Allahabad High Court Weekly Round-Up: October 10 To October 16, 2022

Tulsarani And Another v. Union Of India And 3 Others 2022 LiveLaw (AB) 462

Azizurrahman v. Hamidunnisha @ Sharifunnisha 2022 LiveLaw (AB) 463

Prveen Kashyap v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 464

Monu v. State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others 2022 LiveLaw (AB) 465

ORDERS/JUDGMENTS OF THE WEEK

Commercial Court Can't Hear S. 34 Arbitration Act Application Challenging Compensation Awarded Under NH Act: Allahabad HC

Case title - Smt. Tulsarani And Another v. Union Of India And 3 Others [MATTERS UNDER ARTICLE 227 No. - 56 of 2022]

Case Citation: 2022 LiveLaw (AB) 462

The Allahabad High Court has observed that the Commercial Courts have no Jurisdiction to hear Applications filed under Section 34 of the Arbitration and Conciliation Act, 2013 challenging the quantum of compensation awarded under the National Highways Act, 1956.

The bench of Justice J. J. Munir though clarified that an award of the Statutory Arbitrator under Section 3G(5) of the National Highways Act, 1956 can be challenged by an application under Section 34 of the Arbitration and Conciliation Act before the appropriate forum.

Muslim Man Can't Marry Another Woman As Per Quran If He Isn't Capable Of Fostering First Wife, Children: Allahabad High Court

Case title - Azizurrahman v. Hamidunnisha @ Sharifunnisha [FIRST APPEAL No. - 700 of 2022]

Case Citation: 2022 LiveLaw (AB) 463

Stressing that as per the mandate of the Holy Quran, bigamy is not sanctified unless a man can do justice to orphans, the Allahabad High Court has observed that a Muslim man has to prevent himself to perform a second marriage if he is not capable of fostering his wife and children.

"The religious mandate of Sura 4 Ayat 3 (of Quran) is binding on all Muslim men which specifically mandates all Muslim men to deal justly with orphans and then they can marry women of their choice two or three or four but if a Muslim man fears that he will not be able to deal justly with them then only one. If a Muslim man is not capable of fostering his wife and children then as per the above mandate of the Holy Quran, he cannot marry the other woman," the Bench of Justice Surya Prakash Kesarwani and Justice Rajendra Kumar-IV observed.

Also read: Can't Compel Wife To Live With Muslim Husband Who Has Married Another Woman If It Isn't 'Equitable': Allahabad High Court

Allahabad High Court Denies Bail To POCSO Accused Who Married Minor, Established Physical Relation With Her 'Consent'

Case title - Prveen Kashyap v. State Of U.P. And 3 Others [CRIMINAL MISC. BAIL APPLICATION No. - 36810 of 2022]

Case Citation: 2022 LiveLaw (AB) 464

The Allahabad High Court denied bail to a man accused of raping a minor girl (16-17 years old) after marrying her with her consent as the Court noted that the consent of the minor is no consent at all.

The bench of Justice Sadhna Rani (Thakur) opined that even if the minor she left her home, solemnized marriage, and had physical relations with the applicant with her consent, her consent, being consent of the minor, cannot be said to be of any significance.

Allahabad High Court Grants Bail To POCSO Accused On Condition Of Marrying Victim, Accepting Their Child As His Daughter

Case title - Monu v. State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others [CRIMINAL MISC. BAIL APPLICATION No. - 10567 of 2022]

Case Citation: 2022 LiveLaw (AB) 465

The Allahabad High Court granted bail to a POCSO accused booked for raping a minor girl (17 years old) with whom he allegedly eloped, on the condition that he would marry her within a period of one month and shall give all rights to her and his child as wife and daughter.

While granting him bail, the Bench of Justice Dinesh Kumar Singh took into consideration the stand of the prosecutrix and her father who stated that they had no objection if the accused is released on bail. The Court also noted the fact that the Girl had already delivered a child from the accused applicant.

Allahabad High Court Grants Bail To Man Who Allegedly Posted Video On FB Depicting The Beheading Of Nupur Sharma

The Allahabad High Court has granted bail to one Nadeem Ansari who has been accused of posting a video on Facebook showing to behead former BJP spokesperson Nupur Sharma.

The bench of Justice Deepak Verma granted him bail considering the entire facts and circumstances of the case, submissions of counsel for the parties, and keeping in view the nature of offence, evidence, the complicity of the accused and larger mandate on Article 21 of the Constitution of India.

Other updates from the High Court

Plea Challenges Use Of Facial Recognition Technology To Record Attendance Of Govt. Varsity Staff: Allahabad HC Seeks UP Govt's Reply

High Court sought a reply of the Uttar Pradesh Government on a plea challenging the use of Facial Recognition Technology for recording the attendance of the teaching and non teaching staff in the Chhatrapati Shahu Ji Maharaj University, Kanpur.

The Bench of Justice Manoj Misra and Justice Mohd. Azhar Husain Idrisi has also sought the response of the University administration and the Higher Education Department, Government of Uttar Pradesh.

'Hisab Kitab' Remark Case: UP Govt's 'Inaction' Prompts Allahabad High Court To Grant Interim Relief To MLA Abbas Ansari

High Court granted relief to Mau Sadar MLA Abbas Ansari, the son of jailed politician Mukhtar Ansari in connection with the Hisab-Kitab Remark case. The Court has stayed an order of the Mau Court taking cognizance of various charges under the IPC against him as the UP Government failed to file a counter affidavit in the case.

For context, the bench of Justice Samit Gopal is presently hearing a charge sheet quashing plea filed by Ansari in connection with the Hisab-Kitab Remark case, wherein he allegedly made a statement threatening the government officials with payback at a public rally in Mau district in March 2022, if the SP-SBSP alliance forms government in the state.

[Gyanvapi] Varanasi Court's Order In Favour Of Mantainibility Of Hindu Worshippers' Suit Challenged In Allahabad High Court

The Anjuman Islamia Masjid Committee (which manages the Gyanvapi mosque) has moved the Allahabad High Court challenging a Varanasi Court order dismissing its Order 7 Rule 11 CPC plea that was filed against the maintainability of Hindu Worshippers' suit.

It may be noted that the Varanasi Court last month dismissed the Anjuman committee's plea (filed under Order 7 Rule 11 CPC) challenging the maintainability of a suit filed by five Hindu women (plaintiffs) seeking worshipping rights in the Gyanvapi Mosque compound. Now, a plea has been challenging this very order before the Allahabad High Court.