Allahabad High Court
Passing Of Final Order Pursuant To Remand Does Not Render Appeal Under Order XLIII Rule 1(U) CPC Defunct: Allahabad High Court
The Allahabad High Court has held that passing of a subsequent order on point of remand does not take away the substantive right of appeal against the order of remand itself.Order XLIII Rule 1(u) CPC makes an order under Rule 23 or Rule 23-A of Order XLI remanding a case, appealable.“The order of remand under the statutory scheme would, therefore, be seen to have independent existence...
Gravity Of Misconduct, Past Conduct, Previous Penalty Necessary Factors Before Dismissal From Service: Allahabad High Court
The Allahabad High Court has held that while awarding major punishment of dismissal from service, surrounding factors along with past record need to be considered by the disciplinary authority.“Gravity of misconduct, past conduct, nature of duties, position in organisation, previous penalty, if any and requirement of discipline to be enforced were relevant to be considered by the...
Allahabad High Court Waives Cooling Off Period For Mutual Divorce; Says Courts Must Depart From Conservative Approach
The Allahabad High Court has set aside the order of the Family Court directing parties to mediation, instead of waiving the cooling off period after almost eight years of living separately. The Court held that with changing times, the Court should be mindful of the realities and depart from obsolete and conservative approach in matrimonial disputes.The bench comprising of Justices Saumitra...
Seven Additional Judges Of Allahabad High Court Made Permanent
The Central Government has issued a notification appointing the following Seven additional judges of the Allahabad High Court as permanent judges of the HC:1. Justice Umesh Chandra Sharma,2. Justice Renu Agarwal,3. Justice Ram Manohar Narayan Mishra,4. Justice Mayank Kumar Jain,5. Justice Shiv Shanker Prasad,6. Justice Gajendra Kumar,7. Justice Nalin Kumar SrivastavaOn September 14, the...
Allahabad High Court Rules SC's Automatic Stay Vacation Direction In 'Asian Resurfacing' Applies At All Stages Including Investigation, Inquiry
The Allahabad High Court has held that the Supreme Court's dictum of automatic vacation of stay in Asian Resurfacing of Road Agency Private Limited and Another v. Central Bureau of Investigation applies to all civil as well as criminal cases irrespective of the "stage" of the proceeding.A bench comprising of Justice Jyotsna Sharma held,“In my opinion, though in para- 36 of the judgment...
Hindu Marriage Act | Every Amendment Sought To Pleadings Can't Be Allowed, Party Must Show Irreparable Injury: Allahabad High Court
The Allahabad High Court has held that an amendment application may only be allowed if the party seeking amendment can show that there will be irreparable injury or justice will not be done in case the amendment sought is not allowed. Court was hearing an appeal against the order of the Family Court rejecting application seeking amendment in written statement on the ground that it was...
'Cheating Qua Client & Court': Allahabad HC Deplores Lawyer, Petitioners Over Successive Pleas Challenging Same FIR, Imposes ₹50K Cost
The Allahabad High Court on Tuesday expressed great displeasure and rebuked a lawyer for filing a criminal writ plea (challenging an FIR) just 5 days after a plea against the same FIR had been dismissed by the HC.Calling the conduct of the petitioner as well as counsel as ‘highly deplorable’, the bench of Justice Rahul Chaturvedi and Justice Vivek Kumar Singh imposed a cost of Rs. 50K...
Mutual Divorce: Family Court Can't Reject Application To Waive Cooling Off Period In Mechanical Manner, Says Allahabad High Court
The Allahabad High Court has held that the family court ought not to reject an application filed for waving of the statutory six-month cooling off period in divorce proceedings under Section 13B(2) of the Hindu Marriage Act, 1955 in a mechanical manner.A bench comprising of Justices Saumitra Dayal Singh and Arun Kumar Singh Deshwal placed reliance on an earlier decision of the bench headed...
Earning Spouse Has A Duty To Protect Life, Liberty & Dignity Of Other As Long As Marriage Survives: Allahabad High Court
The Allahabad High Court recently observed that so long as a marriage survives, it remains the duty of the earning spouse to protect the life, liberty and dignity of the other. The bench of Justice Saumitra Dayal Singh and Justice Rajendra Kumar-IV observed thus while hearing an appeal filed by one Santosh Kumar challenging an order passed by the Family Court under Section 24 of...
Allahabad High Court Directs UP Govt To Produce Records Of Selection Process Concerning Engagement Of Govt Counsels In HC
The Allahabad High Court on Tuesday directed the State Law Secretary to produce before it the entire process which is being followed for the engagement of fresh Government Counsels to argue cases in the HC. The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla passed this order on a Public Interest Litigation (PIL) plea which was moved last year challenging...
Allahabad High Court Grants Bail To 2 Women Accused Of Condemning Hindu Religion, Inciting People To Convert To Christianity
The Allahabad High Court recently granted bail to 3 women who were arrested in August this year on the allegations of condemning and criticising Hindu religion and inciting people to convert to Christianity. The bench of Justice Vikram D. Chauhan passed the order noting that the state counsel failed to show any material or circumstances that the accused/applicants are not entitled to...
'Specify Steps Taken To Protect Monuments, Remove Encroachment From Heritage Sites In Lucknow': Allahabad HC To UP Govt
The Allahabad High Court has directed the Uttar Pradesh Government as well as the Lucknow Municipal Corporation to submit an affidavit specifying the steps taken to remove the encroachments/streamline the civic condition and protect the monuments in and around the city of Lucknow. The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla passed this order on a 2013...