Separate Cut Off Marks Must Be Given For Physically Handicapped Category At Each Stage Of Recruitment: Allahabad High Court

While granting relief to a person with optical atrophy in both eyes, the Allahabad High Court has held that separate cut off marks must be given for the physically handicapped category at each stage to ensure that physically handicapped candidates get adequate representation in service.Relying on the judgment of the Supreme Court in Recruitment of Visually Impaired in Judicial Services,...

Preliminary Decree In Partition Suit 'Interlocutory' Or Conclusively Decides Substantive Rights? Allahabad High Court Larger Bench To Decide

A single judge of the Allahabad High Court has referred to a larger bench the question whether a preliminary decree in a partition suit is an interlocutory order or an order finally deciding the substantial rights of the shareholder. It also referred the question whether such an order is appealable under Section 207 of the U.P. Revenue Code, 2006.Section 116 of the U.P. Revenue Code,...

Allahabad High Court Half Yearly Digest: January To June 2025

[NOMINAL INDEX PROVIDED AT THE BOTTOM]ORDERS/JUDGMENTS [January-June 2025]Husband Can't Claim Ownership Of Wife's Body, Privacy, Her Consent Paramount; Sharing Intimate Acts' Video A Breach Of Trust: Allahabad HCCase title – Brijesh Yadav @ Brijesh Kumar Vs. State Of U.P. And Another 2025 LiveLaw (AB) 1Case citation: 2025 LiveLaw (AB) 1The Allahabad High Court has observed that it is high...

State Can't Obstruct Rituals Recognized Since Time Immemorial & Promoting Cultural Harmony On Trivial Grounds: Allahabad HC

In its order disposing of 3 petitions challenging the DM's denial of permission for the Jeth Mela at the Bahraich Dargah, the Allahabad High Court on Thursday made a significant observation regarding limits on the state to obstruct long-standing ritualistic practices. The Court observed that such practices, which have been recognised since time immemorial, cannot be obstructed by the...

Bahraich Dargah Mela | Interim Arrangements Ensured Peaceful Rituals, State's Fears Dispelled: Allahabad HC Disposes Pleas

Dealing with 3 petitions filed concerning the Annual Jeth Mela at Bahraich's Dargah Syed Salaar Masood Ghazi (RA), the Allahabad High Court observed that "all the apprehensions of the State stand dispelled" in light of the smooth implementation of arrangements under its interim order. Disposing of the pleas, including a writ filed by the Committee of Management of Dargah Sharif, the...

Janmabhoomi Dispute | Allahabad HC Allows Suit By Lord Krishna's Next Friend To Proceed As 'Representative Suit' On Behalf Of Devotees

In a significant order, the Allahabad High Court yesterday allowed an application filed on behalf of deity Bhagwan Shri Krishna (through next friend) and others in Suit No. 17 of the ongoing Krishna Janmabhoomi-Shahi Idgah Mosque dispute cases to sue in a representative capacity on behalf of and for the benefit of Lord Krishna's devotees."The plaintiff is permitted to sue in...

Allahabad HC Stays Govt Order Suspending Fair Price Shop License, Allegedly Issued At Behest Of RSS

The Allahabad High Court earlier this week stayed an order suspending a Fair Price Shop (FPS) license in Gonda district, by noting the submission of the petitioner that the decision was taken allegedly on the directions of the Rashtriya Swayamsevak Sangh (RSS) headquarters at Nagpur."Prima facie, in the manner in which the directions have been given, which has led to passing of the impugned...

[Income Tax] Filing Of Form 10-IC Prior To Filing Of Return Not Mandatory, Delay May Be Condoned In “Genuine Hardship”: Allahabad High Court

The Allahabad High Court has held that filing of Form 10-IC prior to filing of income tax return is not mandatory and the delay in filing the Form may be condoned in cases where “genuine hardship” is shown to exist. Form 10-IC, under the Income Tax Act, is required to filed only if a Domestic Company chooses to pay tax at concessional rate of 22% under Section 115BAA of...

Burden To Prove Customer's Liability In Case Of Unauthorized Electronic Banking Lies Upon Bank: Allahabad High Court

The Allahabad High Court has held that under the RBI Circular dated June 6, 2017 titled “Customer Protection-Limiting Liability of Customers in Unauthorised Electronic Banking Transactions”, the burden to prove customer's liability in case of unauthorized electronic banking lies upon the bank.Referring to Clause 12 of the aforesaid Circular the bench of Justice Shekhar B. Saraf and...

Maintenance Cases Require Expeditious Disposal As 'Sufferer' Is A Lady In Most Cases; Courts Must Be Sensitive: Allahabad HC

The Allahabad High Court recently stressed the need for the courts to act with greater sensitivity and urgency in deciding maintenance applications filed under Section 125 CrPC (or Section 144 Bharatiya Nagarik Suraksha Sanhita, 2023), observing that in most of such cases, the 'sufferer' is the wife. A bench of Justice Nalin Kumar Srivastava made these remarks while directing a...

UP Govt To Frame Statewide Guidelines Restraining Cops From Contacting Advocates In Sub-Judice Matters, Allahabad HC Told

The Uttar Pradesh Government on Tuesday informed the Allahabad High Court that it would be framing pan-state guidelines restraining the police personnel from visiting places under litigation without leave of the Court and from directly contacting advocates representing parties in sub-judice matters. The submission came during the hearing of a Public Interest Litigation (PIL)...

Order Declaring Marriage Null & Void Relates Back To Date Of Marriage, No Liability To Pay Maintenance Arises: Allahabad High Court

The Allahabad High Court has held that once an order declaring a marriage null and void has been passed under Section 11 of the Hindu Marriage Act, it dates back to the date of marriage. In such case, the husband is not liable to pay maintenance to the wife.In the case at hand, the parties got married in 2015 but due to differences and discord the wife lodged an FIR under Sections 498A, 406,...