Consider Sacrifices Of Defence Personnel; Marital Discord No Ground: Allahabad HC Rejects Teacher's Plea Seeking Mid-Term Transfer

The Allahabad High Court recently dismissed a writ petition filed by a female teacher requesting a mid-term intra-district transfer as it emphasised that marital discord can't be a strong enough ground for seeking transfer. While rejecting her plea, the Court highlighted the example of uniformed personnel who serve the nation under some of the harshest conditions. “Save...

Employer's Threat To Employee Against Moving Constitutional Court For Redress May Constitute Criminal Contempt: Allahabad HC

The Allahabad High Court has observed that an employer's threat to its employee to prevent him from approaching the Courts, particularly a Constitutional Court, may constitute criminal contempt. A bench of Justice JJ Munir made this observation while considering a writ plea moved by Akhtar Ali (who was employed as a Senior Clerk with Nagar Nigam, Meerut), challenging his punishment...

Citing Mother's Conduct Of 'Fleeing' With Another Man Sans Divorce, Allahabad HC Hands Over Minor's Custody To Father

The Allahabad High Court on Wednesday directed that custody of a minor child be handed over to the father, citing the mother's alleged actions of eloping with another man without seeking a formal divorce from her husband. A bench of Justice Saurabh Srivastava observed that the future of the minor child, a budding citizen of a glorious country, cannot be permitted to be taken care of...

Work Suspension On Demise Of Ex-PM Manmohan Singh : Allahabad HC Issues Show Cause Notice To Bar Association

The Allahabad High Court on Tuesday took exception to a condolence resolution passed by the Adhivakta Collectorate Bar Association, Collectorate—Amroha, deciding to abstain from judicial work on account of the demise of Dr Manmohan Singh, the Former Prime Minister of India. A bench of Justice JJ Munir issued notices to the Secretary and the President of the Bar Association to...

Insulting Or Attacking A Political Party Not Associated With Any Religion Or Its Belief Won't Attract S. 295-A IPC: Allahabad HC

The Allahabad High Court has held that merely insulting a particular political party or a group that is not inextricably associated with any religion or its belief will not attract the ingredients of Section 295-A IPC as it does not amount to outraging the religious feeling or belief of a class of citizens. A bench of Justice Arun Kumar Singh Deshwal also added that this provision...

Woman Allegedly Raped, Impregnated By Own Brother, Father | 'Unforgivable Betrayal Of Blood & Trust': Allahabad HC Denies Bail

Denying bail to father-son duo accused of committing rape against real daughter/sister and impregnating her, the Allahabad High Court last week termed it a case of an unforgivable betrayal of blood and trust. “I find that facts of this case and allegation of rape on victim by her real brother and father are very rare and heinous in nature…The hands of father and brother meant...

S. 321 CrPC | Prosecution Can't Be Withdrawn Merely On Govt Issuing An Order, Public Prosecutor Must Apply His Mind: Allahabad HC

The Allahabad High Court has observed that withdrawal of prosecution under Section 321 CrPC is not permissible merely because the Government issues an order in this regard. It added that the public prosecutor must apply his mind by mentioning in his application that he is satisfied that it has been made in good faith and in the interest of public policy and justice. A bench...

State Medical College Doctors Referring Patients To Private Nursing Homes Has Become A Menace: Allahabad High Court

The Allahabad High Court has recently observed that doctors appointed by the state government working in state medical colleges but referring patients to private nursing homes has "become a menace". In doing so the court has also asked the state government to frame a policy to stop the private practice of doctors who are appointed in provincial medical services and district hospitals in...

Place Of Marriage Relevant Jurisdiction Under Hindu Marriage Act, Divorce Petition Can't Be Filed Where Reception Was Held: Allahabad HC

The Allahabad High Court has held that place of marriage reception is not relevant for the purpose of conferring jurisdiction on the Family Court under Section 19 of the Hindu Marriage Act, 1955.Section 19(i) of the Act confers jurisdiction under the Act upon a court within whose local limits the marriage between the parties was solemnized. Appellant-husband approached the High Court against...

Krishna Janmabhumi Dispute: Citing SC's Embargo, Allahabad HC Refuses Relief On Hindu Plaintiffs' Plea For Worship At Krishna Koop

In the ongoing Krishna Janmabhoomi-Shahi Eidgah Mosque dispute in Mathura, the Allahabad High Court last week refused to pass any order (for now) on an application filed by the Hindu worshippers seeking permission to perform worship at a well, Shri Krishna Koop, located near the staircase at the Shahi Idgah mosque. A bench of Justice Ram Manohar Narayan Mishra deferred the hearing on...

Writ Of Mandamus Can Be Issued In Contractual Matters Only When Outstanding Payments Are Admitted, Not Otherwise: Allahabad HC

The Allahabad High Court has held that writ jurisdiction cannot be invoked to enter contractual unless exceptional circumstances are present, which include respondents agreeing to the outstanding dues. It held that a writ of mandamus can be issued in such cases. In brief, the Petitioner won the contract to construct a residence under the Basic Services to the Urban Poor Yojana at...

Magistrate/Sessions Court Has No Jurisdiction To Grant Bail To Accused If HC Issues NBW In Appeals Against Acquittal Or Conviction: Allahabad HC [FB]

A full bench of the Allahabad High Court has held that where the High Court has consciously issued a non-bailable warrant for the arrest of an accused, against whose acquittal/conviction an appeal has been moved, the Magistrate or the Sessions Judge, as the case may be, would have no jurisdiction to release such person on bail. A bench of Justices Sangeeta Chandra, Pankaj Bhatia,...