Allahabad High Court
SARFAESI Act | Right Of Redemption Cannot Be Taken Away By Insufficient Notice: Allahabad High Court
The Allahabad High Court has held that right of redemption under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is an important right which cannot be taken away or breached by the authorities by insufficient notice.[Right of redemption allows an opportunity to the borrower to repay the entire dues and redeem the secured...
Allahabad High Court Annual Criminal Law Digest 2023
LiveLaw brings to you Allahabad High Court Digest on Criminal law cases from the year 2023.“Be Careful In Future”: Allahabad High Court Takes Exception To Trial Court's Judgment Mentioning Alleged Rape Victim's Name Case title - Bablu @ Jitendra And Another vs. State of U.P [CRIMINAL APPEAL No. - 1201 of 2021] Case Citation: 2023 LiveLaw (AB) 3 The Allahabad High Court...
Allahabad High Court Annual Family Law Digest 2023
LiveLaw brings to you Allahabad High Court Digest on Family law cases from the year 2023.'Muslim Women Act' 1986| Divorced Muslim Wife Entitled To Maintenance Beyond Iddat Period, Until She Re-Marries: Allahabad HC Case title - Zahid Khatoon vs. Nurul Haque Khan [FIRST APPEAL No. - 787 of 2022] Case Citation: 2023 LiveLaw (AB) 5 The Allahabad High Court has observed that as...
Nominee Of Govt Employee Merely A Custodian, Benefit After Death Of Employee Conferred To Legal Heirs: Allahabad High Court Reiterates
Recently, the Allahabad High Court reiterated the position settled by the Supreme Court in Shipra Sengupta v. Mridul Sengupta and others (2009) that a nominee of a government employee is merely a custodian, however, any benefits that accrue after the death of such government employee can only be conferred upon his/her legal heirs.Petitioner's ex-husband died after retiring as an Assistant...
Collector Can Determine Market Value Of Land At The Time Of Execution Of Sale Deed Or Period Reasonably Proximate Thereto: Allahabad High Court
The Allahabad High Court has held that the Collector has power to determine market value of the land at the time of execution of sale deed or period reasonably proximate thereto.While dealing with challenge to proceedings under the Stamp Act, 1899, Justice Abdul Moin relied on the full bench decision of the Allahabad High Court in Smt. Pushpa Sareen vs. State of U.P. and others and the...
Allahabad High Court Annual Digest 2023: Part II [Citations 257 - 511]
ORDERS/JUDGMENTS [NOMINAL INDEX PROVIDED AT THE BOTTOM] Beneficiary Of Acquired Land Cannot File Reference U/S 28A(3) Of Land Acquisition Act, 1894: Allahabad High Court Case Title: Rajendra Prasad Sharma vs. State of U.P. And Others [Writ C No. – 22731/2023] Case Citation: 2023 LiveLaw (AB) 257 The Allahabad High Court has held that the 'beneficiary of acquired land' is...
Allahabad HC Grants Bail To Muslim Scholar Accused Of Issuing Fatwa To Kill Waseem Rizvi After He Embraced Hinduism
The Allahabad High Court on Wednesday granted bail to a Muslim Scholar who has been accused of issuing a fatwa to kill former Shia Waqf Board chairman Jitendra Narayan Singh Tyagi Aka Waseem Rizvi after he converted to Hindu religion renouncing Islam. A Bench of Justice Mohd. Faiz Alam Khan granted bail to Maulana Syed Mohammad Shabibul Husaini who allegedly stated in an interview...
“Aggrieved” Unmarried Daughter Has Right To Maintenance Under Domestic Violence Act, Irrespective Of Her Religion & Age: Allahabad High Court
The Allahabad High Court has held that an unmarried daughter has the right to obtain maintenance under the Protection of Women from Domestic Violence Act, 2005, irrespective of her religion and age if she falls within the definition of aggrieved person under Section 2(a) of the Act.The Court held that a person seeking only maintenance has recourse under other laws. However, if a person...
Stray Remark Calling Complainant 'Mad' May Be Rude But It Doesn't Constitute Offence U/s 504 IPC: Allahabad High Court
The Allahabad High Court recently observed that a stray statement made by any person by calling someone 'mad', may be inappropriate, improper and rude, however, the same doesn't constitute an offence under Section 504 Indian Penal Code(Intentional insult with intent to provoke breach of the peace). A bench of Justice Jyotsna Sharma observed thus while setting aside an order passed by...
Anyone Including Victims, Eyewitnesses Or Cops Having Knowledge Of Commission Of Cognizable Offence Can Lodge FIR: Allahabad HC
Reading Sections 154 & 155 of CrPC conjointly, the Allahabad High Court has observed that anyone possessing knowledge about the commission of a cognizable offence has the authority to file an FIR. This includes not only the victim or an eyewitness but also any person who becomes cognizant of the offence, extending even to police officers themselves, the Court...
CGST Act | Once Registration Is Cancelled, Uploading Notice On Portal Not Sufficient Notice, Must Be Given At Assesee's Address: Allahabad HC
The Allahabad High Court has held that once the registration of the assesee is cancelled, any notice for proceedings under the Central Goods and Service Tax Act, 2017 shall be served on the address of the assesee. The Court observed that merely uploading notice on the web portal without any intimation to the assesee will vitiate any subsequent action as being bad in law.Elaborating on the...
Allahabad High Court Consolidates 15 Suits Concerning Krishna Janmabhumi-Shahi Idgah Dispute In 'Interest Of Justice'
On Thursday, the Allahabad High Court directed to consolidate 15 suits related to Mathura's Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute. The order was passed 'in the interest of justice' on an application filed by the Hindu plaintiffs under Order IV-A of the Civil Procedure Code.All these suits contain a common prayer seeking the removal of the Shahi Idgah mosque from the...