Allahabad High Court
Allahabad HC Introduces Facility For Advocates/Parties To Argue Cases Before It Via VC Mode From Sept. 12 Onwards
In a significant development, the Allahabad High Court will now allow the parties/advocates to appear/argue cases before it through Video Conferencing mode from September 12 onwards.Those interested in appearing through Video Conferencing before the Allahabad High Court at Allahabad and its Bench at Lucknow through virtual mode (Video Conferencing), can send their request via the following...
Allahabad High Court Refuses To Order Child's DNA Test For Husband To Establish Adultery Allegations Against Wife
The Allahabad High Court has refused to order the DNA test of a child on the plea of a man seeking to prove adultery allegations he levelled against his wife by demonstrating that the child was not his legitimate son.The child in question was born within 9 months of the man's marriage with his wife (respondent).A bench comprising of Justices Saumitra Dayal Singh and Rajendra Kumar-IV...
Once Termination Held Illegal, Labour Court Bound To Award Back Wages To Workman: Allahabad High Court Reiterates
The Allahabad High Court has reiterated the principle that once Labour Court holds that the termination of workman was illegal and the workman is reinstated in service, it is bound to award back wages.“If a termination order is set aside being illegal, the consequence would be that the order of termination was never passed and therefore, reinstatement in service with full back wages is...
Objection U/S 47 CPC Cannot Be Raised In Proceedings For Execution Of Arbitral Award: Allahabad High Court Reiterates
The Allahabad High Court has recently dismissed a petition under Article 227 of the Constitution of India against the rejection of objection under Section 47 of CPC at the stage of execution of arbitral award.A bench comprising of Justice Neeraj Tiwari reiterated that arbitral award is not a decree under Section 2(2) of CPC, therefore, an objection filed under Section 47 of CPC in...
Saryu Express Incident: Allahabad High Court Orders Jurisdictional Magistrate To Visit Hospital And Record Statement Of Injured Woman Cop
The Allahabad High Court has directed the Magistrate having jurisdiction to visit the Trauma Centre at Lucknow for recording the statement of the lady cop who was assaulted onboard the Saryu Express on the intervening night of 30-31 August. The cop was apparently on-duty at the time."At this stage, we have no doubt that the investigation is proceeding in the right track and would bring...
Allahabad High Court Dismisses Plea Against SIT Probe Into 'Fake' Madrasas, Upholds State's Power Under UP Board Of Madrasa Education Act
The Allahabad High Court has upheld the SIT probe into several Madrasas at Azamgarh based on powers accorded to the State Government under the Uttar Pradesh Board of Madrasa Education Act, 2004.The Court held that under Section 13 of the Act, 2004, the State was empowered to take immediate action consistent with the Act without reference to the Board in certain circumstances. It was within...
Hapur Incident: Allahabad High Court Holds Special Sitting On Saturday, Forms Judicial Committee For Lawyers' Grievance Redressal
In a special sitting of Allahabad High Court on Saturday, a judicial committee has been constituted to address the grievances of the lawyers regarding the Hapur Incident. The committee comprises sitting judges of the Allahabad High Court, Justice Manoj Kumar Gupta (as the Chair), Justice Rajan Roy and Justice Mohd. Faiz Alam Khan. It further includes Advocate General of Uttar Pradesh or...
UP Urban Buildings Act | Affidavit Submitted To Court 'Conclusive Evidence' In Subsequent Proceedings Related To That Controversy: Allahabad HC
While deciding a tenancy dispute under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, the Allahabad High Court has reiterated the principle that no one can be permitted to take a different stand from what has been taken earlier on affidavit.Relying on various Supreme Court judgments, a bench comprising of Justice Neeraj Tiwari said, “In light of...
UP Govt Files Affidavit In Allahabad HC Supporting Cinema Hall Owners Prohibiting Viewers To Carry Own Food Articles
The Uttar Pradesh Government has filed an affidavit before the Allahabad High Court supporting the restrictions imposed by the cinema hall owners prohibiting movie-goers from carrying their own food and beverages inside the cinema halls.The affidavit was filed in a Public Interest Litigation (PIL) plea filed in 2018 challenging the restrictions imposed by the cinema hall owners in the state...
Allahabad HC Grants Bail To Life-Convict Woman Who Allegedly Killed A Doctor By Chopping Off His Private Part In 2013
The Allahabad High Court last week granted bail to a life-convict woman who was sentenced to life imprisonment by the trial (in 2016) after finding her guilty of killing a doctor (in 2013) by chopping off his private part and later sending the same to his wife.The bench of Chief Justice Pritinker Diwaker and Justice Nalin Kumar Srivastava passed this order on the second bail plea filed by...
Apostille Convention | Govt Shouldn't Deny Documents Procured From Signatory Countries Or They Might Return The Favour: Allahabad High Court
The Allahabad High Court on Wednesday, while hearing the plea of a US citizen seeking a grant of an Overseas Citizen of India (OCI) card on the strength of some documents issued by the Guyana government, warned the Indian government to uphold the spirit of Apostille Convention 1961.India is a signatory to the Convention. It abolishes the requirement of legalisation for foreign public documents...
No Habeas Corpus Against Order Of Judicial Remand Unless Ex-Facie Defective Or Illegal: Allahabad HC Imposes ₹50K Cost
While dismissing a habeas corpus petition, the Allahabad High Court imposed a cost of Rs. 50,000 as it noted that the petitioner had not challenged the remand order and concealed material facts regarding the rejection of bail by the Court below. A bench comprising Justices Rahul Chaturvedi and Mohd. Azhar Husain Idrisi observed that the object of the writ of habeas corpus is to secure the...