee after he had an unblemished service record of 30 years. Petitioner was appointed in the Schedule Tribe category against posts of Assistant Deputy Controller, Junior Scale in 1990. Thereafter, he was promoted on the post of Assistant Deputy Controller, Senior Scale and was eventually promoted on the post...