Allahabad High Court Weekly Round-Up: January 13 To January 19, 2025

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20 Jan 2025 9:06 AM

  • Allahabad High Court Weekly Round-Up: January 13 To January 19, 2025

    NOMINAL INDEX 2025 LiveLaw (AB) 9 Gandharv Kumar @ Gaurav vs. State of U.P. 2025 LiveLaw (AB) 10 2025 LiveLaw (AB) 11 Arun Prasad vs. State of U.P. 2025 LiveLaw (AB) 12 Amit Dhama v. Smt Pooja And 2 Others 2025 LiveLaw (AB) 13 Atul Gautam vs. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. 2025 LiveLaw (AB) 14 Zulfikar Ahmad And 7 Others vs. Jahangir Alam...

    NOMINAL INDEX

    2025 LiveLaw (AB) 9

    Gandharv Kumar @ Gaurav vs. State of U.P. 2025 LiveLaw (AB) 10

    2025 LiveLaw (AB) 11

    Arun Prasad vs. State of U.P. 2025 LiveLaw (AB) 12

    Amit Dhama v. Smt Pooja And 2 Others 2025 LiveLaw (AB) 13

    Atul Gautam vs. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. 2025 LiveLaw (AB) 14

    Zulfikar Ahmad And 7 Others vs. Jahangir Alam 2025 LiveLaw (AB) 15

    Rachit Verma v. Smt. Anuradha Dey 2025 LiveLaw (AB) 16

    Sachin Sonkar vs. State of U.P. 2025 LiveLaw (AB) 17

    Jaimangal Yadav vs. The State Of U.P. 2025 LiveLaw (AB) 18

    Vijay Kumar Yadav vs. State Of U.P. And 8 Others 2025 LiveLaw (AB) 19

    ORDERS/JUDGMENTS OF THE WEEK

    Allahabad High Court Rejects Protection Plea Of Married Individuals In Inter-Faith Live-In Relationship With ₹50K Cost

    Case citation: 2025 LiveLaw (AB) 9

    The Allahabad High Court recently dismissed a protection plea filed by a married woman, employed in the police department and currently on childcare leave, along with her live-in partner, who is also married to another woman and a father of a 12-year-old child, while imposing a cost of ₹50,000 on the petitioners.

    A bench of Justice Vinod Diwakar imposed this cost on the petitioners as it noted that the petitioners had moved the HC with his protection plea concealing the fact that petitioner no. 2 (man), without divorcing his earlier wife, started living in a relationship with petitioner no.1 (woman.

    Teachers' Role Crucial In Shaping Future Of Democratic Nation's Citizens; Their Impact Extends Beyond Classroom: Allahabad HC

    Case title - Gandharv Kumar @ Gaurav vs. State of U.P. 2025 LiveLaw (AB) 10

    Case citation: 2025 LiveLaw (AB) 10

    The Allahabad High Court has observed that Teachers play a crucial role in shaping the future citizens of a democratic nation, influencing their academic development and mounding their civil consciousness and ethical values.

    A bench of Justice Sanjay Kumar Singh added that the role of a teacher is multifaceted and carries significant responsibilities that extend beyond the mere imparting of knowledge, and the impact of responsibilities extends beyond the classroom.

    Nowadays There Can Be No Presumption That Victim Would Always Tell Entire Story Truthfully In Rape Cases: Allahabad High Court

    Case citation: 2025 LiveLaw (AB) 11

    While granting bail to a man accused of sexually exploiting a married woman on the pretext of providing her government job, the Allahabad High Court recently observed that nowadays, there can be no presumption that in all rape cases, the prosecutrix would always tell the entire story truthfully.

    No doubt in the matter of rape, the statement of the prosecutrix should be given primary consideration, but at the same time, it should also be kept in mind that nowadays there can be no presumption that in all the matters, prosecutrix would always tell the entire story truthfully,” a bench of Justice Sanjay Kumar Singh observed.

    Physical Relation Not Considered Against Will If Married Woman With Experience In Sex Offers No Resistance: Allahabad HC

    Case title - Arun Prasad vs. State of U.P. 2025 LiveLaw (AB) 12

    Case citation: 2025 LiveLaw (AB) 12

    While granting bail to a man accused of committing rape against a 30-year-old widow having three children, the Allahabad High Court observed that if a married woman having experience in sex does not offer resistance, it cannot be said that her physical relation with a man was against her will.

    A bench of Justice Sanjay Kumar Singh observed this while granting relief to a 20-year-old accused arrested in September 2024, who is currently facing a chargesheet under Sections 376, 504, and 506 IPC.

    Daughter Living With Father At Time Of Separation Does Not Deprive Mother Of Right To Custody As Natural Guardian: Allahabad High Court

    Case Title: Amit Dhama v. Smt Pooja And 2 Others 2025 LiveLaw (AB) 13 [FIRST APPEAL No. - 922 of 2024]

    Case citation: 2025 LiveLaw (AB) 13

    Observing that the mother is the natural guardian of a 4-year-old daughter, the Allahabad High Court has held that even if the company of the minor daughter was given to the husband at the time of separation, it would not deprive the mother of her right to custody of the daughter.

