Allahabad High Court
Making Efforts For Reconciliation Isn't A Condition Precedent For Decreeing A Suit For Divorce: Allahabad High Court
The Allahabad High Court recently observed that making an effort for reconciliation is not a condition precedent for decreeing a suit for divorce and that the Family Court is merely required to satisfy itself whether any of the grounds mentioned in Section 13 of the Hindu Marriage Act are made out. The Court, however, added that if the Court prefers to examine the parties'...
UP Lawyers Abstaining From Work To Hold Condolence Meetings To Be Treated As Contempt Of Court: Allahabad HC
The Allahabad High Court recently made it clear that any act of an individual lawyer of the state or their association to go on strike to give a call for strike or to abstain from work on account of condolence due to the death of a lawyer/officer/employee of the court or their relatives would be treated as an ex-facie act of criminal contempt. The Court, however, clarified that lawyers...
S.19(3) Prevention Of Corruption Act | Order Sanctioning Criminal Prosecution Can Be Challenged At Any Stage Of Trial: Allahabad High Court
The Allahabad High Court has held that order sanctioning criminal prosecution of a government employee under Section 19 of Prevention of Corruption Act, 1988 can be challenged at any stage in the Trial proceedings and the bar placed under Section 19(3) on superior courts overturning the findings of the Special Judge shall not apply in such cases.Section 19(3) of Prevention of Corruption Act,...
"Retired" Not To Be Appended To Retired HC Judge's Name, Title Remains "Mr. Justice": Allahabad High Court Clarifies
The Allahabad High Court has observed that the title of a retired judge's name remains “Mr. Justice..”. It has been observed that the word “Retired” must not be used as a part of the name of a retired High Court judge.“A retired Judge is not supposed to be referred to as "Hon'ble Mr. Justice ..... (Retired)". The word "Retired" is not to be appended as if it were to the name of...
Allahabad HC Orders Inquiry Into State's Non-Disclosure Of Key Evidence Against Mahant Accused Of Filming Women Taking Bath
The Allahabad High Court has ordered an inquiry against the state police department, office of the Director of prosecution and office of Government Advocate over 'non-disclosure' of material facts and evidence in a case involving a Mahant (Mukesh Giri), who has been accused of secretly filming women while they were taking a bath. Expressing concern over the prosecution's failure...
Allahabad High Court Denies Relief To Choreographer Remo D'Souza In 2016 Cheating Case
Last week, the Allahabad High Court dismissed a quashing petition filed by Bollywood choreographer and Film Director Remo D'Souza in connection with a 2016 cheating case. A bench of Justice Rajeev Misra dismissed his plea, noting that since D'souza had failed to challenge the chargesheet filed against him in the matter, no relief, as he had prayed for, could be...
Abandoning Spouse Without Reason Cruelty, Constitutes Death Of Spirit & Soul Of Hindu Marriage: Allahabad High Court
The Allahabad High Court has held that leaving a spouse in a Hindu Marriage without any justifiable reason amounts to cruelty towards the spouse who has been left alone.The bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh held,“A Hindu marriage is a sacrament and not just a social contract where one partner abandons the other without reason or just cause or existing...
Officers Should Not Pass Such Orders Which Highlight Their Incompetence: Allahabad High Court
The Allahabad High Court has expressed displeasure at the decision of the District Inspector of Schools rejecting the transfer application of an Assistant Teacher despite meeting the criteria for transfer. The application was rejected on grounds that the Headmaster was busy in official work of the DIOS and District Magistrate.Justice Rohit Ranjan Agarwal observed, “this Court...
When Husband Chooses To Live Away From His Parents, Wife's Failure In Taking Care Of Them Does Not Amount To Cruelty: Allahabad High Court
The Allahabad High Court has held that when the husband choses to live away from his parent, mere failure in taking care of his parents does not amount to cruelty.Appellant-Husband approached the High Court against the rejection of the divorce petition by the Principal Judge, Family Court, Moradabad. Husband had filed for divorce alleging cruelty by the respondent-wife as she was not taking...
Labour Court Has Jurisdiction Over Disputes Regarding Workmen Of Vacuum Pan Sugar Factories: Allahabad High Court
The Allahabad High Court has upheld the jurisdiction of the Labour Court under the U.P. Industrial Disputes Act, 1947 regarding disputes of the workman of Vacuum Pan Sugar Factories whose working conditions are governed by the Standing Orders issued by the State Government from time to time.The bench comprising of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that...
'Injury Bound To Occur If Victim Of Tender Age Is Subjected To Rape': Allahabad HC Acquits Accused In 2001 Rape Case
On Wednesday, the Allahabad High Court acquitted an accused who was sentenced to life imprisonment by a trial court (in 2002) for allegedly raping a 6-year-old girl in 2001 as it noted that the medical evidence did not show any injury caused to the victim girl. A bench of Justice Ashwani Kumar Mishra and Justice Dr Gautam Chowdhary noted that at the tender age of six years if the...
2001 Protest Case | Allahabad High Court Stays 3-Month Jail Term Awarded To AAP MP Sanjay Singh
The Allahabad High Court on Thursday stayed the execution of a 3-month jail sentence awarded to Aam Aadmi Party (AAP) leader and Rajya Sabha MP Sanjay Singh in connection with a 2001 protest case, noting that the trial court's Judgment was prima facie 'perverse'. “Prima facie, the ingredients of sections 143 and 341 I.P.C. are missing and the judgments of both the Court below...