Allahabad High Court
Acid Attack | Medical Grant Is A Fundamental Right Under Article 21: Allahabad HC Grants Additional Compensation For Verified Medical Bills
The Allahabad High Court has directed the State to pay additional compensation of Rs. 5,26,000 against the medical bill vouchers of mother-son duo who suffered acid attack injuries.The bench comprising of Justice Salil Kumar Rai and Justice Surendra Singh-I held,“It has been well established from the decisions of the Apex Court in the case of Chameli Singh Vs. State of U.P., AIR 1996 SC...
Reduction Of Interest Is Nothing But Modification Of Original Arbitration Award: Allahabad High Court Quashes Section 34 Order
The Allahabad High Court has held that the District Judge exercising jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996 does not have the power to modify an award. The Court held that though parts of an award can be severed and set aside, provided such severance does not affect the remaining award.“Reduction of interest is nothing but a modification of the...
Plea In Allahabad High Court Challenges Order Of Govt Advocate, Chief Standing Counsel Refusing To Accept Notice Vide Email
The Allahabad High Court on Wednesday sought response from the Chief Standing Counsel for Uttar Pradesh on a plea challenging his notice directing that all soft copies of petitions/ applications be supplied to his office through pendrive.On 11th October, 2023, the Chief Standing Counsel and the Government Advocate for the State of U.P. published a notice stating that no pdf copy of any...
'Infructuous': Allahabad HC Dismisses PIL For Restraining PM Modi To Inaugurate Ram Mandir Till Conclusion Of 2024 Polls
The Allahabad High Court today dismissed as 'infructuous' a Public Interest Litigation (PIL) plea which sought to prohibit Prime Minister Narendra Modi and Uttar Pradesh Chief Minister Yogi Adityanath from conducting the Ram Mandir Pran Prathishtha ceremony in Ayodhya on January 22.A bench of Acting Chief Justice Manoj Kumar Gupta and Justice Kshitij Shailendra noted that since the...
Denial Of Pension By Retrospectively Applying Amended Rule Violates Constitutional Rights Under Articles 14, 16: Allahabad High Court
The Allahabad High Court has held that denial of pension by retrospectively applying amended rule is a violation of Articles 14 and 16 of the Constitution of India.While restoring pension of retired members State Electricity Regulatory Commission as prescribed under the unamended Uttar Pradesh Electricity Regulatory Commission (Appointment and Condition of Service of the Chairperson and...
'Be Polite, Deal With Advocates/Clerks Patiently': Allahabad HC Directs Court Officials; Training Session To Be Conducted
The Registrar General of the Allahabad High Court has instructed all its officers to exhibit humble behaviour when interacting with advocates and their clerks, emphasizing patience and utmost regard. Recognizing the generous role of the advocates in representing the marginalized, the Registrar General has asked its officials to maintain composure and polite etiquette. An office order in...
Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC
The Allahabad High Court recently explained the difference between the scope of Section 311 CrPC [Power to summon material witness, or examine person present] and Section 233 CrPC [Entering upon defence] concerning the production of defence witnesses during the trial. “Under section 311 CrPC, the power lies in the courts only and under section 233 CrPC, the right lies with the...
Allahabad HC Judge Recuses From Hearing Plea Against Varanasi Court's Refusal To Direct ASI To Survey Gyanvapi Mosque's Wuzukhana Area
On Wednesday, Allahabad High Court judge Justice Manish Kumar Nigam recused from hearing a Civil Revision plea challenging the Varanasi District Judge's order (dated October 21, 2023) refusing to direct the Archeological Survey of India (ASI) to undertake a survey of the Wazukhana area (except for the 'Shiva Linga') inside the Gyanvapi Mosque. The matter will now be listed before another...
Eligibility Rules Changed Post Commencement Of Selection Process: High Court Directs Allahabad University To Compensate Candidate Declared Ineligible
Earlier this month, the Allahabad High Court directed the University of Allahabad to pay a cost of Rs. 50,000 to a candidate who was otherwise eligible if the criteria had not been changed subsequent to the closure of registration forms.In a petition filed by a candidate seeking admission in second post graduate course in the University of Allahabad, Justice Ashutosh Srivastava held that...
Allahabad HC To Hear Tomorrow Plea Against Varanasi Court's Refusal To Direct ASI To Survey Gyanvapi Mosque's Wuzukhana Area
The Allahabad High Court will hear tomorrow a Civil Revision plea filed before it challenging the Varanasi District Judge's order (dated October 21, 2023) refusing to direct the Archeological Survey of India (ASI) to undertake a survey of the Wazukhana area (except for the 'Shiva Linga') inside the Gyanvapi Mosque. The matter will be heard by a bench of Justice Manish Kumar Nigam.The...
Allahabad High Court Weekly Round-Up: January 15 To January 21, 2024
NOMINAL INDEX Saurabha Srivastava And 2 Others vs. State Of U.P. Thru. Secy. Revenue Deptt. Lko. And 4 Others 2024 LiveLaw (AB) 19 Rajni Rani vs. State of UP and others 2024 LiveLaw (AB) 20 Sharp Industries vs. Bank Of Maharashtra And 3 Others 2024 LiveLaw (AB) 21 Shahjad Alais Mohammad Sajjad And Another vs. State Of U.P Thru. Prin. Secy. Home And Another 2024 LiveLaw...
Writ Of Habeas Corpus At Husband's Behest Seeking Wife's Return Not Available As A Matter Of Course: Allahabad High Court
In an important assertion, the Allahabad High Court has said that given the other remedies available for the purpose, under criminal and civil law, the exigence of a writ of habeas corpus at the behest of a husband to regain his wife would be rare and may not be available as a matter of course. A bench of Justice Yogendra Kumar Srivastava emphasized that such a writ may not be...