    The bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh held

    Merely because the mother has been deprived of the company of her daughter at the time when the couple separated and fact that the daughter had continued to be in company of the father for sometime itself would not be sufficient circumstance to deny custody of the minor daughter to the mother who is her natural guardian. Various physical, emotional and psychological needs of the four year old daughter would be better protected in the care and custody of her mother.”

    Allahabad HC Grants Bail To Rape Accused On Condition Of Marrying Inter-Faith Live-In Partner, Securing Monetary Support For Child

    Case title - Atul Gautam vs. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. 2025 LiveLaw (AB) 14

    Case citation: 2025 LiveLaw (AB) 14

    The Allahabad High Court granted bail to a man accused of raping his inter-faith live-in partner on the false promise of marriage, on the condition of marrying the prosecutrix under the Special Marriage Act and depositing ₹5 lacks as a Fixed Deposit to protect the monetary security of the prosecutrix as well as her child.

    A bench of Justice Rajesh Singh Chauhan noted that it is a case where the applicant and the prosecutrix are willing to live together peacefully and comfortably as husband and wife along with their infant child.

    Tenant Should Be At The Pleasure Of Landlord, Must Release Property When Landlord Requires It For Bonafide Personal Use: Allahabad HC

    Case Title: Zulfikar Ahmad And 7 Others vs. Jahangir Alam 2025 LiveLaw (AB) 15 [MATTERS UNDER ARTICLE 227 No. - 6479 of 2021]

    Case citation: 2025 LiveLaw (AB) 15

    The Allahabad High Court has held that a tenant is usually at the pleasure of the landlord and will have to release the property if the landlord so desires. It was held that the Court must see if the need of the landlord is bonafide before ruling against the tenant.

    A tenant should be at the pleasure of landlord in a sense that as and when the landlord needs the property for his personal use, he will have to release. The court has to just see, whether the need is bonafide one or not,” held Justice Ajit Kumar.

    Consumption Of Alcohol By Wife Not Cruelty Unless Followed By Unwarranted & Uncivilized Behavior: Allahabad High Court

    Case Title: Rachit Verma v. Smt. Anuradha Dey [FIRST APPEAL No. - 37 of 2021]

    Case citation: 2025 LiveLaw (AB) 16

    While granting a decree of divorce on grounds of desertion, the Allahabad High Court has observed that merely because the wife consumes alcohol does not amount to cruelty unless it is followed by uncivilized behavior.

    The bench held,

    Consuming of Alcohol by itself does not amount to cruelty, if it is not followed by unwarranted & uncivilized behavior. Though, consuming of alcohol in middle-class society is still a taboo and not a part of culture, however there is no pleadings on record to show as to how consuming of alcohol has caused cruelty to the husband/appellant.”

    Rape On False Marriage Promise A Reprehensible Offence, Act Can't Be 'Executed' By A Subsequent Marriage Offer : Allahabad HC

    Case title - Sachin Sonkar vs. State of U.P. 2025 LiveLaw (AB) 17

    Case citation: 2025 LiveLaw (AB) 17

    The Allahabad High Court has observed that the act of sexual exploitation under the false promise of marriage is a reprehensible offence which reduces the victim to an object for someone's personal gratification.

    Emphasising that such an act cannot be executed by a subsequent offer of marriage, a bench of Justice Sanjay Kumar Singh noted that the law does not allow for the acceptance of a compromise in cases where such serious offences have been committed, particularly in matters related to sexual exploitation and coercion.

    Allahabad High Court Acquits Murder Convict Who Was Given Remission In 2021 Upon Spending 25 Years In Jail

    Case title - Jaimangal Yadav vs. The State Of U.P. 2025 LiveLaw (AB) 18

    Case citation: 2025 LiveLaw (AB) 18

    The Allahabad High Court last week acquitted a murder accused who had been given remission in the year 2021 upon completing 25 years in Jail, as it found manifest illegality in the trial court judgment pronounced in March 2002.

    The Court noted that the 'extra-judicial confession' relied upon by the trial court had not been proved beyond reasonable doubt, and the same was highly improbable.

    Power Of Transfer Exercised As Substitute For Infliction Of Lawful Punishment Is Malice In Law: Allahabad High Court

    Case Title: Vijay Kumar Yadav vs. State Of U.P. And 8 Others 2025 LiveLaw (AB) 19 [WRIT - A No. - 16814 of 2024]

    Case citation: 2025 LiveLaw (AB) 19

    The Allahabad High Court has quashed an order for transfer of the petitioner by the Purvanchal Vidyut Vitaran Nigam Limited as being malicious and without justification. It was held that the transfer order cannot be used a measure for punishment.

    The exercise of the power of transfer as a substitute for the infliction of lawful punishment in exercise of the employer's disciplinary jurisdiction, is verily an instance of malice in law,” held Justice J.J. Munir.


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